Terms of Service

Professional usage terms and conditions for Fallow Café platform and services

Last updated: January 15, 2025

1. Acceptance of Terms

Welcome to Fallow Café, a professional platform dedicated to showcasing exceptional Dutch hospitality design. By accessing, browsing, or using our website (fallowcafe.com), mobile applications, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms").

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Fallow Café ("we," "us," or "our"). If you do not agree to these Terms, you must not access or use our Services.

Professional Platform Notice

Fallow Café is designed as a professional resource for hospitality design professionals, business owners, and industry stakeholders. Our content and services are intended for professional and educational use within the Dutch hospitality design sector.

2. Description of Services

Fallow Café provides a comprehensive platform for Dutch hospitality design, including but not limited to:

  • Featured café and restaurant interior showcases
  • Design trend analysis and industry insights
  • Professional designer and studio profiles
  • Sustainability and eco-design resources
  • DIY guides and professional resources
  • Industry events and networking opportunities
  • Editorial content including articles and interviews
  • Venue submission and feature opportunities
  • Professional consultation and contact services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and without liability to you or any third party.

3. User Accounts

Account Registration

Certain features of our Services may require you to create an account. When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Professional Use

Accounts are intended for professional use by individuals and organizations within the hospitality design industry. Personal accounts for non-professional use are permitted but must comply with all Terms.

Account Security

You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

Prohibited Activities

  • • Use the Services for any illegal or unauthorized purpose
  • • Violate any applicable laws, regulations, or third-party rights
  • • Submit false, misleading, or defamatory information
  • • Impersonate any person or entity or misrepresent your affiliation
  • • Interfere with or disrupt the Services or servers/networks
  • • Upload or transmit viruses, malware, or other harmful code
  • • Scrape, crawl, or harvest content without permission
  • • Use the Services for spam, phishing, or other harmful activities
  • • Infringe upon intellectual property rights of others
  • • Attempt to gain unauthorized access to any part of the Services

We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending content, suspending or terminating the account of such violators, and reporting you to law enforcement authorities.

5. Intellectual Property Rights

Our Content

The Services and all content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layout, underlying code, and software, are owned by Fallow Café, our licensors, or other providers of such material and are protected by Dutch and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or professional purposes, subject to these Terms. This license does not include any right to:

  • Resell, redistribute, or commercially exploit the Services
  • Modify, adapt, or create derivative works based on the Services
  • Use the Services for any purpose that is unlawful or prohibited

Trademarks

"Fallow Café" and related logos are trademarks of our company. You may not use these trademarks without our prior written consent.

6. User Generated Content

Content Submission

Our Services may allow you to submit, upload, publish, or otherwise make available content such as venue submissions, comments, reviews, images, and other materials ("User Content"). By submitting User Content, you represent and warrant that:

  • You own or have the necessary rights to use and authorize us to use the User Content
  • Your User Content does not infringe upon the rights of any third party
  • Your User Content is accurate and not misleading
  • Your User Content complies with these Terms and applicable laws

License to User Content

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and our business, including for promotional purposes.

Content Moderation

We reserve the right, but have no obligation, to monitor, edit, or remove any User Content at our sole discretion, including content that we determine violates these Terms or is otherwise objectionable.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

GDPR Compliance

As a Netherlands-based platform, we comply with the General Data Protection Regulation (GDPR) and Dutch data protection laws. You have rights regarding your personal data, including access, rectification, erasure, and portability rights.

For detailed information about our data practices, please review our Privacy Policy.

8. Disclaimers

Service Availability

The Services are provided on an "as is" and "as available" basis. We make no representations or warranties that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.

Professional Advice Disclaimer

The information provided through our Services is for general informational and educational purposes only. It should not be considered as professional design advice, business advice, or recommendations for specific projects. Always consult with qualified professionals for specific design and business decisions.

Third-Party Content

Our Services may include content provided by third parties, including venue information, designer profiles, and user submissions. We do not endorse, warrant, or assume responsibility for the accuracy, quality, or reliability of third-party content.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Fallow Café, its directors, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use of or inability to use the Services
  • Any unauthorized access to or use of our servers and/or personal information
  • Any interruption or cessation of transmission to or from the Services
  • Any bugs, viruses, trojan horses, or similar harmful code
  • Any errors or omissions in any content or for any loss or damage incurred
  • Any conduct or content of any third party on the Services

Liability Cap

In no event shall our total liability to you for all damages exceed the amount of €100 (one hundred euros) or the amount you paid to us in the 12 months preceding the claim, whichever is greater.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Amsterdam, Netherlands, and you hereby consent to personal jurisdiction and venue therein.

European Union Rights

If you are a consumer resident in the European Union, you may have additional rights under applicable EU consumer protection laws, which these Terms do not limit.

11. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

12. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately.

13. Contact Information

If you have any questions about these Terms, please contact us:

Fallow Café

Email: [email protected]

Address: Amsterdam, Netherlands

Phone: +31 (0) 20 123 4567