General Terms and Conditions for Premium Customers (TOS)
General Terms and Conditions for Premium Customers for Foodlocator.menu
Restaurants have the opportunity to become customers of foodlocator.menu. Depending on the type of package you choose, you can use various services. The present General Terms and Conditions (GTC) for Premium Customers shall apply, whereby the service description under foodlocator.menu/for-companies/ is part of this contract.
For the provision of free services for users who require registration, the General Terms and Conditions (GTC) for registered users apply exclusively. These can be accessed at foodlocator.menu/page/terms-en.
(1) The following contract governs the relationship between foodlocator.menu and the authorised users named below regarding current and future service packages offered by foodlocator.menu (hereinafter referred to as Premium Packages). Conflicting terms and conditions of the authorized users are invalid, even if foodlocator.menu does not expressly contradict their validity and carries out the contract.
(2) Other offers from foodlocator.menu are not subject to these terms and conditions.
2. Authorised user
(1) A Premium Package can only be booked by catering professionals (restaurants, delivery services, bistros, bars, fast food, gourmet, snack bars, canteens, pizzerias, steakhouses, sushi restaurants) and corresponding facilities or corresponding professionals and facilities maintained by such professionals (hereinafter referred to as Premium Customers). Other persons or service providers are excluded from registering for a Premium Package.
(2) By registering with foodlocator.menu, Premium Customers confirm that they belong to the group of persons entitled to use foodlocator.menu in accordance with Section 2, Paragraph 1.
(3) The person who registers a Retaurant or corresponding facilities for a Premium Membership has to name himself as contact person within the scope of the registration.
(4) The contact person undertakes to register a gastronomy, restaurant or corresponding facility only if
the catering activity, restaurant or similar facility belongs to the circle of authorised facilities,
the contact person himself belongs to the group of persons authorized to use the facility, and
the contact person has been authorised by the management of the institution to register.
(5) Premium customers or their contact persons undertake to provide correct and complete information on the data requested during registration and, in particular, not to infringe any third-party rights. An infringement of the rights of third parties is given, among other things, if personal information or other data of third parties are used without their consent, e.g. the name or e-mail address. In the event of a change to the data, the named persons shall also undertake to process the data immediately in the profile under profile foodlocator.menu. Foodlocator.menu shall be entitled at any time to demand proof of the existence of the prerequisites and the correctness of the data.
3. Conclusion of contract
A Premium Package can be booked in writing, by telephone or online. In the case of an online booking on the website foodlocator.menu, the Premium Customer makes an offer to conclude this contract by completing the registration form for the respective Premium Package, accepting these GTC and the data protection information and sending it to foodlocator.menu by clicking on the "Book" button. The contract is only concluded when foodlocator.menu confirms the registration or by providing the services. This happens regularly when foodlocator.menu sends the access data for the premium membership to the premium customer after receipt of payment and thus confirms the conclusion of the contract.
4.Subject matter Premium Packages
(1) The subject of this contract is a premium membership at foodlocator.menu. The scope and cost of the Premium Membership depends on the selected Premium Package.
(2) foodlocator.menu offers several premium packages. The scope of the services offered within the framework of the various Premium Packages is determined by the service description at the time the contract is concluded.
(3) The service description for the various premium packages can be found at foodlocator.menu/for-companies. The service description at the time of the conclusion of the contract is part of this contract. More detailed information on the services offered can be found in the table and by the customer moving his mouse pointer over the preceding information buttons.
(4) The free premium package "Basic Access" is granted exclusively within the scope of the technical, operational and financial possibilities of foodlocator.menu. There is no entitlement to the provision of certain free services.
5. Service changes
(1) foodlocator.menu is free to design, modify and adapt the content of the individual premium packages as long as the scope and content of the respective package is retained in accordance with its character.
(2) Beyond paragraph 2, foodlocator.menu reserves the right to modify or adapt the content of individual premium packages or options if this is necessary for technical reasons, e.g. if Google has changed the function of its search engine, or for business reasons, e.g. if there is no cooperation with an external cooperation partner.
6. Prices, payment and tariff changes
(1) foodlocator.menu charges the premium customers of chargeable premium packages and chargeable options the prices quoted when sending the contract offer as remuneration for the services rendered. Foodlocator.menu creates an invoice for this. In the case of Premium Packages, which are subject to a charge, the invoice will be issued annually in advance. The invoice is immediately due for payment without deduction upon receipt by the premium customer. The amount stated therein is to be transferred to the account stated in the invoice. Any account management fees that may be incurred shall be borne by the Premium Customer.
(2) All prices are exclusive of value added tax at the statutory rate applicable at the time.
(3) If the Premium Customer is in default with the payment of fee-based services of foodlocator.menu, foodlocator.menu has the right to refuse the performance of services due to the Premium Customer - in particular to temporarily block the information provided and the linking to the websites of the Premium Customer - until the default has been rectified. foodlocator.menu will in such cases notify the Premium Customer in writing of the suspension with a regular 20-working day notice period to rectify the default. The other statutory and contractual rights of foodlocator.menu due to default in payment by the premium customer shall remain unaffected by the refusal to perform.
(4) foodlocator.menu has the right, by written notification to the premium customer with a notice period of one month to the end of the quarter, to adjust the costs to changed circumstances (rate change). If the premium customer does not wish to continue the contract at the changed rate, he has the right to terminate it in writing at the time of the rate change.
7. Area of responsibility of foodlocator.menu, performance disturbances
(1) foodlocator.menu offers its services on the basis of the current state of the Internet and the current technical, legal and commercial framework for data traffic on the Internet. The premium customer is aware that the quality of data traffic on the Internet depends on these general conditions and other circumstances - e.g. the conditions on downstream data lines - over which foodlocator.menu has no influence and bears no responsibility.
(2) Disturbances to the quality of data traffic on the Internet which, in accordance with paragraph 1, lie outside the area of responsibility of foodlocator.menu, shall not affect foodlocator.menu's entitlement to remuneration. If such disruptions result in foodlocator.menu not being able to provide the Premium Customer with the services offered, or not being able to provide them in full, for a significant period of time, the Premium Customer shall have the right to terminate the contract extraordinarily at the end of any calendar month with a notice period of one week. The termination must be in writing in order to be effective. Further rights of the Premium Customer are excluded.
(3) If foodlocator.menu does not provide its services in accordance with the contract or does not provide them in accordance with the contract in cases other than those mentioned in paragraph 2, the premium customer shall be responsible for notifying foodlocator.menu of this in writing. If foodlocator.menu does not provide its services properly after a reasonable period of time has elapsed following a justified complaint, the Premium Customer shall be entitled to reduce the current payments for services for the period and to the extent that foodlocator.menu has not provided these services in accordance with the contract after receipt of the written complaint. In addition, the Premium Customer shall have the right to terminate the contract extraordinarily by observing the written form. The extraordinary termination presupposes that the premium customer has granted foodlocator.menu a grace period of at least one week in writing for the provision of services in accordance with the contract and that this grace period has expired fruitlessly. Clause 17 shall apply to damages or reimbursement of futile expenses.
(4) If, on the other hand, breaches by the Premium Customer of the following obligations and responsibilities or other duties and obligations of cooperation lead to foodlocator.menu not being able to perform its services, not being able to perform them in full or not being able to perform them in time, the Premium Customer may not derive any rights against foodlocator.menu from this; in particular, foodlocator.menu's claim to remuneration remains unaffected.
8. Obligations of the customer
(1) It is the responsibility of the premium customer to create and maintain the necessary technical infrastructure (hardware, software, telecommunications, internal network, own website) for participation in the Internet up to the offer provided by foodlocator.menu at his own expense. This responsibility also refers to any links to other websites as well as information, images and videos of the premium customer.
(2) It is the responsibility of the premium customer to design and set up his own information offer for the Internet properly, insofar as this is referred to in the extended profile at foodlocator.menu. Furthermore, he is obliged to ensure that the respective professional and/or professional law is observed. This also applies to the integration of so-called badges or seals, which foodlocator.menu provides for the customer.
(3) The premium customer ensures that the IT infrastructure belonging to his sphere is adequately protected by professional IT security measures.
(4) Premium customers undertake not to pass on their access data to third parties and to keep them protected from access by third parties, unless this is done to support the services of foodlocator.menu . In this case, the access data may in particular be passed on to practice employees or media service providers. The premium customer shall be liable to foodlocator.menu for the conduct of the practice staff, media service providers, etc. as well as for his own conduct.
(5) Irrespective of this, premium customers undertake to inform foodlocator.menu immediately as soon as they become aware that their access data is being used by unauthorised third parties. foodlocator.menu is entitled to block access to the services under foodlocator.menu if there are reasonable grounds to suspect that the access data is being used by unauthorised third parties. Premium customers are informed of this and are assigned new access data unless they themselves have consciously contributed to the misuse. In addition, the access data can be changed at any time under "my foodlocator.menu - customer area" in the section "my data" and this should also be done from time to time for security reasons.
(6) Premium customers undertake to use the services provided only within the scope of their intended purpose. They shall ensure that the use of the services does not compromise proper operation and does not impair other providers, users or networks. When using the services on foodlocator.menu, Premium Customers may therefore not send or store on a foodlocator.menu data carrier any data of a nature or nature, size or number that could impair the functioning of the foodlocator.menu computer systems or those of third parties or violate the rights of third parties (e.g. viruses, spam emails, etc.). Premium customers are also obligated to refrain from an excessive load of the portal by an undirected or improper use.
(7) The use of a Premium Membership for reading, storing or passing on personal data of other users for purposes other than the intended use of the offer is prohibited. Premium customers must treat any information they become aware of about other users as well as communication content confidentially.
(8) In order to avoid loss of data, backup copies of all content that Premium Customers publish, make accessible or receive on foodlocator.menu must be stored on their own computer systems.
9. Contents of the customer
(1) Insofar as Premium Customers post content (e.g. profile pictures) via the services offered by foodlocator.menu, they agree to the storage, publication or making publicly accessible of their content within the scope of the offer under foodlocator.menu, in mobile offers (apps) of foodlocator.menu or with cooperation partners of foodlocator.menu.
(2) A claim for deletion of the contents by foodlocator.menu does not exist in principle. The consent pursuant to paragraph 1 shall be valid for an unlimited period of time unless premium customers can prove to speisekarte.menu that there are circumstances which make it unreasonable for them to retrieve content in the future (e.g. due to serious professional disadvantages). In addition, content posted by Premium Customers may also be partially deleted or changed by the Premium Customers themselves (e.g. the data of the extended profile).
(3) For the Expert Advisor, the separate provisions in Section 14 shall apply in this respect.
10. Responsibility of the customer
(1) Within and via the services offered by foodlocator.menu, premium customers can publish content and make it accessible to others (e.g. extended profile information). The responsibility for such content published and disseminated by Premium Customers lies exclusively with them. Premium customers undertake not to violate any applicable statutory provisions when using the services. Premium customers ensure in particular that the content published and disseminated by them does not infringe the rights of third parties (e.g. copyrights, trademark rights or personal rights) and that personal data of third parties are collected, processed or used by them within the scope of the use of the services only within the framework of the relevant data protection regulations; the integration of copyrighted content (e.g. texts) is expressly inadmissible if Premium customers have not been granted the necessary rights of use by the rights holders for this purpose. In addition, premium customers ensure that, in particular, they do not publish or make accessible any content prohibited under the Criminal Code, such as insults and other defamatory statements.
(2) Premium customers can link external content via the services. The links may not refer to content that violates applicable legal regulations; paragraph 1 applies accordingly. Premium customers carefully check contents which are directly referred to by external links as well as subsequent contents if the directly linked contents give reason to suspect that subsequent contents may violate applicable statutory provisions.
(3) If premium customers also wish to provide information about third parties, for example their practice team, they must ensure that the persons concerned agree to the publication of such information and, in particular, give their consent under data protection law and consent to the use of photos depicting such persons. foodlocator.menu is entitled at any time to demand appropriate proof of this.
(4) For the Expert Advisor, the provisions in Section 14 shall apply in this respect.
11. Consequences of breaches of duty / claim for exemption
(1) In the event of violations of the obligations set out in sections 2, 11, 13 and 15, foodlocator.menu is entitled - depending on the violation - to block the Premium Customer's access to foodlocator.menu, to block or delete content on the foodlocator.menu servers (in particular data of the extended profile or the Expert Advisor), to deactivate accounts or to delete them immediately in the event of obviously abusive registration or use, and to take other appropriate measures to protect against such violations. The same applies in the event that there is sufficient suspicion of such violations, as long as and to the extent that the responsible premium customer has not proven the legality of the content or conduct complained of. The right to terminate the contractual relationship without notice in these cases shall be determined in accordance with Section 21.
(2) As a responsible member, you agree to indemnify foodlocator.menu against all claims made by third parties against foodlocator.menu goods in connection with breaches of Section 2 (4) to (5), Section 11 and Section 13, as well as all resulting costs of this, including reasonable legal defense costs. You will also be required to support foodlocator.menu in its defense of the aforementioned statements by making statements, in particular wealth statements, and providing other information and making sure that third party complaints are directly against you. All other the rights of foodlocator.menu remain unaffected.
(1) The liability of foodlocator.menu for damages caused by it, its legal representatives or its respective vicarious agents - subject to paragraph 2 - shall be limited as follows, irrespective of the legal basis:
In the event of a slightly negligent breach of a material contractual obligation ("cardinal obligation"), foodlocator.menu's liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract. "Cardinal obligations" are such obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which a party to the contract may regularly rely;
foodlocator.menu shall not be liable for the slightly negligent breach of non-essential obligations arising from the contractual obligation.
(2) The aforementioned limitations of liability shall not apply in cases of gross negligence or wilful intent or in cases of mandatory statutory liability, in particular in the event of assumption of a guarantee or culpable injury to life, limb or health.
(3) Insofar as foodlocator.menu is liable for data loss in accordance with paragraphs 1 and 2, this liability - except in cases of intent and gross negligence - is limited to the loss of such data that the premium customer has secured in a manner customary in the trade (at least once a day) in such a way that he can reproduce it with justifiable effort. The objection of contributory negligence shall always remain admissible. With regard to the avoidance of damage from loss of data, reference is made to the obligation to secure data in accordance with Clause 11 paragraph 8.
13. Rights of foodlocator.menu and premium customers
(1) The rights (in particular copyrights, trademark rights and trademark rights) for published content, content created by foodlocator.menu or its employees themselves, content created on foodlocator.menu or included in the mobile offers (apps) of foodlocator.menu or content owned by foodlocator.menu shall remain solely with foodlocator.menu. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the foodlocator.menu agreement. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the agreement of foodlocator.menu.
(2) The contents posted by premium customers on foodlocator.menu are protected by copyright in accordance with the statutory provisions. The use of such content (e.g. profile pictures) in other electronic or printed publications or in the context of public reproduction by other premium customers is not permitted without the express consent of the respective premium customer.
(1) Premium customers and foodlocator.menu undertake to maintain secrecy vis-à-vis third parties regarding the business secrets entrusted to them, made accessible or otherwise made known to them by the other party and not to exploit such business secrets themselves. This obligation applies in particular to all business, operational, organizational and technical information and knowledge that is only accessible to a limited circle of persons, is designated as "confidential" or is to be treated as confidential in good faith in view of the consequences of a possible disclosure. This obligation shall not apply to information which (a) was demonstrably already known to the recipient at the time of conclusion of this contract or subsequently becomes known by third parties without thereby violating a confidentiality agreement, statutory regulations or official orders; (b) is publicly known at the time of conclusion of the contract or subsequently made publicly known insofar as this is not based on a violation of this contract; (c) must be disclosed by virtue of statutory obligations or by order of a court or an authority. To the extent permissible and possible, the recipient subject to the disclosure obligation shall give prior notice to the other party and the opportunity to take action against the disclosure.
(2) Both parties to the contract are obliged to agree corresponding confidentiality obligations with their employees and/or vicarious agents and other third parties involved in the execution of the contract.
15. Data protection
The data protection regulations result from the separate data protection notices, which can be called up under foodlocator.menu/page/privacy-policy-en.
16. Contract term / Termination
(1) This contract has a term of 12 months and is automatically renewed for another 12 months unless either the premium customer or foodlocator.menu cancels the contract four weeks before the end of the contract period. In addition, the contract with a premium customer ends without termination in the event of a deletion of the member account in accordance with section 16 paragraph 2. The termination regulations for the option "Top Placement Specialties" in section 5 paragraph 4 - paragraph 5 and for the change in performance in section 8 paragraph 2 remain unaffected.
(2) The right to termination without notice for good cause remains unaffected. Good cause shall be considered in particular:
a breach of the obligations of the premium customer under paragraphs 2, 11, 13 and 15 or the manipulation of ratings, such as the submission of a rating of the premium customer or on his behalf to himself (so-called fake rating),
the breach of an essential contractual obligation by a contracting party, unless this is cured within two weeks after receipt of a written notification.
(3) Notice of termination must be given in writing in accordance with § 126 (1) BGB. The written form shall also be maintained by fax (the form of the email is not sufficient).
(4) The extraordinary right of termination shall also remain in force if one or both contracting parties do not make use of it once or several times despite the existence of a corresponding reason.
17. Evidence clause and burden of proof
(1) Data stored in electronic registers or otherwise in electronic form at foodlocator.menu shall be deemed admissible evidence for the proof of data transmissions, contracts and executed payments between the parties.
(2) If the premium customer claims that his identity has been misused when concluding the contract, he will immediately submit all facts and circumstantial evidence available to him in this regard to foodlocator.menu. In the event of a breach of this obligation and insofar as there is sufficient evidence for action by the Premium Customer and not a third party, the Premium Customer shall bear the burden of proof that the identity has been misused.
18. Amendment of these General Terms and Conditions
(1) foodlocator.menu reserves the right to change these general terms and conditions at any time and without giving reasons. The new general terms and conditions will be sent to the premium customer by e-mail. They shall be deemed agreed if the Premium Customer has not objected to their validity within 14 days of receipt of the e-mail. The objection must be in text form (e.g. by email). Premium customers will be informed separately in the e-mail about the possibility of objection, the deadline and the consequences of inaction. In the event of an objection, each party has the right to terminate this contract.
(2) However, the possibility of amending these General Terms and Conditions pursuant to paragraph 1 shall not apply to amendments that restrict the content and scope of the core usage options of the Premium Contract to the disadvantage of the Premium Customer, nor to the introduction of new obligations for the Premium Customer not previously contained in these General Terms and Conditions or the law.
19. Concluding provisions
(1) The law of the Federal Republic of Germany applies exclusively with the exception of international private law and the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction for all claims and disputes arising from and in connection with this contract is Kempten.
(3) Premium customers may not offset or exercise any rights of retention against foodlocator.menu's claims, unless these are undisputed or legally established claims of the premium customer.
(4) Should any of the provisions of this contract be or become invalid, this shall not affect the validity of the remainder of the contract.