general Terms & Conditions
PART A – GENERAL PROVISIONS
A.1. Subject matter of the contract and functioning SO’USE
A.1.1. The operator of the SO’USE system and your contractual partner for the use of the systems is Horeca Digital System GmbH, Thomasiusstr. 21, 04109 Leipzig, Germany, registered in the Commercial Register of the Local Court of Leipzig under HRB 35470 (“SO’USE”, “we”).
A.1.3. The SO’USE brand stands for an innovative ordering concept that offers people an attractive alternative to conventional ordering processes. Users can use the web application to place orders in our customers’ catering establishments and pay online.
A.1.4. The use of catering services requires the conclusion of a catering agreement (“catering agreement”). The provider of these services and your contractual partner is the catering establishment whose catering services you order via our platform (“Catering Establishment”).
A.1.5. Through the web application you can view, order and pay for gastronomic services provided by restaurateurs. These services within our web application are provided free of charge and are hereinafter referred to as “web application”.
A.1.6. Web application and catering services are different, independent services provided by different contractual partners. The web application and the other services provided by SO’USE are hereinafter jointly referred to as SO’USE Services.
A.1.7. SO’USE and/or the Caterer are entitled, at their sole discretion, to modify and/or discontinue the SO’USE Services with effect for the future (i.e. not with respect to an order already placed) at any time and without individual notification. Information about a discontinuation of the SO’USE services will be provided in good time in the web application and/or via the homepage www.so-use.de .
A.2. Other general regulations
A.2.1. SO’USE is entitled to adapt these terms and conditions for the future, as long as the changes are reasonable for you. We will inform you of the changes in good time before they take effect by means of a notification via e-mail and/or notification in the web application. Any changes shall be deemed approved if you do not object to them in text form (e.g. by e-mail) within one month after notification. We will inform you of this consequence in the notification. Orders already placed are excluded from such changes.
A.2.2. Should any provision of these GTC be invalid or void, the validity of the remaining provisions shall remain unaffected.
A.2.3. These GTC and the legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
A.2.4. You are advised that SO’USE and/or restaurateurs cooperating with us will not participate in dispute resolution procedures before a consumer dispute resolution body.
A.2.5. The European Commission has established a European Online Dispute Resolution Platform at http://ec.europa.eu/consumers/odr/. Consumers can use the online dispute resolution platform for the out-of-court settlement of disputes arising from purchase or service contracts concluded online.
A.2.6. In the event of contradictions between the German and the English version of these GTCs, only the German version shall prevail.
B.1. Subject matter of the contract, contractual partner web application, reservation of performance
B.1.1. Through the web application you can view, order and pay for gastronomic services of gastronomers cooperating with us. The use of the web application is free of charge. Horeca Digital System GmbH is your contractual partner for the use of the “SO’USE” web application.
B.1.3. You are not entitled to a permanent and/or trouble-free availability of the web application. A certain availability of the web application is not guaranteed. This includes in particular the question on which operating systems and/or types of terminal devices the Web Application is available.
B.1.4. From time to time, the Web Application may be temporarily unavailable, particularly in the event of maintenance work, security problems or capacity overruns.
B.2. Use of the web application
B.2.1. SO’USE provides you with the web application free of charge. To use the web application, you need an Internet-capable mobile device.
B.2.2. Access and connection to the Internet is not the subject of this agreement. Separate costs may be charged to your Internet service provider for this.
B.2.3. The use of the order and payment function within the web application always requires the entry of your e-mail address. In the case of an out-of-house order, we also require your name, address and optionally your telephone number.
B.2.4. Before using the web application, you must agree to the validity of these terms and conditions. By accepting these GTC, SO’USE and you shall enter into a user agreement for the use of the web application (“User Agreement”). The services provided under the App Usage Agreement are free of charge.
B.2.5. Our declaration to conclude a user agreement within the scope of use pursuant to clause B.2.4. is only directed at persons of full age and full legal capacity; i.e. only persons of full age and full legal capacity are entitled to use the Web Application.
B.2.6. You are solely responsible for the accuracy, quality, integrity and legality of the data and content you submit. SO’USE is not responsible to verify the data or content you submit.
B.3. Use of the web application for ordering gastronomic services
B.3.1. If you would like to order catering services from a restaurateur via the Web application, you must always place a separate order or conclude a purchase agreement (Part C.).
B.3.2. The catering services are shown in the web application as being subject to payment. Your order will be placed according to the selection of the gastronomic services you wish to order by means of a final confirmation of the total order.
B.4. Granting of rights, use of the web application, legal consequences in case of violation
B.4.1. You receive the free, simple, non-transferable right to use the web application on your end device.
B.4.2. You may only use the web application for your own private purposes. Commercial redistribution of the web application or any other SO’USE service is not permitted. You are not allowed to circumvent the technical access requirements and/or security measures of the web application.
B.4.3. The editing, reproduction, public display or any other form of use of the content and functioning of the Web application for commercial purposes is prohibited without the prior consent of SO’USE.
B.4.4. You are obliged to comply with the applicable legal provisions when using the Web Application. You are solely responsible for ensuring that you do not infringe the rights of third parties when using the Web Application and that the data and information you submit is lawful.
B.4.5. You are prohibited from (i) providing incorrect information when placing orders via the Web Application, (ii) using the Web Application to store or transmit illegal, infringing, harmful to minors, offensive or otherwise illegal or unlawful content, or to store or transmit content in violation of data protection regulations, industrial property rights, (iii) use the Web Application to store or transmit malicious code, (iv) interfere with the integrity or performance of the Web Application and/or any third party data contained therein and/or (v) attempt to gain unauthorized access to the Web Application and/or any related systems or data, and/or (vi) use the Web Application for any purpose other than that for which it is intended. networks.
B.4.6. In the event of (i) an imminent or actual breach by you of any of your obligations under B.4.4. and/or B.4.5., (ii) a not obviously unfounded allegation of such a breach by third parties and/or (iii) in the event of any not obviously unfounded claims of third parties against SO’USE for failure to provide the web application in whole or in part, we shall be entitled, taking into account your legitimate interests as well, to temporarily suspend your access to the web application and all other SO’USE services in whole or in part with immediate effect. We will inform you about this measure immediately.
B.4.7. You are prohibited from obtaining and/or using credits, vouchers, discounts or advertising measures of any kind in an abusive manner; the obtaining or use is abusive in particular if the respective terms and conditions of the promotion are circumvented, recognizable technical errors are exploited or false facts are presented and thereby the credit of credits is obtained.
B.4.8. If you violate your obligations under the license agreement including these Terms and Conditions, in particular by breaching your obligations according to section B.4.2., B.4.4. and/or B.4.5., B.4.7., SO’USE shall be entitled, without prejudice to its legal rights, to (i) send you a warning, giving you the opportunity to discontinue any remaining misconduct, (ii) temporarily block you from accessing the web application or other services of SO’USE, and/or (iii) terminate the license agreement extraordinarily. The same shall apply in the event that SO’USE has any other legitimate interest in the aforementioned measures, in particular to protect SO’USE, a restaurateur cooperating with us, or other users from fraudulent activities.
In principle, SO’USE will first warn you and give you the opportunity to discontinue any existing misconduct (clause B.4.8. (i)) before taking further action according to clause B.4.8. (ii) or (iii).
B.4.9. The application of the above measures shall be at the reasonable discretion of SO’USE. SO’USE will, however, take your legitimate interests into account as appropriate. In particular, SO’USE will take into account the extent to which you are to be blamed for a possible violation when weighing up the interests of both parties.
B.4.10. If the contract with you has been extraordinarily terminated or you have been temporarily excluded from using the SO’USE services, you are not entitled to continue using the SO’USE services with another e-mail address or another name.
B.5. Administration of payment data in the web application
B.5.1. You are obligated to report any abuse and/or suspicion of abuse of your data and/or the payment function of the web application to us immediately. If we suspect that your data and/or the payment function of the Web Application has been misused or there is a risk of misuse, we may block the use of the Web Application using your data. We will inform you by e-mail in case of a blockage.
B.5.2. In addition to your statutory liability obligations and the liability pursuant to Section B.4, you shall be liable for the damage that occurs if you culpably violate the above duties of care. You do not have to bear any damages after the blocking of your user data that result from the use of the blocked user data.
B.6. Liability for the use of the web application
B.6.1. SO’USE’s liability in connection with the provision of the web application shall be governed by the statutory provisions. Accordingly, SO’USE shall only be liable for intent and gross negligence.
B.6.2. SO’USE shall be liable without limitation for any damage you may suffer as a result of intent or gross negligence by SO’USE, including our employees and vicarious agents, organs and/or legal representatives.
B.6.3. In case of slight negligence, SO’USE, including its employees and vicarious agents, organs and/or legal representatives, shall be liable, if necessary, for the breach of an essential contractual obligation and only for foreseeable and contract-typical damages. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and obligations on whose compliance you may regularly rely.
B.6.4. The limitations of liability shall not apply where guarantees have been given and for injuries to life, limb and health. Liability under the Product Liability Act shall remain unaffected.
B.7. Term and termination of the user contract
You may terminate the user agreement at any time and SO’USE may terminate it with two weeks’ notice. A simple notification in text form (e.g. by e-mail) is sufficient for this purpose.
PART C – CONDITIONS FOR ORDERING CATERING SERVICES
C.1. Conclusion of the consulting contract with a gastronomer cooperating with us
C.1.1. The ordering of gastronomic services is done with your data through the web application. The offer to order gastronomic services is subject to the express reservation that the requested gastronomic service is available and that you wish to use the service within the current business hours of the gastronomer. Outside of the business area or the current business hours an order is therefore not possible.
C.1.2. You can add any surcharges for tips at your own discretion via the web application. The total sum of the price for the gastronomic services and tips will be displayed to you before the order and finally authorized by you.
C.1.3. The hospitality contract between you and the restaurateur is concluded after the selection of the gastronomic services and your order confirmation in the web application. Payment shall only be made after the catering service has been provided to you.
C.1.3. We will inform you in a suitable way (e.g. in our booking confirmation or invoice) of the identity and address of the restaurateur who will provide your catering service.
C.1.4. Any input errors can be corrected before booking. After the booking you can no longer cancel your order within the web application. To do so, please contact the restaurateur directly, who may cancel or modify the order at his own discretion. There is no right of withdrawal for the order of the gastronomic services according to the legal regulations.
C.2. Orders for other persons, use by minors
C.2.1. You can also order the catering service you have requested (only) for third parties. You must pay the purchase price for all persons for whom you order with your user data within the scope of the order.
C.2.2. You must inform all persons for whom you place an order of these terms and conditions at the latest when placing the order. You are the contact person for all claims against these persons. You are obliged to provide the names and addresses of these persons on request so that claims can be enforced against them.
C.2.3. You may place an order for a minor as a parent or with the consent of a parent or guardian. You shall ensure that a minor is supervised to the necessary extent and that the protection of minors is guaranteed with regard to the consumption of the catering services, especially with regard to the consumption of alcohol. On the part of the gastronomer, no duty of supervision is expressly assumed towards the minor.
C.3. Payment for gastronomic services
C.3.1. All payment claims of the restaurateur against you based on the order of a gastronomic service are due immediately.
C.3.2. You shall pay for the catering services and any other fees owed from or in connection with the use of catering services (e.g. refund claims, claims for damages) via the Web Application; a payment service provider shall handle the processing of your payment to the caterer.
C.3.3. You can use different payment means or payment services in the Web Application.
C.3.4. If you use the payment function to settle outstanding payments for the order of a catering service, your payment account will be debited with the amount due using the means of payment you have selected.
C.3.5. Refunds will always be made to the payment account with which you made the original payment to the restaurateur.
C.3.6. When using payment services of third parties, the terms and conditions of the respective provider may apply in addition to these GTC. You may first have to open a user account with a third party in order to use these payment services. We are not responsible for these payment services and do not offer them ourselves.
C.3.7. Additional charges may apply to the use of third-party payment services. The payment service provider shall inform you of these charges. This shall not affect the obligation to provide you with a standard and reasonable payment option free of charge in accordance with Section 312a (4) BGB.
C.4. Catering services, operational disturbances
C.4.1. An obligation to provide catering services exists only if you have ordered such services for a fee and fulfilment is not prevented by circumstances unforeseeable by the proprietor and for which the proprietor is not responsible, and the proprietor cannot avert or remedy such circumstances by reasonable expenditure, such as force majeure.
C.4.2. It is not possible to exchange or refund gastronomic services. Only in cases of particular hardship and for reasons of fairness may the restaurant operator allow the exchange or refund of catering services. Your legal rights remain unaffected.
C.4.3. If an order is not or not fully feasible, for example due to technical or operational problems or because a catering service is no longer available (“incorrect order”), you will be informed immediately by the restaurateur (e.g. by SMS, cell phone or e-mail). The purchase price will be refunded in this case. You can then place a new order via the web application.
C.5. Liability for catering services, liability of the user
C.5.1. If you incur damage as a result of intent or gross negligence on the part of the Restaurant, including its employees, organs and/or legal representatives, in connection with the use of catering services, the Restaurant shall be liable for such damage without limitation.
C.5.2. In the event of slight negligence, the Catering Establishment, including its employees, organs and/or legal representatives, shall only be liable in the event of a breach of a material contractual obligation and the amount of liability shall be limited to the damage foreseeable and typical for the contract at the time of conclusion of the contract. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract, whose breach endangers the achievement of the purpose of the contract and obligations on whose fulfilment you may regularly rely.
C.5.3. Otherwise, the restaurateur shall not be liable.
C.5.4. The limitations of liability regulated in C.5.2. and C.5.3. shall not apply to the extent that guarantees have been given and for injuries to life, body and health. Liability under the Product Liability Act shall remain unaffected.
C.5.6. Within the framework of the use of the catering services, you shall be liable for any damage culpably caused by you to a restaurateur or third party.