Version 1.2 into force on 01.03.2013
The Website, edited and managed by MAMAZ, aims the implementation of the Service.
The distinctive sign MamazSocialFood is a French brand registered by MAMAZ on June 27, 2010 at the National Institute of Intellectual Property ("INPI") under the number 3749334.
The website was subjected to an authorization request from the National Commission on Informatics and Liberties ("CNIL") which number is 3749334.
Personal data relating to members of the MAMAZ Club are collected, recorded and stored in accordance with the provisions of the Act relating to data, files and freedoms of January 6, 1978. MAMAZ Club Members have the right to access, edit and delete their account.
Any application to the Website entails automatic membership to the MAMAZ Club and acceptance of the Terms.
The purpose of the TOS is to define the terms and conditions of use by MAMAZ Club Members in order to enable them to organize and book private dinners.
Any Club MAMAZ member must be over 18 years of age and have full legal capacity.
Any MAMAZ Club member must undertake to provide accurate information about his/her identity, address or any other information necessary to access the Website or modify his/her data. Providing incorrect, incomplete and misleading details at registration may engage the responsibility of the MAMAZ member concerned, both with respect to MAMAZ as to other members of the MAMAZ Club.
Anyone browsing the Website or any MAMAZ Club member browsing and/or logging onto the Website does it at their own expense, using their own equipment and telecommunications.
MAMAZ Club Members use the Service at their own risk and decide on their own to organize or book dinners. MAMAZ only intervenes to facilitate their relationship.
The use of the service constitutes acceptance of the Terms by Club Members and MAMAZ Guests. MAMAZ is mandated to connect Guests and Hosts and enable transactions on the Website in the manner hereinafter defined.
In the absence of use of the account by a member of the MAMAZ Club for more than twelve (12) consecutive months, MAMAZ may put the account on standby. Concerned MAMAZ members will be informed by email. Membership can be reactivated after request to MAMAZ, if the user meets the registration current conditions.
The MAMAZ Club member is prohibited to use, both for personal purposes and third parties, personal information and data that he/she could have access to via the Website, through the use of the Service. Any other use, free of charge or for consideration, in any form whatsoever, including free provision, rental, sale or copy from a MAMAZ club member is expressly prohibited.
MAMAZ reserves the right to immediately suspend or delete the account of a Member not complying with the TOS.
The registration at the website is a prerequisite for the use of the Service. Membership is free. The MAMAZ Club member undertakes to inform the appropriate fields on the registration form made available by the MAMAZ Website, under specified conditions. Information must be valid and kept up to date.
By registering with the Website, the MAMAZ Club member has a unique and strictly personal ID and password, chosen by himself that must be kept confidential. Only the MAMAZ club Member is allowed to use his username and password for the purpose of identifying on the Website. The MAMAZ Club member undertakes to not provide access to the Website, under his pseudonym or ID to any other person. In the event that the user becomes aware that another person accesses the Website with his/her username and password, the MAMAZ Club member must immediately inform MAMAZ team by e-mail at Contact@mamazsocialfood.com so that MAMAZ can take all necessary measures.
The MAMAZ Club member undertakes to not choose a username infringing on a third party. The MAMAZ club member does not choose, for example, an ID infringing on an intellectual property right, a trademark, a company name, a name that is not his/hers or any directly or indirectly nominative information..
The MAMAZ Club member undertakes to not create or use other accounts that the one initially created, whether it be under his/her own identity or that of third parties. Any derogation to this rule, should follow a specific request made by the MAMAZ Club member and a specific and written authorization by MAMAZ. The act of creating or using different accounts under one’s own identity or that of others without having requested it and obtained the permission from MAMAZ,, may result in the immediate suspension or deletion of accounts of the MAMAZ Club member and all associated services, regardless of any legal action lead by MAMAZ in compensation for the loss.
In case of dispute between Club Members or between Club Members and MAMAZ, the members acknowledge and agree that MAMAZ can produce all or part of the records relating to the use of the Website by concerned Club Members, including registered access codes stored on MAMAZ servers, subject to applicable legal provisions.
In case of the loss of your username and/or password, you can send a request to MAMAZ, by e-mail at firstname.lastname@example.org , in order to be awarded a new username and/or password.
After registration has been validated by MAMAZ, a host can upload the dinner of his choice on the Website. It will be accessible to all users of the MAMAZ site.
The Host organizing the dinner agrees to complete all fields of the form made available by MAMAZ and to provide as accurate information as possible in order to help the Guests make their decision...
MAMAZ reserves the right to quit the publication of any proposed Dinner should it not meet the requirements of the Quality Charter, or mention the information required on the specific form, or not meet the MAMAZ requirements for quality and reliability
Hosts agree to post their Dinner offer at least 48 hours (2 days) before Dinner’s scheduled date.
Hosts have the option to accept or refuse Guests’ dinner reservations without any justification. However, the Host shall not discriminate against a Guest regarding, in particular the surname, name, gender, age, nationality, race, religion, disability, sexual orientation, political opinions, profession ... The agreement or refusal must be confirmed by the Host on the website within 72 hours (1 day) after the reservation request, but not less than 24 hours (1 day) before the dinner scheduled date.
MAMAZ may request a justification to a host who has refused three different bookings for Dinners posted on the Website. In this case, MAMAZ reserves the right to suspend or close the account of the concerned MAMAZ club member.
The Host will be notified by email of any new booking for a dinner she/he is offering. The visitor then receives an email from MAMAZ informing her/him of the agreement or refusal of the booking. In case of agreement, the MAMAZ club member is charged on the credit card account he used to make the pre-booking. The Visitor will receive an email with a proof of completion of the transaction. The visitor will also receive via email or sms at least 24 hours (1 day) before the date scheduled for the Dinner, practical details related to the Dinner, including the exact location of the event as well as any security codes needed to access the place.
MAMAZ invites Guests who participated in a dinner to assess it according to various criteria defined by the organization. Guests may also add a comment. The assessment should be objective and not contain illicit sentiments contrary to public order or French courts as being defamatory or offensive against the host or determinable person shouldn’t consider morality and it. In the presence of such remarks, be it defamation or insults, the Host will have a right of reply and can ask MAMAZ, within 3 months of the publication of the comment involved, to post his response. MAMAZ reserves the right to moderate comments and responses written by MAMAZ Club Members, or to suspend or close the account of any MAMAZ Club Member who doesn’t respect the TOS.
MAMAZ agrees to make diner offers available to all Guests of its website. For this purpose, MAMAZ receives a mandate from the Hosts for putting at disposal of Guests their dinner proposition.
Being just the link between Hosts and Guests, MAMAZ cannot, in any circumstances, be considered as the organizer of dinners, particularly with regard to time, place and progress of dinners, or the products, food and beverages provided to the Guests.
MAMAZ cannot guarantee that dinners organized by Hosts will meet Visitors’ expectations. Similarly, MAMAZ cannot guarantee to Hosts that a Visitor won’t cancel a booking or that Guests won’t make a claim after a Dinner.
MAMAZ undertakes to treat all claims related to a Dinner published on the Website in accordance with the procedure described in these Terms.
The Host agrees to comply with the terms and conditions of the MAMAZ Quality Charter.
The Host agrees to provide all details required by MAMAZ forms on the website to allow Guests to be fully informed on dinner’s details before booking.
The Host agrees that he/she undertakes to organize the Dinner in accordance with what was published on the Dinner form of the website.
The Host is solely responsible for the proper execution of the obligation to inform Guests about the main details of the dinner. MAMAZ is not liable for any claim relating to the content and execution of the Dinner.
The Host is solely responsible, at its own expense, for the purchase of food, condiments and drinks served during dinner. The Host is solely responsible for the availability of all products used for the dinner, including decorative items, tableware, kitchen utensils, etc. Therefore, the Host cannot claim any compensation or remuneration to MAMAZ.
The host is free to set the price of the dinner per guest. The total amount composed of the price of the dinner, as requested by the host, multiplied by the number of guests will be paid to the host minus a fee per dinner of 20%.
The host is not an employee of MAMAZ. There is no hierarchical relationship between MAMAZ and Hosts. The Host acts as an individual and not as a professional. Payment of the dinner is the Guests’ responsibility. MAMAZ is simply an intermediary that proceeds with the booking, validates payment and processes financial transactions between individuals (Guests and Hosts).
During the course of the dinner, the Host shall not make any proposition contrary to law or morality, to provide any product or service other than that in connection with the Dinner, to make a commercial or promotional use of the dinner, directly or indirectly, for the purpose of promoting any product or service rendered by him/her or by a third party.
Hosts that wouldn’t comply with the Quality Charter or these Terms could have their account suspended or deleted by MAMAZ, regardless of any claim made by MAMAZ in the event that a Visitor or MAMAZ itself has suffered direct or indirect harm on account of the Host.
Hosts acting professionals (hereinafter referred to as the "Host Business"), whatever the status, in particular a commercial company or an auto-entrepreneur status, must, upon registration with the Website, identify with MAMAZ in that capacity. MAMAZ reserves the right to decline the registration of professional Hosts.
All requirements applicable to non-professional Hosts, as defined in the Terms, are applicable to professional Hosts.
Professional Hosts acknowledge being informed and up to date with requirements such as mandatory declarations, in particular tax return, social obligations, applicable to their status, and having proceeded to all affiliations eventually required
Professional Hosts acknowledge compliance with all current legal and regulatory requirements applicable to their status, especially in terms of accounting, insurance, financial guarantee or security.
Professional Hosts recognize being up to date with the payment of any amount due to local government departments and agencies, including all taxes or social security contributions which apply to them. Professional Hosts undertake to comply with legal and regulatory requirements relating to the exercise of their business.
The Guest agree to attend the dinner and be punctual at the Host’s Place. In case of lateness, the Guest must inform the Host without delay, indicating the estimated time of arrival. The Host has no obligation to welcome a Guest arriving more than an hour and a half after the time scheduled in the Dinner proposition posted on the Website by the Host and accepted by the Guest.
The Guest may, if he/she wishes, bring a gift to the host, such as flowers, a bottle of wine, a box of chocolates, etc.
During the course of the dinner, the Guest should behave well and adopt a warm, friendly and respectful attitude towards the host.
The Guest shall not harm the Host’s integrity or be responsible for damages done at the host’s residence. In case of personal or material injury suffered by the Host, the Guest must compensate for the damages, under penalty of prosecution. Since MAMAZ is not organizing the Dinners, its responsibility cannot be engaged. Within 2 days after the dinner date, the Guest can connect to the website and assess the Host’s Dinner,. A specific form is made available on the website, with the different criteria defined by MAMAZ. Guests may also, if they wish to add a comment.
MAMAZ is the platform facilitating dinners’ organization and booking between individuals. Booking and payment are made directly on the website. Guests pre-book the selected dinner by credit card and are charged only when the Host has accepted the reservation. The booking price includes dinner and MAMAZ platform service charges (technical, marketing, support, team). These costs are clearly available on the website. Anyone who books a dinner has agreed with the price. MAMAZ offers a secure and reliable payment system used by many Ecommerce sites.
Reservations can also be made using a gift card purchased on www.mamazsocialfood.com This card is valid for 365 days from the transaction date and can under no circumstances be used several times. The discount code equal to the amount of the gift card is for one-time use only. MAMAZ cannot under any circumstances be held responsible for the failure to hold a dinner reserved with a gift card.
The host will be credited by MAMAZ within 48 hours after completion of the dinner.
Booking cancellation is possible up to 48 hours before the dinner’s scheduled date. The booking confirmation email encloses a clickable link redirecting the visitor to a cancellation page. In that case, the money is fully refunded on the guest’s credit card. If a cancellation occurs within 48 hours of the dinner’s scheduled date no refund will be given to the Guest in order to cover the expenses made by the host for the preparation of dinner.
A Dinner may be canceled by a host. In that case, prepayment will be refunded in full by MAMAZ to the Guest’s credit card via a secure interface. If Host cancellation is notified less than 48 hours (2 days) prior to the scheduled date of the dinner, MAMAZ reserves the right to adjust the rating level of the Host.. If Host cancellation is notified on the day of the dinner’s scheduled date,, MAMAZ may, suspend the account until the Host provides a fair justification. Dinners are proposed and organized only by Hosts. MAMAZ limited role is to publish the dinner and make it available to all MAMAZ members on the website. Under no circumstances, will MAMAZ be liable for any delay or cancellation. In this regard, any claim made by a Guest against MAMAZ is unfounded.
Club Members benefit from the MAMAZ social and professional network. They may be invited to events organized by MAMAZ (such as cocktail parties, meetings, trips ...) with the aim of enabling MAMAZ Club members to meet, exchange ideas, share experiences or discuss gastronomic, touristic or cultural tastes.
Hosts who have received excellent or very good ratings from Guests may occasionally, and at the sole discretion of MAMAZ, be rewarded with gifts such as a bottle of wine, a cooking class, a gift card or a gift voucher for a gourmet dinner in a MAMAZ partner place. The MAMAZ team fully reserves the right to award gifts or not, according to their own criteria for evaluation and at the periods MAMAZ thinks is appropriate. Gifts received by the Hosts do not constitute any compensation whatsoever.
Any claim regardless of its nature will necessarily be addressed in writing to MAMAZ, via the support email address: email@example.com. The claim must clearly and thoroughly explain the reasons for dissatisfaction. The MAMAZ Club member may withdraw her/his claim at any time. Withdrawal is final.
MAMAZ club members should do all the necessary to permit proper resolution of the complaint. They must cooperate with MAMAZ and issue all documents needed to process the claim. They undertake to comply with the claims processing procedures provided by MAMAZ. In case of non-compliance with these procedures, the claim will not be processed.
In the case of a complaint and until the dispute is completely resolved, the accounts of the concerned club members may be suspended by MAMAZ. If a MAMAZ club member receives many complaints or shows high cancellation rate, MAMAZ may also reserve the right to delete the account of that member.
The website allows organization and booking of private dinners. Only club Members can decide to host or book a dinner. MAMAZ is there to facilitate the relationship between the Hosts and the Guests. Therefore, MAMAZ is not to be considered as the organizer or executer of the dinners.
The Host is directly responsible for detrimental consequences that may result from the dinner, including poisoning, illness or any other physical discomfort suffered by Guests and related to products and/or beverages proposed during the Dinner by the Host.
Only the Host is liable for any accident of a visitor occurring in his or her home. As a result, hosts must subscribe an insurance policy covering civil liability and any type of accidents that may occur in the context of such a dinner.
The Guest is solely responsible for his/her behavior at the host’s home. Therefore, he or she should behave in an appropriate and courteous manner.. The Guest will be held liable for any moral or physical damage suffered by the host or for any damage done to the home or property of the Host.
Unless MAMAZ is in fault, it cannot be held responsible for any damage, including moral or physical damage sustained by a MAMAZ club member. Nor can MAMAZ Club members hold MAMAZ responsible for any offensive, defamatory or immoral comments posted on the Website. MAMAZ cannot be held responsible for any malfunction, failure, delay or interruption of the Internet.
MAMAZ club members can at any time decide to quit using the platform, without justification, and by a simple notification (email or phone).
In the event that a MAMAZ Club member should violate the TOS or, more generally, any applicable laws or regulations, MAMAZ reserves the right to suspend or withdraw MAMAZ Club member’s access to the Website without prejudice to any damage compensation.
MAMAZ has the right to change the TO, based on the evolution of its service platform and of the market. Any change notified to MAMAZ Club Members by MAMAZ will take immediate effect on online offerings. Modifications do not apply to transactions already in progress at the time of their entry into force.
If one or more provisions of the TOS were determined to be invalid, it would not imply voiding of the aforementioned TOS.
MAMAZ may interrupt occasionally the Online Website for operational, maintenance or emergency reasons.
Any notification to MAMAZ must be done by email and sent to the following address: firstname.lastname@example.org.
The Terms and Conditions are subject to French law.