TERMS AND CONDITIONS OF SERVICE
THIS IS A EXTENSIVE DOCUMENT THAT CONTAINS SEVERAL IMPORTANT CLAUSES RELATED TO YOUR RIGHTS AND OBLIGATIONS WHEN USING OUR WEBSITES (AS HEREINAFTER DEFINED), WHICH MAY BE ACCESSED THROUGH WWW.MESAREDONDAPR.COM, ITS SUBDOMAINS AND MOBILE APPLICATIONS ROUND TABLE. THESE TERMS AND CONDITIONS, THE GUEST LETTER, THE HOST LETTER AND THE HEALTH AND SAFETY GUIDELINES SHALL BE COLLECTIVELY REFERRED TO AS THE “MAIN CONTRACT”. WE RECOMMEND THAT YOU PRINT AND KEEP A COPY OF THE MAIN AGREEMENT.
WORDS THAT ARE NOT PROPER NOUNS AND THAT BEGIN WITH CAPITAL LETTERS ARE TERMS WHOSE DEFINITIONS ARE CONTAINED WITHIN THIS SAME AGREEMENT IN THE CLAUSES WHERE THEY APPEAR FOR THE FIRST TIME. THESE MAY BE USED IN OTHER AGREEMENTS OR CONTRACTS BETWEEN YOU AND TABLE ROUND AND WILL HAVE THE SAME MEANINGS. THESE MAY BE USED AS SINGULAR OR PLURAL NOUNS AND WILL HAVE THE SAME MEANING.
1. Introduction
1.1 Mesa Redonda is part of the Culinary Group Cincosentidos LLC.
1.2 Mesa Redonda operates websites, social media channels, IPAs (application programming interfaces, hereinafter "API") and applications (all of these, hereinafter jointly referred to as the "Websites"). ”), in addition to providing a platform, services and a market through which users can issue invitations to offer to organize or facilitate meals or other social gatherings, which others may accept (the “Round Table Invitations”). Hereinafter, such meals or other organized social gatherings will be referred to as "Experiences."
1.3 Your use of the Websites and of the platform, market and related services that facilitate users to come into contact with each other (the “Round Table Services”) will be governed by the terms and conditions detailed here (the “T&C”). and by any other documents referenced by them.
1.4 In these T&C, users who issue Round Table Invitations are referred to (by virtue of that role) as “Hosts” and users who accept Round Table Invitations are referred to (by virtue of that role) as “Guests”. A single user can be a Host or a Guest in relation to different Experiences. Round Table provides a global marketplace that allows Hosts and Guests to engage with each other.
1.5 Unless Mesa Redonda expressly agrees otherwise in writing, any relationship between you and Mesa Redonda will be subject to the provisions of these T&C. By using the Round Table Websites and Round Table Services, you freely and voluntarily agree to be bound by these T&C.
1.6 These T&C may be modified from time to time. Modifications will be published on the Mesa Redonda website and we will try to notify registered users; however, it is your responsibility to ensure that you comply with the applicable T&C. We may also change how the Round Table Services operate, amounts charged, and payment mechanisms. These changes will not apply retroactively. If the modified T&C are not acceptable to you, your only recourse is to stop using the Round Table Websites and Round Table Services. If you do not cancel your Round Table registration, you will be deemed to have accepted the changes.
1.7 Mesa Redonda grants you a license to download and install one copy of the applications that are part of the Mesa Redonda Websites on each mobile device or computer that you own or control and to run said applications solely for your personal use. This license is limited, non-exclusive, non-transferable and is conditioned on your full compliance with these T&C. You agree to abide by, in addition to these T&C, the terms and conditions that apply to the device on which you run the application and those of the store from which you download it. Mesa Redonda reserves all rights to the application that have not been expressly granted by these T&C.
1.8 If you do not accept these T&C, you may not use the Round Table Websites or Round Table Services.
2. Registration
2.1 Non-registered visitors (ie without a user account) may view the Round Table Websites. Only registered users (or “users”, meaning those with a user account) may post content to the Round Table Websites and issue or accept Round Table Invitations. Registered users are identified on the Websites by their profile picture and name on record. Round Table can classify or qualify users. As a user, you represent to Mesa Redonda that you will use the Mesa Redonda Websites and Services only for lawful purposes and where it is lawful to use them. A “user account”, for purposes of the Principal Agreementcipal, is an identity created by a person or entity on our Websites through the registration process that we indicate for that purpose.
2.2 You acknowledge and agree that by accessing or using the Round Table Websites or the Round Table Services, or by downloading or posting any content on or from the Round Table Websites, you are affirming that you have read, understand and that you agree to abide by these T&C. If you accept or agree to these T&C on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that corporation or other legal entity to these T&C and, in such case, “you” and “ your” shall refer to and be applicable to that corporation or legal entity.
2.3 By registering or creating a user account in Mesa Redonda, you agree to obey (i) the public policies disclosed by Mesa Redonda on the Mesa Redonda Websites (such as, for example, the Privacy Policy and the Cancellation Policy) , and (ii) the “Guest Letter” with respect to any Round Table Invitation you accept, and (iii) the “Host Letter” with respect to any Round Table Invitation you issue. You may cancel your user account at any time by following the instructions on the Mesa Redonda Websites. If you terminate your user account, we will delete all personally identifiable information as required by applicable law. You agree that we may terminate or suspend any user's user account at any time.
2.4 Registration and access to the Round Table Services are intended only for people over 18 years of age. Any access to or use of the Round Table Websites or the Round Table Services by anyone under the age of 18 is expressly prohibited. By using the Round Table Websites and Round Table Services, you represent and warrant that you are 18 years of age or older. With the exception of that invitation that specifies that minors under 18 years of age can participate.
2.5 You agree to complete the registration process as honestly and completely as possible, and to keep the information contained in your user account and any other information about you correct and up to date. You may maintain only one user account on Mesa Redonda and you may not register as a user of Mesa Redonda on behalf of someone other than yourself. Your user account on Mesa Redonda is personal and may not be sold or transferred without the prior written consent of Mesa Redonda. You agree never to disclose your account access data or password (except for the purpose of personally logging into the Round Table Websites).
2.6 By registering as a user at Mesa Redonda, you agree that Mesa Redonda may request consumption reports, credit scores and other similar details about you. If Mesa Redonda requests such information, it will request and use it in accordance with the law.
2.7 If you link your registration to an accepted social networking site or service that is operated by a third party, you represent that you are legally authorized to do so and that such linking complies with all terms agreed between you and the third party and will not result in Mesa Redonda incurs in any obligation or liability.
2.8 You will need to agree to the terms and conditions of our payment provider when you sign up to make or receive payments.
3. Our content and your use of the Round Table Websites
3.1 Apart from the content generated by registered users, all the elements that make up the Round Table Websites and Services (including, without limiting the scope of this clause, their content, graphics, applications, software, functions and other features ) belong to Mesa Redonda (or the person from whom Mesa Redonda licenses it). You agree that you have no right to any portion of the Round Table Websites or Services other than to view content and use the communication infrastructure in connection with the organization and promotion of Experiences and the issuance, acceptance and payment of Invitations to Round Table in accordance with these T&C, according to each case. You agree that you are prohibited from reproducing, distributing, emulating, publishing or imitating any part of the Redonda Websites and Services without Redonda's prior written consent.
3.2 By using the Round Table Websites and Services, you agree that you will not:
3.2.1 Circumvent Roundtable's legitimate business interests by engaging in a transaction related to an Experience outside of the Roundtable Sites and Services, or take any action (other than posting authentic reviews) to dilute, sully, or disgrace, tarnish or otherwise damage the Mesa Redonda brand;
3.2.2 Useany part of the Redonda Websites or Services for commercial purposes, or of any other type, that are not expressly permitted by these T&C or in a way that falsely suggests that Redonda Mesa endorses or is associated with you, or that mislead others as to your affiliation with Mesa Redonda or any of its users or partners;
3.2.3 Use software, devices, scripts, robots, backdoors or other manual or automated means or processes to (i) access, "scrape", "crawl", "spider" or "index" any web page or other services contained on the Round Table Web Sites and Round Table Services, or (ii) collect information or interact with the Round Table Web Sites or Services, or (iii) systematically retrieve data or other content from any of the Round Table Web Sites. Mesa Redonda to create or compile, directly or indirectly, in individual or multiple downloads, a compilation, database, directory or collection of similar or analogous information, or (iv) access, alter or use non-public areas of any of the Round Table Websites and Round Table Services or technical delivery systems of Round Table partners, or (v) attempt to probe, scan or test the vulnerability of any party of any of the Round Table Websites or the Round Table Services or Round Table's security or authentication measures, or (vi) damage, disable, overburden, or tamper with any part of the Round Table Websites or any other site web, application or electronic communication, or (vii) spread anything that contains computer viruses or any computer code, file or program designed to interrupt, destroy or limit software, functions, computer or telecommunications equipment;
3.2.4 Access or use any of the Redonda Websites or Services (i) to use, expose or allow to be used or expose any content that Redonda does not display publicly on its search results pages or listing pages before that a Round Table Invitation is accepted; or (ii) in any way that is inconsistent with these T&C or any privacy policy or other policy publicly adopted by Mesa Redonda; or (iii) in any way that violates the privacy or any other rights of any other user of Mesa Redonda or any third party;
3.2.5 Register and/or use any intellectual property of Mesa Redonda (or the persons from whom it licenses the intellectual property) or the name “Mesa Redonda” or its logo (or derivative or confusingly similar terms) in any domains of Internet, trade names, trademarks or other font identifiers, trademarks, slogans, promotional campaigns or anything else, or otherwise infringe the rights of Mesa Redonda or the rights of any other person or entity (including, without wishing to limit the scope of this clause, any intellectual property or privacy, publicity or contractual rights);
3.2.6 Copy, store or otherwise access or use any information contained on any of the Round Table Websites for purposes not expressly permitted by these T&C or use, display, duplicate or frame any of the Round Table Websites or Services. Mesa Redonda, or any individual element within any of the Mesa Redonda Websites or Services, the Mesa Redonda name, any trademark, logo or other proprietary information of Mesa Redonda, or the structure and design of any page or form content on a page of the Mesa Redonda Websites and Services, without the express written consent of Mesa Redonda;
3.2.7 Interfering with or damaging any of the Round Table Websites or Services (including, without limitation, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings ], denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or email address information, or similar methods or technology) or in connection with the distribution of unsolicited emails or advertisements (other than Roundtable Invitations);
3.2.8 “Stalk” or harass any other user of any of the Round Table Websites or Services, or collect or store any personally identifiable information about any other user (other than to transact as a Guest or Host) ;
3.2.9 Contacting any Roundtable user about anything other than a Roundtable Invitation;
3.2.10 Recruit or request any Round Table user to jointo a third party website or service, whether or not it is in competition with Mesa Redonda, without Mesa Redonda's prior written approval;
3.2.11 Avoid, circumvent, remove, disable, impair, encrypt, decrypt or circumvent any technological measures implemented by Mesa Redonda or any of Mesa Redonda's providers or any other third party (including another user) to protect any part of the Sites Web or Round Table Services; forging any TCP/IP data packet header or any part of the header information in any email or newsgroup posting; or in any way use any part of any of the Round Table Websites or Services to submit altered information, false or misleading source identification information, or attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide any part of any of the Round Table Websites or Services; either
3.2.12 Advocating, encouraging or helping a third party to do any of the above.
3.3 You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices embedded in or accompanying the Websites, Round Table Services and supporting documentation. You also agree not to use, copy, adapt, alter, prepare derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Round Table Websites or the Round Table Services. Round Table in any way other than as expressly permitted in these T&C. No licenses or rights, implied or otherwise, are granted to you under any intellectual property rights owned or controlled by Mesa Redonda or its licensors, except for the licenses and rights expressly granted in these T&C.
4. Your content
4.1 Registered users may post content on our Websites. Anything you post (or otherwise make visible) on the Round Table Websites is considered, for purposes of these T&C, content posted by you ("Your Content"). Mesa Redonda's policy is not to edit or moderate Your Content unless necessary to ensure compliance with these T&C or with your prior consent. You agree that if you have linked your Round Table registration with any third party service, the services may exchange information and you will be deemed to have posted any information made available by the third party service as a result of the account linking.
4.2 You are responsible for all Your Content. By registering to use the Round Table Websites, you agree that:
4.2.1 Any statement you post is true;
4.2.2 You shall not use the Round Table Websites or the Round Table Services to offer any products or services other than Round Table Invitations.
4.2.3 You will not post, upload, post, send or transmit anything that: (i) infringes, misappropriates or violates any patent, copyright, trademark, trade secret, moral rights or other proprietary rights intellectual, publicity or privacy rights of a third party or rights to an image; or (ii) violates or incites any conduct that would violate any applicable law or regulation, give rise to civil or criminal liability, or may incite any anti-social behavior; or (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or misleading; or (iv) is defamatory, abusive, threatening, harassing or obscene, pornographic, vulgar or could be considered offensive by a reasonable person; or (v) is discriminatory, harmfully bigoted, racist, hate-inspired, harassing or harmful to any person or group, anti-Semitic, pedophile, incites violence, racial or ethnic hatred, illegal or otherwise reprehensible; or (vi) is violent or threatening or promotes violence or actions that threaten any person or group; or (vii) promotes illegal or harmful activities or substances; or (viii) endorses or promotes any of the things listed in (i) through (vii);
4.2.4 Nothing in Your Content will contain images that are not owned by you or that include or depict any identifiable person who has not consented to the use of the image (and, in the case of images taken during an Experience, that the relevant Host has consented to the publication);
4.2.5 You will not use the Round Table Websites or the Round Table Service to (i) transmit, distribute, publish or submit any informationinformation related to any other person or entity (including, without intending to limit the scope of this clause, photographs, contact or sensitive information, or credit, debit, bank or other account numbers) without the prior permission of the corresponding person ; or (ii) falsely impersonate any individual or entity, or falsify or misrepresent your identity or your affiliation with any person or entity;
4.2.6 All of Your Content may be made public and attributed to you;
4.2.7 Mesa Redonda has no obligation to store and/or publish Your Content (and Mesa Redonda may, at any time and without notice, remove Your Content from any part of the Mesa Redonda Websites);
4.2.8 Although you remain the owner of (and responsible for) Your Content, nothing in the relationship between you and Mesa Redonda operates to transfer any intellectual property rights to you;
4.2.9 You grant (or procure to grant) Round Table a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use all content (and all related intellectual property) in any material made available by you on the Round Table Websites;
4.2.10 Mesa Redonda may edit, reproduce (in whole or in part), translate, link to and from, bundle and otherwise manage Your Content (or elements thereof) as it deems appropriate;
4.2.11 Mesa Redonda may use and exploit Your Content (and information Mesa Redonda obtains about you) to communicate with you, target advertising to you, and develop, implement and refine marketing campaigns and promote the Mesa Redonda Services generally; Y
4.2.12 You will not advocate, encourage, or assist any third party to do any of the foregoing.
4.3 You agree that any profile photograph you upload is an honest representation of you and does not infringe any intellectual property rights belonging to any third party and you expressly authorize Mesa Redonda to use your image.
4.4 By accepting these T&C, you grant Mesa Redonda a worldwide, irrevocable, perpetual (or for the term of protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, translate , modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, communicate, access, view and otherwise exploit Your Content (which may include posting it on, through, by means of the Round Table Websites and Round Table Services and may also include the promotion or marketing of the Round Table Websites and Round Table Services). Mesa Redonda does not claim any proprietary rights over Your Content and nothing in these T&C shall be deemed to restrict any rights you may have to use and exploit Your Content.
4.5 Notwithstanding the licenses granted to Mesa Redonda in accordance with clauses 4.2.9 and 4.4, Mesa Redonda will use reasonable efforts to remove Your Content when you request that we remove it from our Mesa Redonda Websites (the request will be made through your registered account and will be confirmed by a letter by certified mail with a return receipt that includes sufficient details so that we can identify you and the portion of Your Content that you wish to remove from the Redonda Websites).
4.6 The Round Table Websites and the Round Table Services may provide links or references to other websites, services, publications or applications. Mesa Redonda does not make or give any representation, endorsement, guarantee or confirmation regarding the reliability of said website, service, publication or application and by accepting these T&C, you agree that you will not rely on Mesa Redonda in evaluating or using them and that Mesa Redonda under no circumstances will it be liable to you for any failure of the websites, services, publications or applications for which it is not responsible. Mesa Redonda assumes no responsibility for the content of websites linked to our site and will not be liable for any loss or damage that may arise from their use. In this context, you confirm that Mesa Redonda is not responsible for the actions or failures of its payment providers.
4.7 You consent and agree that Mesa Redonda may (but is not obligated to) employ translators and content editors (and may apply automatic translation and content editing services) to Your Content to change the style or language that you use. Except to the extent that anything done by Mesa Redonda creates an obligation or liability that would not otherwise have arisen, you agree that these processes will not lessen any liability or obligation you have for Your Content (and will indemnify Mesa Redonda from any loss what the hellsuffer as a result of hosting or managing Your Content).
5. Data
5.1 By accepting these T&C, you consent to Mesa Redonda collating and analyzing the data that results from your use of the Mesa Redonda Websites and the Mesa Redonda Services and that it may use and sell the resulting information.
5.2 Mesa Redonda will use reasonable efforts to ensure that, unless you agree otherwise, your personal information will not be disclosed to third parties, except to the extent required for reasonable verification, which is necessary to provide Mesa Services. Roundtable or to operate the Roundtable Websites or as permitted by clause 5.3.
5.3 You expressly grant us permission, without prior notice, to store, transfer and disclose data and other information relating to you or your transactions, including but not limited to personally identifiable information, to any competent government or tax agency or authority or law enforcement agency that claims to have a right to such information.
5.4 To the extent required by applicable law, Mesa Redonda shall, at the request of the applicable registered user, delete all personal information of that registered user. However, Mesa Redonda may (subject to applicable laws) preserve data that may have been obtained through previous interactions with Mesa Redonda, provided that such data cannot be linked to any specific person.
5.5 Mesa Redonda reserves the right to commercialize the results of this automatic data handling.
5.6 You agree not to do anything to create the false impression that you are endorsed by, associated with, or may be acting on behalf of or for the benefit of Mesa Redonda, including through the inappropriate use of any Mesa Redonda intellectual property.
6. Experiences
6.1 The Round Table Websites and Round Table Services consist of an online platform, designed to allow Hosts to create Round Table Invitations to Experiences and for Guests to learn about and book Experiences directly with Hosts. You understand and agree that Mesa Redonda is not a party to any contract between Hosts and Guests and that Mesa Redonda has no control over (and no responsibility or liability to you for) the conduct of (i) Hosts, (ii) Guests, ( iii) other users of the Round Table Websites and Round Table Services or (iv) others who facilitate or attend Experiences. You agree that Mesa Redonda is not responsible for any harm or damage resulting from your interactions with other users of the Mesa Redonda Websites or the Mesa Redonda Services and you agree that (to the extent permitted by law) Mesa Redonda rejects and disclaims all liability resulting from the conduct of any person.
6.2 By consenting to these T&Cs, you agree to comply with all applicable laws and regulations (including, without limiting the scope of this clause, fiscal and administrative regulations) that apply to any Experience.
6.3 You understand and agree that Round Table will not be liable under any circumstances for any manifestation included in a Round Table Invitation or for an Experience that does not run smoothly, as advertised or is otherwise unsatisfactory.
6.4 In certain circumstances, Mesa Redonda may decide, at its sole discretion, that it is necessary or desirable to cancel an Experience. In these circumstances, Mesa Redonda may determine, in its sole discretion, to reimburse the Guest for part or all of the amounts charged to the Guest. You understand and agree that Round Table and the applicable Guest or Host will have no liability to you with respect to any such cancellations or refunds.
7. Financial arrangements
7.1 When issuing Round Table Invitations, Hosts indicate the fees that they will charge each Guest, which includes all sales, tax, and other taxes (the "Host Fees"). Mesa Redonda manages a service so that these fees are collected and held in a trust account under the condition that the funds will be paid in accordance with these T&C (the management of this collection and retention service is part of the Mesa Redonda Services ). Round Table may charge Guests a fee for the use of Round Table Services (the "Round Table Fees"). Acceptance of a Round Table Invitation communicates that you consent to pay the Host Fees and any Round Table Fees (the "Transaction Fees"). The total amount of the Transaction Fees equals what the Invitee will be required to pay for each Roundtable Invitation to the Invitee accepting the Roundtable Invitation.
7.2CuWhere applicable, Round Table Fees are calculated as a variable percentage of the Host Fees. Any Round Table Fees are payable by the Guests at the same time as the payment of the Host Fees. To the extent that the Round Table Fees are subject to sales taxes, such as the SUT, these taxes will be included in the total amount to be paid by the Guest with respect to the Transaction Fees. When Mesa Redonda collects Mesa Redonda Fees, it will provide, upon request, an invoice of those Mesa Redonda Fees, itemizing any sales tax charged by Mesa Redonda.
7.3 Each Host understands and accepts that they are responsible for complying with all their tax obligations (including sales taxes, such as the IVU, among others) that are imposed at any level, whether state, local or any other. Mesa Redonda assumes no obligation in this regard. In particular, Mesa Redonda does not assume any responsibility (explicit or implicit) to notify or explain to the Hosts, or to inquire, their obligations regarding the SUT or sales taxes of any Host or Experience.[1]
7.4 If Mesa Redonda requires it as a result of any management before any tax or regulatory authority, the Hosts and Guests must provide Mesa Redonda, at the time it requests it, any information, data, documentation and/or copy of the communications (either in electronic format or of any other type) related to Experiences in which they have participated. Hosts must provide Mesa Redonda, upon request, with all reasonable assistance in any litigation or dispute with any tax authority regarding the SUT or taxes due on the sales of the Experiences in which said Hosts have participated. Each Host accepts the obligation to indemnify Mesa Redonda for any IVU obligation or any other tax that Mesa Redonda must pay and that arises from the Experiences by that Host.
7.5 You may only make payments in respect of Round Table Invitations through the payment processing infrastructure provided on the Round Table Websites, by special arrangement with Round Table through its direct booking services or through a an outside agency authorized by Mesa Redonda to provide the portions of Mesa Redonda Services related to payment processing. Please check with Mesa Redonda to ensure that any third party you are interacting with is properly authorized by Mesa Redonda. If the Round Table Invitation is processed through an authorized third party agent, you may not have to pay any Round Table Fee, but the authorized third party agent may charge an administrative fee.
7.6 You agree that the sole and exclusive role and responsibility of Mesa Redonda (and any of its authorized third party agents) in the provision of the Mesa Redonda Services related to the processing of payments, is to channel the collection of the Guests and the payment of the amounts collected under these T&C (and you understand and agree that they have no further liability to you in connection with any payment made).
7.7 Guests make payments through selected payment providers. The conditions governing the manner in which funds are held by such providers are set forth in their terms. Mesa Redonda may receive from payment providers any amounts owed to Hosts, and when it does, those funds will be deposited in a bank account (separate from Mesa Redonda's business bank account) until transferred to the Host (or, when apply, refunded to the Guest).
7.8 Round Table may “round” numbers to the nearest basic functional unit in the corresponding currency. Mesa Redonda uses commercial currency exchange operators and registered users accept the risks of fluctuations in currency exchange rates.
8. Insurance, disputes, resolution and refunds
8.1 Guests may need to cancel a previously accepted Round Table Invitation; in such cases, contact Mesa Redonda at hola@mesaredondapr.com. [2] [3] Any cancellation of a Roundtable Invitation is subject to our Cancellation Policy (add hyperlink). Guests will qualify for a full refund of Host Fees if (a) the Guest notifies Mesa Redonda and the Host of the cancellation during regular business hours in Puerto Rico (9:00 a.m. to 5:00 p.m. on weekdays, excluding holidays) in a timely manner, that is, before the cancellation period of the relevant Experience expires, or (b) if the Host cancels the Experience for any reason.
8.2 WishWe want all Guests to enjoy each Experience. However, sometimes things go wrong and if a Guest believes that the Host failed to fulfill an essential obligation of the Experience, the Guest may, up to midnight of the day following the Experience's scheduled date, request a full refund. or partial payment through the claim form on the page that summarizes the reservation or by sending an email to hola@mesaredondapr.com[4] in which you make specific reference to the Experience, identify the Host, specify the amount of the Rates Please state the amount the Guest wishes to be refunded and provide as much information as possible regarding the relevant problem/faults/reasons to believe the payment should be refunded.
8.3 Mesa Redonda has a current insurance policy[5] whose objective is to provide the benefits and protections explained on the Mesa Redonda Websites. Please notify Mesa Redonda immediately at hola@mesaredondapr.com[6] if you have suffered a loss that appears to be covered by the insurance policy. The notification must include all pertinent details, information and evidence available to you to substantiate the claim. By sending the email, you agree to provide us with any additional information that is reasonably available to you and that we may request in connection with the claim, including travel or medical details and expenses, details of any other insurance available to you and any proposals or resolution agreement with any third party related to any of the circumstances of the claim. Mesa Redonda agrees to indemnify or compensate you for such losses only to the extent that it can secure recovery from your insurance policy. Mesa Redonda will not deduct any administration fee from said recovered amount. Except as provided in this clause 8.3, Mesa Redonda has no other obligation or liability with respect to its guarantee.
8.4 If you have a dispute relating to an Experience, we recommend (although not required) that you contact our claims department to try to resolve the dispute amicably. Our claims service can be contacted by email at the following address: hola@mesaredondapr.com.[7]
8.5 It is important that if, as a Guest, you are not satisfied with an Experience, you notify Mesa Redonda before midnight of the day following the date on which said Experience was scheduled. Once Round Table has sent the funds to the Host, it will not be able to offer Guests any remedy.
8.6 After receiving a request for a refund, Mesa Redonda may order an amount to be refunded up to the full value of the Transaction Fees paid by the Guest (less payment transaction costs and any fees from an external agency that Mesa Redonda does not have the right to recover). However, if Roundtable believes that the claim has no merit, limited merit, or Roundtable is unable to assess its merit, then Roundtable may order that all or part of the Transaction Fees be paid to the Host and/or that the balance (if any) is held until the dispute between the applicable Host and Guest is resolved. If no such resolution is reached within six months, Round Table may order that 50% of the disputed portion of the Host Fees be paid to the Host and that 50% of the disputed portion of the Host Fees be paid to the Guest (and the Round Table Fees will be paid to Round Table) or take any other action it deems appropriate (which may include making a payment as ordered by a court of competent jurisdiction). Mesa Redonda shall have no further obligation or liability to the Host and Guest with respect to any such claim for reimbursement. You agree to abide by the decisions made by Mesa Redonda (even if the decision seems perverse to you).
8.7 Round Table agrees to use reasonable efforts to assess the merits of claims and to act in good faith towards Guests and Hosts; however, you agree that Round Table has no liability to you for any evaluation it makes regarding the merits of any claim between Guests and Hosts or any instructions it gives regarding payments to be made to Guests or Hosts. pursuant to this clause 8 and you further agree that Mesa Redonda may make or refuse refunds and payments in accordance with these T&C and that if, to the extent it does so, it will have no further liability or obligation to you or the Host or Guest .
8.8 Mesa Redonda will try to make the refunds to the Guests through the samepayment method they originally used. Where this is not possible, Mesa Redonda may require further verification before the refund can be processed. The Guest agrees to bear the cost of currency exchanges and the risks of fluctuations in currency exchange rates.[8]
8.9 By accepting these T&C, you also agree that, if Mesa Redonda has followed the aforementioned processes in good faith, Mesa Redonda will have no other liability or obligation to you.
8.10 Mesa Redonda has no responsibility with respect to any failure that may be attributed to a payment processor or authorized agent.
8.11 The Mesa Redonda platform serves as a trusted intermediary between Hosts and Guests and is fed by the service fee included in each Guest's reservation. This also includes insurance that protects our Hosts and Guests during their experiences at Mesa Redonda. If a Host or Guest offers payment alternatives outside of the platform, Mesa Redonda will not extend its insurance to the Host or Guest and reserves the right to disable the Host's Mesa Redonda account.
9. Exclusions and limitations to the responsibility of Mesa Redonda
9.1 By issuing or accepting a Round Table Invitation, you agree that you have not created any relationship with Round Table except as expressly provided in these T&C. Round Table does not control and does not have the right to control your Round Table Invitation, your offline activities related to your Round Table Invitation, or any other matter related to any Round Table Invitation you post.
9.2 Registered users are bound by these T&Cs to provide accurate information about themselves and to post only reliable and accurate content on the Roundtable Websites and not to do, when using the Roundtable Websites or the Roundtable Services, any incorrect, fraudulent or misleading statement or representation. By accepting these T&C, you consent that Mesa Redonda, its payment providers and/or other partners may request verification of your identity (and you agree to comply with such requests to the extent they are reasonable) and that they may use other information or resources available to them to verify their identity, to carry out regulatory checks, and to help limit misuse of the Round Table Websites, Round Table Services, and other services provided by payment providers and other partners. However, Mesa Redonda assumes no obligation to you to make such checks and you agree that Mesa Redonda does not represent, endorse, guarantee or confirm the identity of any user or the accuracy of any content or representation made by any user or otherwise received through (or communicated in connection with or as a result of) any of the Mesa Redonda Websites or Mesa Redonda Services (and by accepting these T&C you irrevocably agree that, except to the extent that Mesa Redonda expressly agrees otherwise, you waive any right to claim the reliability of any representation, endorsement, guarantee or confirmation).
9.3 To the extent permitted by law, Mesa Redonda excludes all conditions, warranties, representations or other terms that may apply to the Mesa Redonda Websites and the Mesa Redonda Services or any content therein, whether express or implicit. Mesa Redonda will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of legal duties, or in any other way, even if foreseeable, arising in connection with:
9.3.1 The use or inability to use any of the Round Table Websites or Round Table Services; either
9.3.2 The use of, or reliance on, any content included on any of the Round Table Websites or Round Table Services.
9.4 Subject to the provisions of clause 8.3, Mesa Redonda shall not be liable for:
9.4.1 Loss of profits, sales, business or income;
9.4.2 Business interruption;
9.4.3 Loss of anticipated savings;
9.4.4 Loss of a business opportunity, goodwill or reputation; either
9.4.5 Any indirect or consequential loss or damage.
9.5 Mesa Redonda will not be liable for any loss or damage caused by a virus, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site. or to the download of any content on it, or on any website linked to it.
9.6 By using the Round Table Websites and Round Table Services, you agree that (subject to anyAs set out in clause 8.3) any legal remedy or liability that you seek to obtain for the actions or omissions of other users of the Round Table Websites and Round Table Services or other third parties will be limited to a claim against the individual or the another third party that caused the damage. You agree not to attempt to impose liability or seek any legal remedy from Mesa Redonda with respect to such actions or omissions.
9.7 You agree that, to the maximum extent permitted by law, Mesa Redonda has no liability to you in respect of any general or specific failure, suspension or interruption of the services offered by any of the Mesa Redonda Websites or errors or omission in the information or processing provided on or through the Mesa Redonda Websites or the loss of information provided to the Mesa Redonda Websites.
9.8 Nothing in these T&Cs excludes or limits our liability for death or personal injury arising from our negligence, or from our fraud or fraudulent misrepresentation, or any other liability that may not be excluded or limited by common law.
9.9 Except to the extent liability cannot be relieved by law:
9.9.1 Mesa Redonda has no responsibility except for what is admitted in clauses 9.8, 9.9.2 and 9.9.3;
9.9.2 The responsibility of Mesa Redonda before the Host is limited to the amount collected by Mesa Redonda as agent of the Host with respect to the Experience referred to in the corresponding claim and that has not been paid to the Host (or, where appropriate, reimbursed to the Guest) in accordance with these T&C and any amount recovered under the insurance policy mentioned in clause 8.3; Y
9.9.3 Mesa Redonda's liability to the Guest is limited to the commission paid by the Guest in respect of the Experience referred to in the relevant claim and any amount recovered under the insurance policy referred to in clause 8.3.
9.10 You agree and confirm that if you decide to use any of the Round Table Websites or the Round Table Services to enter into any agreement with another person (whether in your capacity as Guest or Host), you must enter into a contract with that person. another person (such agreement may be or may include the terms and conditions under which the Roundtable Invitation is offered and accepted). You agree to comply with the terms of any such agreement. You acknowledge and agree that you, and not Mesa Redonda, are responsible for ensuring that each party to such agreement complies with the terms of this agreement and satisfies any other party's obligation to you. By accepting these T&C you also agree that Mesa Redonda is not a party to any contract between you and any other person (whether as Guests, Hosts, agents or in any other capacity) and that (except to the extent agreed by Mesa Redonda or any of its agents and subject to the terms of clause 7 and the other provisions of these T&C and as part of the Round Table Services to manage the collection, retention and payment of Transaction Fees as part of the Round Table Services Redonda) Mesa Redonda has no liability to you or any other person arising out of or in connection with any agreement between Guests and Hosts.
9.11 Notwithstanding the provisions of clause 9, you agree that none of the Round Table members, their directors, employees, agents or other representatives is liable to you for any damages, whether direct or indirect, resulting from the use of the Mesa Redonda Websites or the Mesa Redonda Services, even if Mesa Redonda knows or has been advised of the likelihood of such damage.
10. Cancellation and suspension
10.1 You can cancel your registration at any time by sending us an email from your registered email to hola@mesaredondapr.com.[9]
10.2 Roundtable may terminate or suspend your registration for convenience at any time by notifying you by email to your registered email address.
10.3 If your Roundtable registration is cancelled, all Experiences in respect of which you have issued a Roundtable Invitation will be automatically canceled and all Roundtable Invitations to Experiences you have accepted will also be automatically cancelled. Depending on what is established in our Cancellation Policy, the appropriate refund may be issued.
11. Miscellaneous
11.1 You declare and guarantee to Mesa Redonda that you are a person over 18 years of age and/or with the legal capacity to contract.
11.2 Some parts of the Round Table platform use the cartographic servicesof Google Maps/Earth, including the Google Maps APIs. Your use of Google Maps/Earth is subject to Google's terms of use and policies or those enforced by Alphabet, Inc.
11.3 If you become aware of any content on any of the Mesa Redonda Websites that you suspect does not comply with these T&C, please notify us by email at hola@mesaredondapr.com.[10] It will be helpful if you include (a) details of the content in question, (b) information that will enable us to locate the content in question on our Websites, (c) your contact information (full name, postal address, telephone number, email address and, when applicable, the name of the entity you represent, your postal address, your registration number), (d) if applicable, a statement that you are the owner of the intellectual property rights or rights on an image or on the person interested or authorized to act on behalf of the owner.
11.4 You acknowledge and agree that Mesa Redonda may store personal and other information about you on your electronic devices in the form of "cookies" and other programs and devices. The use of these concerns only the operation of our Websites. You acknowledge and agree that if you do not allow or limit the placement of "cookies" on your devices, this prohibition or restriction may have an adverse effect on your use of the Mesa Redonda Websites. You acknowledge and agree that Round Table may also store your personal information on computers and servers in Europe and beyond its borders. By using the Mesa Redonda Websites, you acknowledge and agree that Mesa Redonda may, in its sole discretion, store or disclose this information if required to do so by law or if there are reasonable grounds to believe that storage or disclosure of this information it is necessary to comply with a legal procedure.
