Last updated: 31.05.2016
I. General Terms
1. Acceptance of the Terms
You acknowledge and agree that by accessing or using the services or by downloading or posting any content from or on the site, via the application or otherwise through the services, you are indicating that you have read and that you understand and agree to be bound by these terms, whether or not you have registered with the services. If you do not agree to these terms, then you have no right to access or use this platform or the services provided on the platform, as well as its content.
By using this website and indicating acceptance of this Agreement, you represent that you are at least 18 years of age, either entering into this Agreement for yourself or as a parent or legal guardian, entering into this Agreement on behalf of your child or child legally in your care, and you understand and agree to be bound by this Agreement. Any parent or legal guardian entering into this Agreement on behalf of a child under the age of 18 understands and agrees to be responsible for any financial charges and/or legal liabilities incurred on the Site.
2. Scope of our service
These pages, native content and infrastructure of these pages, and the online reservations service provided on these pages and through the website (“Happy Bellyfish”) are owned, operated, and provided by Happy Bellyfish (“Happy Bellyfish”, “us”, “we” or “our”) and are provided for you subject to the terms and conditions set out below.
Through the website, we (Happy Bellyfish and our affiliate [distribution] partners) provide an online platform where various service providers (“partners”) of cooking classes, nutrition courses, food tours, culinary holidays, and other services (“activities”) can advertise their services for reservation and through which visitors of the Happy Bellyfish website (“users”) can make such reservations. By making a reservation through Happy Bellyfish, you enter into a direct (legally binding) contractual relationship with the service provider with whom you book an activity.
From the point at which you make your reservation, we act solely as an intermediary between you and the partner, transmitting the details of your reservation to the relevant partner and sending you a confirmation email for and on behalf of the service provider.
3. Accuracy, completeness, and timelessness of information (no warranty)
The content provided on our website is for informational purpose only. When rendering reservations on Happy Bellyfish, the information that we disclose is based on the information provided to us by partners. As such, the service providers are given access to an extranet through which they are fully responsible for updating all rates, availability, and other information that is displayed on our website. Although we will use reasonable skill and care in performing our services, we will not verify if, and cannot guarantee that, all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade, or maintenance of our website), any inaccurate, misleading, or untrue information, or non-delivery of information. We do not guarantee that the information available on the website has not been altered through technical defects or by unauthorized third parties. Each partner remains responsible at all times for the accuracy, completeness, and correctness of the descriptive information, including rates and availability, displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, or (star) rating of any activity made available. We may change the structure of the website, its functions, and the information displayed at any time. We do not provide any warranties, express or implied, in relation to the availability of the website or its functions, nor do we guarantee that the website is free from defects or that the infrastructure on which it runs is free from viruses and other harmful software defects or access by unauthorized third parties.
4. Privacy and Cookies
Happy Bellyfish respects your privacy. Please take a look at our privacy and cookies policy for further information.
5. Use Restrictions/Prohibited use
You are not allowed to re-sell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, or reproduce any content or information, software, products, or services available on our website for any commercial or competitive activity or purpose. You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for any obscene or immoral purpose; or, (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
6. Reservation of activities and payment
As a user of Happy Bellyfish, you can book activities, which are offered by partners, online by filling in a form and making a payment online. You may pay for the reservation by using PayPal. Each reservation and payment made through the website needs to be confirmed by us or by the respective partner. The information about your reservation will be delivered instantly to the respective partner, whose activities you are booking. You will be notified automatically when your reservation is confirmed.
After successful payment, a partner may contact you directly with all the information regarding the activity you have reserved. If you have any allergies or special requirements, it is your sole responsibility to inform the partner about these prior to the event.
The euro is the default currency for prices and payments. Currency conversion on the website is used for informational purposes only and can vary during the transaction, based on the official currency rate to date. Happy Bellyfish may deduct foreign currency processing costs from any payment.
7. Prices and program changes
Partners may reserve the right to make slight changes to their program without prior notification. All prices are determined by partners and are displayed inclusive of all taxes. Before a user initiates a reservation, partners may modify their prices.
8. Arrival and participation in activities
All users are solely responsible for their timely arrival to the meeting point or activity venue, as well as for providing all necessary documents, making all necessary travel arrangements, and complying with local rules and regulations, insurance policies, etc.
9. Cancellation of reservation
Cancellation policies for activities, including the cancellation period and fee, are determined by each partner individually. If a user is eligible for a refund in accordance with the partner’s cancellation policy, the refund will occur within 30 working days from the cancellation date.
Happy Bellyfish shall not bear any liability for any cost, expense, loss, or damage that you may suffer or incur as a result of a User’s or Partner’s cancelation of a Reservation or Activity.
10. Limitation of liability and disclaimer
You expressly agree that your use of, or inability to use, the service, as well as your participation in the activities booked through the platform, is at your sole risk. In no case should Happy Bellyfish, our management, our agents, our employees, independent contractors or their employees or officers, be liable for injuries and/or damages relating to your access to (or inability to access) the website, or for any errors, omissions, or results obtained from the use of the website, or for the services and activities offered on the website, whatever the legal basis of such liability would be.
You agree to indemnify, defend, and hold harmless Happy Bellyfish and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
12. Intellectual property and Trademarks
Happy Bellyfish and the Intellectual Property rights pertaining thereto (other than User Generated Content), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets (collectively, “Intellectual Property”), whether or not registered, are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. Unless expressly permitted in the Terms, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify, or create derivative works of any material that is subject to our proprietary rights, including the Service’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means.
Happy Bellyfish, the company’s marks and logo, and all other proprietary identifiers used in connection with Happy Bellyfish are all our protected trademarks and/or trade names, whether or not registered. All other trademarks, service marks, trade names, and logos that may appear on Happy Bellyfish belong to their respective owners.
13. Links to third-party websites and third-party content
Our website may contain links to third-party websites and third-party content, including those provided by partners. We are excluded from all responsibility for all third-party content that may be available through the website, including the content provided by Partners regardless the channel and form of content they use. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with the use of or reliance on any services, content, products, or other materials available on or through any third-party websites. You use third-party websites linked to or from Happy Bellyfish at your own risk – we recommend that you read through the legal documents of those websites before using them.
14. Amendments to the Terms
Happy Bellyfish may change the terms and conditions of this agreement at any time by posting the changed information and documents on the website and by striving to inform users of the changes via email, on the website, or otherwise. Users and partners can terminate this agreement to end on the date on which the changes would take effect by informing us of the termination before such date. By continuing to use Happy Bellyfish following such changes, you agree to be bound by the amended Terms.
II. Partner’s Terms
These Terms apply to the service providers (Partners) that use the Happy Bellyfish platform.
1. General conditions for Partners
Your registration and membership as a Partner on Happy Bellyfish is free. You can publish an unlimited amount of activities, related to our platform and in compliance with these Terms, free of cost. Only with every successful reservation of your activity, when the payment from a user is processed and accepted, will we retain a nominal transaction commission.
Happy Bellyfish reserves the right to disapprove or cancel the registration of any Partner at any time, as well as disapprove or delete a published activity if we believe that it does not comply with the rules, regulations, and mission of Happy Bellyfish. We also reserve the right to modify the layouts and format of your published activities on Happy Bellyfish, including editing of text (i.e., typos).
2. Your Responsibilities as a Partner
(a) As a Partner you are obliged to publish only truthful, up-to-date, and complete information about your activities. You are responsible for the quality of the activities and for ensuring that they match the description provided. By publishing information and media content you confirm that you have the legal rights to do so and that you own the content.
(b) The activity and its description cannot be false, inaccurate, misleading, fraudulent, unlawful, or defamatory. It cannot violate any applicable law or regulation.
(c) You are obliged to respond to all requests from users and Happy Bellyfish in a timely manner.
(d) It is your responsibility to make sure that a participant in your activity has complete information about the meeting point or a venue, as well as that you appear at the venue or meeting point in a timely manner.
(e) You are responsible for informing a user about any program or product changes.
(f) You are responsible for ensuring that all participants are aware of the products used during your activities (if applicable), especially if they can cause any allergic reactions.
(g) You are obliged to determine and pay any applicable taxes in your respective country of residence, including VAT, surcharges, sales taxes, goods and services taxes, personal, or corporate income taxes.
(h) If you collect any personal information during the registration process, you are obliged to handle it with care according to all data protection laws. You cannot transfer this data to any third parties without the explicit consent of the data owner.
All participants in your activities will be asked to leave a review sharing their honest experience. We strive to give the most transparent and comprehensive information to our users possible; for that reason, you cannot delete or edit reviews of your activities, unless it is a clear case of fraud. The reviews are only open to those who booked your activity through Happy Bellyfish.
All prices for the activities that you publish on Happy Bellyfish should be displayed inclusive of all taxes. Users who book your activities will be charged the final amount displayed; you cannot charge them extra taxes after the reservation is initiated. We may ask you to provide us your tax-related information and documentation.
5. Payouts and Earnings
(a) To use the Happy Bellyfish service and get paid, you will need a PayPal account. From each successful booking, Happy Bellyfish retains a transactional commission of 15% (“partner fee”). We process payouts through PayPal according to our payout schedule. You will receive the entire sum that has come to you through the reservations of your activities minus 15%. In order for us to pay your earnings, you authorise us to collect payments and distribute your earnings to you.
(b) Payout schedule. We do pay-outs every Tuesday, for all the activities that took place within the previous 7 days and at least 24 hours before the payout. We have to process pay-outs after the class mostly because of the possible cancellations and refunds – it is easier, cheaper, more secure and faster for you and for your guest that way.
(с) You must provide us with the correct information for your PayPal account so that we can transfer your payout in a timely manner. For all transfers and refunds, the terms of PayPal apply.
(d) If we are not able to process your payout due to an error (for example, inaccurate account information), we will hold the funds until the error is resolved.
(e) An automated invoice will be issued concerning every transaction between seller and buyer, as well as for all payouts.
(f) A Partner can opt for an option to accept a partial advanced payment (deposit) from a guest online, and to receive the rest of the payment from a guest on the spot when activity is conducted. The deposit should be at least 15% of the activity price. If this option is selected, Happy Bellyfish will not take any financial liability for the no-shows of the guests.
(g) We reserve the right to change a partner fee as well as our payout schedule at any given time, with prior notice given to affected partners.
(h) The euro is the default currency for payments on Happy Bellyfish. If your account uses a different currency, the actual currency rate will be applied. We are not responsible for any additional fees associated with currency conversion.
6. Best Price Guarantee
We are working very hard at Happy Bellyfish to make sure that our Partners and Users receive the best service. Therefore, we offer the lowest commission rate on the market and bear all transaction fees. We highly value the trust that users place in our platform and our Partners.
By publishing an activity with Happy Bellyfish, you are stating and agreeing that the same activity is not offered on any other website at a lower rate.
7. Cancellations and Refunds
Cancellation policies should be determined by partners for each individual activity. The definition of the policies must include the cancellation period (how many days before the start date can the activity be cancelled) and the cancellation fee and/or refund.
In case of a refund, a Partner is obliged to refund an applicable sum to Happy Bellyfish through PayPal. Happy Bellyfish is obliged to process refunds to users within 30 days.