Last Updated: January 25, 2019
Thank you for using Restaurome!
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their listings and services.
In many cities, Hosts may have to register, get a permit or obtain a license before providing certain services (such as preparing food or serving alcohol for sale). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any services they offer. Certain types of services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your listing(s) and service(s) on Restaurome, you should always seek legal guidance and contact the relevant authorities for information.
§ 1 General/applicability
By registering on our platform you agree to these general terms and conditions. If you do not agree with the general terms and conditions, you must refrain from registering.
§ 2 Parties and service content
We operate an online platform on which users can offer services (in particular food events) and other users can accept their offers. However, we only operate the technical platform for the conclusion of corresponding contracts for such services between users.
We are not brokers or other intermediaries. Therefore, a user contract including these General Terms and Conditions is concluded between the users and us only with regard to the use of the technical platform. We ourselves do not offer any services and therefore do not become a contractual partner in this respect, so that the fulfilment of contractual obligations regarding the services offered is the sole responsibility of the users. We merely establish contact between the users. The users negotiate among themselves and conclude corresponding contracts in this respect exclusively among themselves.
§ 3 Data protection
Our data protection regulations apply.
§ 4 Registration
The registration of the users takes place over our portal, whereby minors are excluded from the registration. We reserve the right to carry out a corresponding age check.
With the registration the contract with us about the use of the platform comes off.
The user is responsible for the correctness and up-to-dateness of the stored data and must also check any misuse by third parties and, if necessary, report this immediately.
Insofar as our platform is made available and downloaded as an application via the Apple Store or the Google Play Store, the further details and (if applicable, supplementary) regulations in this respect result directly from the description in the App Store.
All registered users then have the opportunity to post corresponding offers on the platform. The “Become a host” tab is located on the website and can be used to post corresponding offers. For this purpose, the user describes his offer in more detail and also provides his address, contact details as well as the corresponding category or categories and keywords. In addition, users have the option of inserting corresponding images.
As a precaution, we reserve the right to change/adapt the registration procedure and/or the technical conditions of the platform.
§ 5 Proper Use of the Platform
Users may only post content and offers that are legal from all legal points of view.
In this respect, we point out that the provision of services will generally be regarded as a public event and that users must therefore comply with the relevant regulations (in particular with regard to food law and commercial law, etc.).
With regard to any pictures posted or other legally relevant content, the user undertakes in particular not to infringe any rights of third parties in this respect.
The users are obliged to treat each other respectfully. We reserve the right to reject offers due to their content, origin or technical form according to uniform, objectively justified principles. This applies in particular if the content of the offers contravenes legal or official prohibitions or morality and if publication is unreasonable for the operators for other reasons.
We are entitled to remove offers whose contents violate legal or official prohibitions or offend common decency from the offer immediately and without prior notification. The user will be informed immediately of such a measure.
In particular, users who act in the exercise of their commercial activities and offer this to consumers via the platform are obliged to comply with all statutory provisions and in particular to provide consumer protection information in a timely and proper manner, such as, for example, to instruct consumers properly about the existence or non-existence of a statutory right of revocation.
If a user acts in the exercise of a commercial activity, he is obliged to notify us of this prior to first use.
§ 6 Reviews
The platform provides an review system for the users. Users therefore have the option of submitting ratings, whereby the submission of (a maximum of five) stars also takes place or can take place. The more stars are awarded, the better the user would like to evaluate the service. In addition, it is also possible to give evaluations in text form about corresponding experiences, etc.
Each user must ensure that only reviews based on actual experiences are submitted. At all times, the evaluations must be factual, product- and performance-related and truthful and must not contain any abusive criticism. Users may be asked by us to comment on corresponding objections from other users. We reserve the right to delete such reviews at any time if this appears objectively appropriate (e.g. due to illegal content, etc.).
§ 7 Liability of us
We are liable without limitation in accordance with the statutory provisions for damages to life, limb and health which are based on a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damages which are covered by liability under the Product Liability Act, as well as for damages which are based on intentional or grossly negligent breaches of contract and fraudulent intent by us, our legal representatives or our vicarious agents.
We shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract. The same applies if the user is entitled to claims for damages instead of performance. However, we shall only be liable insofar as the damages are typically associated with the contract and foreseeable.
Any further liability on our part is excluded; this applies in particular to tortious claims or claims for reimbursement of futile expenses instead of performance. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, co-workers, representatives or vicarious agents.
§ 8 Liability of users
The users are liable according to the general legal regulations.
§ 9 Termination, Blocking, Termination
The customer account can be terminated at any time in writing. A cancellation by fax or e-mail to our e-mail address is sufficient.
The existence of an extraordinary right of termination remains unaffected.
The regular notice period existing for us and users alike is two weeks to the end of a month.
However, we reserve the right to temporarily or permanently exclude users from the platform if our principles are violated or illegal content is posted.
As soon as a user has been blocked or the user contract has been terminated, the user may no longer use our platform and may also no longer re-register.
A termination of the user contract or the blocking of the account or similar shall have no effect on any existing contracts between the users.
§ 10 Granting of rights etc.
The user grants us a non-exclusive, temporally and locally unrestricted right of use to the posted content insofar as this is necessary for the presentation of this content within the offer. In particular, we are entitled to display and publish the content posted by the user on the online platform.
This also includes the right of reproduction, the right of distribution, the right of public reproduction as well as the right of public accessibility. The user guarantees that he is the owner of the rights necessary for the posting of content on the online platform and that he is entitled without restriction to effectively grant us the aforementioned rights. The user also guarantees that the content is free from third-party rights that could conflict with the contractual granting of rights and use.
The user guarantees that no rights, in particular no personal rights, of third parties are infringed by the contractual use of the contents within the scope of this contract. In particular, that any persons depicted agree with the contractual use of the contents. The user indemnifies us from all claims of third parties, in particular from claims due to copyright, competition, trademark, data protection and personal rights violations, which should be raised against us in connection with the use of the online platform by the user.
The user must inform us immediately of any claims by third parties that become known to him in connection with the use of the online platform.
We are entitled to take appropriate measures ourselves to defend ourselves against claims by third parties or to pursue their rights. The user must coordinate his own measures with us in advance. The indemnity also includes the reimbursement of reasonable costs incurred by us as a result of legal prosecution/defence.
We hold all rights to the online platform (in particular copyrights). The user is obliged to take this into account and undertakes not to use any parts of the platform or other content of any kind beyond the possibilities granted to him within the framework of the use of the online platform himself – privately or commercially. This means, in particular, that users will not use data and content that have become known to them via the online platform outside of communication within the framework of an existing project or the payment of a completed project. In particular, it is forbidden to use such information for advertising, unsolicited e-mails or for other improper purposes.
§ 11 Final provisions, applicable law, place of jurisdiction
These provisions shall remain binding in their remaining parts even if one or more provisions are invalid. Ineffective provisions shall be replaced by provisions which come closest to the meaning and purpose of the ineffective provision in a legally effective manner.
The relations between the contracting parties shall be governed exclusively by the law applicable in the Federal Republic of Germany.
Exclusive place of jurisdiction for deliveries and payments as well as all disputes arising between us and users from contracts concluded between the parties shall be our registered office, insofar as the user is a merchant, a legal entity under public law or a special fund under public law.