Terms and conditions

1. Introduction
1.1 Tabalr Technologies Co. Ltd. is a company founded and registered in the Kingdom of Cambodia. It’s office address is 95E0, street P08, Group 4, Sangkat Chrang Chanres 1,  Khan Rorseykeo, Phnom Penh .
1.2 Tabalr.Technologies operates websites, social media channels, APIs and applications and provides a platform, services and market place by which hosts invite guests for a local food experience, such as Dine With The Locals.
1.3 Your use of the Dine With The Locals Websites and the services offered by Dine With The Locals is governed by these terms and conditions set out in this document and the documents referred to in this document (together the “T&Cs”).
1.4 In these T&Cs users who offer Dine With The Locals Food experiences are (in that capacity) referred to as “Hosts” and users who accept those offers are referred to (in that capacity) as “Guests”. Dine With The Locals provides a marketplace allowing Hosts and Guests to contract with one another.
1.5 Unless Dine With The Locals expressly agrees to the contrary in writing, all your dealings with Dine With The Locals will be on and subject to the terms of these T&Cs.By using the Dine With The Locals Websites and the Dine With The Locals Services, you agree to be bound by these T&Cs.
1.6 These T&Cs may be updated, updates will be posted on the Dine With The Locals website .We may also modify the operation of the Dine With The Locals Services and the amounts charged and payment mechanisms.These changes will not have retrospective application.If the modified T&Cs are not acceptable to you, your only recourse is to cease using the Dine With The Locals Websites and Dine With The Locals Services.
1.7 Subject to your compliance with these T&Cs, Dine With The Locals grants you a limited non-exclusive, non-transferable licence to download and install a copy of the applications forming a part of the Dine With The Locals Websites on each mobile device or computer that you own or control and run that application solely for your own personal use. You agree to adhere, in addition to these T&Cs, to the terms and conditions applicable to the device on which you run the application and store from which you download it. Dine With The Locals reserves all rights in the application not expressly granted to you by these T&Cs.
1.8 If you do not agree to be bound by these T&Cs, you may not use the Dine With The Locals Websites or Dine With The Locals Services.
2. Our content and your use of the Dine With The Locals Website
2.1 Apart from the content generated by registered users, all the elements that make up the Dine With The Locals Websites and Dine With The Locals Services (including, without limiting the generality of this provision, its content, graphics, applications, software, functions and other features) belong to Dine With The Locals (or the person from whom Dine With The Locals licences it).You agree that you have no entitlement to any part of the Dine With The Locals Websites or Dine With The Locals Services otherwise than to view content and use the communications facilities in connection with arranging and promoting food experiences and issuing, accepting and paying for Dine With The Locals bookings, in each case, with these T&Cs.You agree that you are not permitted to reproduce, distribute, emulate, publish or imitate any part of the Dine With The Locals Websites and Dine With The Locals Services without Dine With The Locals ’s prior written agreement.
2.2 In using the Dine With The Locals Website and Dine With The Locals Services you agree that you will not:
2.2.1 Circumvent Dine With The Locals ’s legitimate commercial interests by participating in a transaction related food expereince independent of the Dine With The Locals Websites and Dine With The Locals Services or take any action (other than publish bona fide reviews) to dilute, tarnish or otherwise harm the Dine With The Locals brand in any way;
2.2.2 Use any part of the Dine With The Locals Website or Dine With The Locals Services for any commercial or other purposes that are not expressly permitted by these T&Cs or in a manner that falsely implies Dine With The Locals endorsement, partnership or otherwise misleads others as to your affiliation with Dine With The Locals or any of its users or partners;
2.2.3 Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to (i) access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Dine With The Locals Website and Dine With The Locals Services, or (ii) collect information from or otherwise interact with Dine With The Locals Website or Dine With The Locals Services, or (iii) systematically retrieve data or other content from any of the Dine With The Locals Websites to create or compile, directly or indirectly, in single or multiple downloads, a compilation, database, directory or similar or analogous collection of information, or (iv) access, tamper with, or use non-public areas of any of the Dine With The Locals Websites and Dine With The Locals Services or the technical delivery systems of Dine With The Locals ’s partners, or (v) attempt to probe, scan, or test the vulnerability of any part of any of the Dine With The Locals Websites or Dine With The Locals ’s Services or Dine With The Locals ’s security or authentication measures, or (vi) damage, disable, overload or alter any part of the Dine With The Locals Website or any other website, application or electronic communication, or (vii) broadcast any element containing computer viruses or any code, file, or computer program designed to interrupt, destroy or limit the software, features, IT or telecommunication equipment;
2.2.4 Access or use any of the Dine With The Locals Website or Dine With The Locals Services (i) to use, expose, or allow to be used or exposed, any content that is not publicly displayed by Dine With The Locals in its search results pages or listing pages before a Dine With The Locals Invitation is accepted; or (ii) in any way that is inconsistent with these T&Cs or any privacy or other policy publicly adopted by Dine With The Locals ; or (iii) in any way that violates the privacy or any other rights of any other of Dine With The Locals ’s users or any other third party;
2.2.5 Register and/or use any intellectual property of Dine With The Locals (or persons from which it licences intellectual property) or in the name “Dine With The Locals ” or its logo (or derivative terms or terms that are confusingly similar) whether in any domain names, trade names, trademarks or other source identifiers, trademarks, taglines, promotional campaigns or otherwise or infringe the rights of Dine With The Locals or the rights of any other person or entity (including, without limiting the generality of this provision, any intellectual property, privacy, publicity or contractual rights);
2.2.6 Copy, store or otherwise access or use any information contained on any of the Dine With The Locals Websites for purposes not expressly permitted by these T&Cs or use, display, mirror or frame the any of the Dine With The Locals Websites or Dine With The Locals Services, or any individual element within the any of the Dine With The Locals Websites or Dine With The Locals Services, Dine With The Locals ’s name, any Dine With The Locals trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Dine With The Locals Websites and Dine With The Locals Services, without Dine With The Locals ’s express written consent;
2.2.7 Interfere with or damage any of the Dine With The Locals Websites or Dine With The Locals Services (including, without limiting the generality of this provision, by the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology) or in connection with the distribution of unsolicited emails or advertisements (other than Dine With The Locals food experiences);
2.2.8 “Stalk” or harass any other user of any of the Dine With The Locals Websites or Dine With The Locals Services, or collect or store any personally identifiable information about any other user (other than for purposes of transacting as a Guest or Host);
2.2.9 Contact any Dine With The Locals user otherwise than about a Dine With The Locals Invitation;
2.2.10 Recruit or otherwise solicit any Dine With The Locals user to join a third-party service or website whether or not it is competitive to Dine With The Locals , without Dine With The Locals ’s prior written approval;
2.2.11 Avoid, bypass, remove, deactivate, impair, scramble, descramble, or otherwise circumvent any technological measure implemented by Dine With The Locals or any of Dine With The Locals ’s providers or any other third party (including another user) to protect any part of the Dine With The Locals Websites or Dine With The Locals Services, forge any TCP/IP 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 Dine With The Locals Websites or Dine With The Locals Services to send altered, deceptive or false source-identifying information or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the any part of any of the Dine With The Locals Websites or Dine With The Locals Services; or
2.2.12 Advocate, encourage, or assist any third party in doing any of the foregoing.
2.3 You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Dine With The Locals Websites, Dine With The Locals Services and ancillary documentation.You also agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Dine With The Locals Website or Dine With The Locals Services except as expressly permitted in these T&Cs. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dine With The Locals or its licensors, except for the licenses and rights expressly granted in these T&Cs.
3. Your Content
3.1 Registered hosts may post content on the Dine With The Locals Websites. Anything that you post (or otherwise cause to be visible) on a Dine With The Locals Website is deemed for the purposes of these T&Cs to be content published by you (“Your Content”). Dine With The Locals ’s policy is not to edit or moderate Content unless required to do so to ensure compliance with these T&Cs or with your prior consent.You agree that if you have linked your Dine With The Locals registration with any third-party service, the services may exchange information and you shall be deemed to have published any information made available by the third-party service as a result of the accounts being linked.
3.2 You are responsible for all Your Content. By registering as host to use the Dine With The Locals Websites you agree that:
3.2.1 Any representation that you publish is true;
3.2.2 You shall not use the Dine With The Locals Websites or Dine With The Locals Services to offer products or services other than Dine With The Locals food experiences.
3.2.3 You shall not post, upload, publish, submit or transmit anything that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy or rights to an image; or (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability or might be expected to incite any anti-social behaviour; or (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; or (iv) is defamatory, abusive, threatening, harassing or obscene, pornographic, vulgar or may otherwise be found to be offensive by a reasonable person; or (v) is discriminatory, prejudicially intolerant, racist, hate inspired, harassing or harmful toward any individual or group, anti-Semitic, paedophilic, inciting violence, racial or ethnic hatred, illegal or that is in any other way reprehensible; or (vi) is violent or threatening or promotes violence or actions that are threatening to any person or group; or (vii) promotes illegal or harmful activities or substances; or (viii) condones or promotes any of the things listed in (i) to (vii);
3.2.4 None of Your Content shall include any images which you do not own which include or depict any identifiable person who has not consented to the use of the image.
3.2.5 You shall not use the Dine With The Locals Website or Dine With The Locals Services to (i) transmit, distribute, post or submit any information concerning any other person or entity (including, without limiting the generality of this provision, photographs, contact or sensitive information or credit, debit, banking or other account numbers) without the relevant person’s prior permission; or (ii) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
3.2.6 All Your Content may be made public and associated with you;
3.2.7 Dine With The Locals is under no obligation to store and/or to publish Your Content (and Dine With The Locals may at any time and without prior notice delete Your Content from any part of the Dine With The Locals Website);
3.2.8 Although you remain the owner of (and responsible for) Your Content, nothing in any relationship between you and Dine With The Locals operates to transfer any intellectual property rights to you;
3.2.9 You grant (or shall procure the grant) to Dine With The Locals of a worldwide, non-exclusive,, royalty-free license to use all content (and all related intellectual property) in any content made available by you on the Dine With The Locals Website;
3.2.10 Dine With The Locals may edit, reproduce (in whole or in part), translate, link to and from, group and otherwise deal with Your Content (or elements of it) as it deems appropriate;
3.2.11 Dine With The Locals may use and exploit Your Content (and information that Dine With The Locals learns about you) to communicate with you, target advertising to you and develop, implement and refine marketing campaigns and to promote Dine With The Locals ’s Services generally; and
3.2.12 You shall not advocate, encourage, or assist any third party in doing any of the foregoing.
3.3 You agree that any profile photograph that you upload is an honest representation of you and your venue and does not infringe any intellectual property rights belonging to a third party and that you expressly authorize Dine With The Locals to use your image.
3.4 By accepting these T&Cs you grant Dine With The Locals a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, royalty-free license, with the right to to use, view, copy, adapt, translate, modify, publicly display, publicly perform, transmit, stream, broadcast, access and view, Your Content (which may include publishing it on, through, by means of the Dine With The Locals Websites and Dine With The Locals Services and may also include promoting or marketing the Dine With The Locals Websites and Dine With The Locals Services). Dine With The Locals does not claim any ownership rights in Your Content and nothing in these T&Cs will be deemed to restrict any rights that you may have to use and exploit Your Content.
3.5 Notwithstanding the licences granted to Dine With The Locals pursuant to clauses ‎3.2.8 and ‎3.3, Dine With The Locals shall use reasonable endeavours to remove such of Your Content as you request us to remove from our current Dine With The Locals Websites (the request to be made through your registered account and confirmed in a recorded delivery letter with signed proof of receipt including sufficient details for us to identify you and the relevant part of Your Content that you request is removed from the Dine With The Locals Websites).
3.6 The Dine With The Locals Websites and Dine With The Locals Services may provide links or referrals to other websites, services, publications or applications. Dine With The Locals makes and gives no representation, endorsement, guarantee or confirmation as to the reliability of any such website, service publication or application and by agreeing to these T&Cs you agree that you shall not rely on Dine With The Locals when assessing or using them and that Dine With The Locals shall under no circumstance be responsible to you for any failure of any websites, services, publications or applications for which it is not responsible. Dine With The Locals assumes no responsibility for the content of websites linked on our site. Dine With The Locals will not be liable for any loss or damage that may arise from your use of them. In this context you confirm that Dine With The Locals is not responsible for the actions or failures of its payment providers.
3.7 You agree and consent that Dine With The Locals may (but is not obliged to) employ translators and copy editors (and may apply automated translation and copy editing services) to Your Content to change the style or language used by you. Except to the extent that anything done by Dine With The Locals create an obligation or liability which would not otherwise have arisen, you agree that these processes shall not diminish any responsibility or liability you have for Your Content (and that you shall hold Dine With The Locals harmless from any loss it may suffer as a result of hosting or otherwise dealing with Your Content).
4. Data
4.1 By accepting these T&Cs you agree that Dine With The Locals may collect and analyse data resulting from your use of the Dine With The Locals Websites and Dine With The Locals Services and may use and sell the resulting information.
4.2 Dine With The Locals will use reasonable endeavours to ensure that unless you agree to the contrary your personal information will not be disclosed to third parties except to the extent required to undertake reasonable verification, necessary to provide the Dine With The Locals Services or to operate the Dine With The Locals Website or as permitted by clause ‎54.3.
4.3 You expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to you or to your transactions, including, but not limited to, personally identifiable information to any relevant tax or other governmental or competent regulatory or law enforcement authority or agency that claims to be entitled to such information.
4.4 To the extent required by applicable law, Dine With The Locals shall on request of the relevant registered user delete all information that is personal to that registered user. Dine With The Locals may however (subject to applicable laws) retain data that may have been obtained by previous interactions with Dine With The Locals provided that that data cannot be linked to any individual person.
4.5 You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Dine With The Locals , including by inappropriately using any Dine With The Locals intellectual property.
4.6 By accepting these T&Cs you agree that if Dine With The Locals has followed the processes mentioned above in good faith it shall have no further or other liability or obligation to you.
4.7 Dine With The Locals has not responsibility or liability in respect of any failing by a payment processor or authorised agent.
4.8 The Dine With The Locals platform serves as a trusted intermediary between Hosts and Guests and maintains itself through the service fee included in each Guests’ booking. This also includes insurance that protects our Hosts and Guests during their Dine With The Locals experiences. In the case that a Host or Guest offers payment alternatives outside of the platform, Dine With The Locals is no longer able to extend it’s insurance to the Host or Guest and reserves the right to disable the Host’s Dine With The Locals account.
5. Exclusions and limitations to Dine With The Locals ’s responsibility and liability
5.1 You agree by issuing or accepting a Dine With The Locals Food Experience you do not create any relationship with Dine With The Locals save as expressly provided in these T&Cs. Dine With The Locals does not control, and has no right to control, your Dine With The Locals Food experience, your offline activities associated with your Dine With The Locals Food experience pere, or any other matters related to any Dine With The Locals Food experience that you publish.
5.2 To the extent permitted by law, Dine With The Locals excludes all conditions, warranties, representations or other terms which may apply to the Dine With The Locals Websites and Dine With The Locals Services or any content on them, whether express or implied. Dine With The Locals will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
5.2.1 Use of, or inability to use, any of the Dine With The Locals Websites or Dine With The Locals Services; or
5.2.2 Use of or reliance on any content displayed on any of the Dine With The Locals Websites or Dine With The Locals Services.
5.3 Dine With The Locals will not be liable for:
5.3.1 Loss of profits, sales, business, or revenue;
5.3.2 Business interruption;
5.3.3 Loss of anticipated savings;
5.3.4 Loss of business opportunity, goodwill or reputation; or
5.3.5 Any indirect or consequential loss or damage.
5.4 Dine With The Locals will not be liable for any loss or damage caused by a virus, 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 your downloading of any content on it, or on any website linked to it.
5.5 By using the Dine With The Locals Websites and Dine With The Locals Services, you agree that (subject as provided in clause ‎8.3) any legal remedy or liability that you seek to obtain for actions or omissions of other users of the Dine With The Locals Websites and Dine With The Locals Services or other third parties will be limited to a claim against the individual or other third party who caused you harm.You agree not to attempt to impose liability on or seek any legal remedy from Dine With The Locals with respect to such actions or omissions.
5.6 You agree that to the maximum extent permitted by law Dine With The Locals has no liability or responsibility to you in respect of any general or specific failure, suspension or interruption in any services offered by any of the Dine With The Locals Websites or error or omission in information or processing provided on or by the Dine With The Locals Websites or loss of information provided to the Dine With The Locals Websites.
5.7 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
5.8 Save to the extent that liability may not be excluded by law:
5.8.1 Dine With The Locals ’s liability to the Host is limited to the amount collected by Dine With The Locals as agent of the Host in respect of the Food experience to which the relevant claim relates and not paid to the Host (or, where appropriate, refunded to the Guest) in accordance with these T&Cs and any amount recovered under the insurance policy referred to in clause ‎8.3; and
5.8.2 Dine With The Locals ’s liability to the Guest is limited to the commission paid to it by the Guest in respect of the Food experience to which the relevant claim relates and any amount recovered under the insurance policy.
5.9 You agree and confirm that if you choose to use any of the Dine With The Locals Websites or the Dine With The Locals Services to enter any arrangement with another person (whether in your capacity as a Guest or as a Host) you should enter an agreement with that other person (that agreement may be or comprise the terms and conditions on which the Dine With The Locals Invitation is offered and accepted).You agree to adhere to the terms of any such agreement.You acknowledge and agree that you, and not Dine With The Locals , are responsible for ensuring that each counter-party to any such agreement complies with the terms of that agreement and satisfies any obligations the counter-party has to you. By agreeing to these T&Cs you also agree that Dine With The Locals is not a party to any agreement between you and any other person (whether as Guests, Hosts, agents or in any other capacity) and that (except to the extent that Dine With The Locals or any of its agents agrees on and subject to the terms of clause ‎6 and the other provisions of these T&Cs and as part of the Dine With The Locals Services to arrange the collection, holding and payment of Transaction Fees as part of the Dine With The Locals Services) Dine With The Locals has no liability to you or any other person arising from or related to any agreements between Guests and Hosts.
5.10 Subject to the provisions of clause ‎9, you agree that none of Dine With The Locals , its directors, employees, agents or other representatives is liable to you for any damage, whether direct or indirect, resulting from use of the Dine With The Locals Websites or the Dine With The Locals Services even if Dine With The Locals has knowledge or has been informed of the likelihood of the occurrence of such damage.
6. Miscellaneous
6.1 You declare and guarantee to Dine With The Locals that you are a person over 18 years of age and/or having the legal capacity to enter into a contract.
6.2 Some portions of the Dine With The Locals platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.
6.3 If you become aware of any content on any of the Dine With The Locals Websites that you suspect has been posted in breach of these T&Cs please notify us by email at feedme@Dine WithTheLocals.com.It will be helpful if you are able to include (a) details of the content concerned, (b) information to enable us to locate the content in question on the Dine With The Locals Website, (c) your contact information (full name, postal address, telephone number, email address and, where applicable, the name of the body on whose behalf you are contacting us, its postal address, its registration number), (d) a statement, where applicable, that you are the owner of intellectual property rights or rights to an image or to the person concerned or authorized to act in the name of the owner.
6.4 You acknowledge and agree that Dine With The Locals 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 solely concerns the functioning of the Dine With The Locals Website. You acknowledge and agree that if you do not allow or limit the placing of cookies on your devices, this ban or restriction may have an adverse effect on your use of the Dine With The Locals Websites.You acknowledge and agree that Dine With The Locals may also store your personal information on computers and servers in Europe and beyond its borders. By using the Dine With The Locals Website, you acknowledge and agree that Dine With The Locals may, at its sole discretion store or divulge this information if required to do so by law or if there are serious reasons to think that storage or divulgence of this information is required to conform to a legal procedure.
6.5 The publishing director of the Dine With The Locals Website is Sorida Nhim. Dine With The Locals is registered in Cambodia.
6.6 For any question relating to the Dine With The Locals Websites or Dine With The Locals Services you can contact us by the following means: Dine With the Locals Ltd. ℅ Biolab offices Wat Bo Road Siem Reap Cambodia feedme@dinewithethelocals.com Phone (+855)879410
6.7.1 A “person” or “corporation” includes a reference to all legal or natural persons, partnerships, trusts, companies, governments or local authority departments and other bodies and associations (whether corporate or unincorporated);
6.7.2 An individual includes where appropriate his personal representatives;
6.7.3 The singular includes a reference to the plural and vice versa; and
6.7.4 One gender includes each gender (feminine, masculine and neuter).
6.8 No failure or delay by Dine With The Locals to exercise any right or remedy under these T&Cs shall be construed as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy. No waiver by Dine With The Locals of any breach of these T&Cs shall be considered as a waiver of a preceding or subsequent breach. The rights and remedies provided in these T&Cs are cumulative and are not exclusive of any rights or remedies provided by law.
6.10 These T&Cs and the documents referred to in these T&Cs (as in each case updated from time to time) constitute the whole agreement between you and Dine With The Locals governing our relations and supersede all other agreements between you and Dine With The Locals prior to the date of these T&Cs, which shall cease to have any further effect.
6.11 If a provision of these T&Cs is held to be illegal or unenforceable, in whole or in part, under an enactment or rule of law, it shall to that extent be deemed not to form part of these T&Cs and the enforceability of the remainder of these T&Cs shall not be affected.
6.12 Dine With The Locals may communicate with you by sending an email to your registered email address. It need only adduce proof that the email was sent, and is not responsible for ensuring that you receive it.
6.13 It is not intended that a third party should have any right to enforce these T&Cs pursuant to the Contracts (Rights of Third Parties) Act 1999 other than that Dine With The Locals may rely on and enforce these T&Cs as if (in each case) named in these T&Cs in place of Dine With The Locals.
6.14 These T&Cs shall be governed by and construed in accordance with Cambodian law and Dine With The Locals and you each agree to submit any dispute, including disputes relating to any non-contractual obligations, which may arise out of, under, or in connection with this agreement to the exclusive jurisdiction of the Cambodia courts.