Terms of Use

1. Scope of the terms of use

1. The following terms of use apply to Qrunch offer (hereinafter referred to as the “Platform”), which is accessible on the Internet at https://www.qrunch.eu. This is a platform on which users can create profiles.
2. The following terms and conditions governs Members access to and use of our Platform, including any content, functionality and services offered on or through Platform.
3. You can look up and print out the currently valid terms of use at https://www.qrunch.eu/terms.

Please read the Terms of Use carefully before Members start to use the Platform. By using the Platform, Members accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If Members do not want to agree to these Terms of Use or the Privacy Policy, Members must not access or use the Platform.

2. Use of Our Services

Platform enables transactions between participant restaurants/hotels/merchants dealing in prepared food, beverages, tours, taxis, laundry and purchasing merchandise, etc (“Services“) and guests. The end-users (“Guest(s)“) can choose and place orders (“Orders“) from a variety of products listed and offered for sale by various merchants including but not limited to the restaurants and hotels (“Merchant/s“) through the Platform without any physical menu or waiter taking the order. Guest and Merchant may collectively be called as “Members”.

All commercial/contractual terms are offered by and agreed to between Guests and Merchants alone. The commercial/contractual terms include without limitation price, taxes, payment methods, payment terms, date, period and mode of delivery and warranties related to products and services. Platform does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Guests and Merchants.

Platform does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. Guests are advised to independently verify the bona fides of any particular Merchant and use their best judgment on that behalf. All Merchant offers and third party offers are subject to respective party terms and conditions. Platform takes no responsibility for such offers.

Platform is not responsible for any non-performance or breach of any contract entered into between Guests and Merchants through the Platform. Platform cannot and does not guarantee that the concerned Guests and/or Merchants will perform any transaction concluded on the Platform. Platform is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Platform is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Guest and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall Platform hold any right, title or interest over the products nor shall Platform have any obligations or liabilities in respect of such contract entered into between Guest and Merchant.

Platform is only providing a platform for communication and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Guest. In case of complaints from the Guest pertaining to food efficacy, quality, or any other issues with any item ordered or purchased, Guest shall communicate the same to the Merchant. The Merchant shall be liable for redressing Guest complaints.

Guest also acknowledge and agree that they are Guest(s) of the Platform only and that they are not Platform employees, joint venturers, partners, or agents whatsoever. Platform does not have the right to control and does not control Guest, or the relationships between them or the subject matter of such relationships.

3. Modification or Changes to the Terms of Use

We are continually changing and improving the Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or the entire Platform with or without notice to Members. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Platform, Fees (defined below) or any other aspect of the relationship between Platform and Members. Members should look at the Terms regularly.

As long as Members comply with these Terms of Use, Platform grants Members a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform.

4. Conclusion of contract and user account

To access Our services, Guests will either enter the URL of the merchant or scan the QR Code. As a Guest, Members represent and warrant that Members are over the age of thirteen (13) years and are capable of entering into legally binding agreements in the relevant jurisdiction(s).

Merchant must create a password-protected account (“Account”). Merchant may register for an Account using email and creating a password. Merchant agrees to provide accurate, current and complete information during the Account registration process and at all other times when Merchant uses the Platform, and to continually update information sufficient to keep it accurate, current and complete. Merchant is solely responsible for safeguarding their Account password and Merchant is solely responsible for all activity that occurs on or through their Account and needs to immediately inform Platform of any suspected unauthorized use. Platform is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of the Account. Notwithstanding the foregoing, Merchant may, however, be liable or responsible to Platform or third parties due to unauthorized use of their Account.

1. By completing the online registration process and creating a profile, a usage contract is concluded with the operator. The subject of the usage contract is the free use of the profile.
2. A user account must be created to create a profile. This consists of a user name and a password ("log-in data").
3. The creation of a user account is only possible if the current email address of the user is specified. This email address is also used for communication with the operator.
4. The user assures that the data used in creating his profile (“profile data”) is correct and complete. However, the use of pseudonyms is permitted.
5. The contract language is exclusively English.
6. Any communication between the user and other users creates any contractual relationships exclusively between the users involved. The operator is neither a representative nor a contractual partner.

5. Use of the profile

1. When using the profile, the Guest can use various services:
   • The user has the option to search for meals using text search.
   • The user has the option to search for meals using image upload.
   • The user has the option of creating their own profile.
   • The user has the option of add meals to their favorites.
2. The user has the following functions:
   • Search of meals
   • Add meals to favourites
   • Organize favourites
3. The Platform is entitled at any time to block access to individual content, e.g. if there is a suspicion that this violates applicable law or the rights of third parties. The user has no right to maintain individual functionalities of the Platform.
4. The operator endeavours to ensure trouble-free operation of the Platform. Naturally, this is limited to services over which the operator has an influence. The operator is free to restrict access to the Platform in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns and other events that are not within his sphere of control.

6. Cancellations and Refunds

Cancellation and refund are done manually by the Merchant as per their internal policy.

Merchant reserves the right to charge Guest cancellation fee for the orders constrained to be cancelled by Platform for reasons not attributable to Merchant, including but not limited to:

1. in the event if the address provided by Members is either wrong or falls outside the delivery zone;
2. failure to contact Members by phone or email at the time of delivering the order booking;
3. failure to deliver Guest order due to lack of information, direction or authorization from Members at the time of delivery;
4. unavailability of all the items ordered by Members at the time of booking the order;

7. Rights and Obligations of Platform

Platform will attempt to continuously innovate in order to provide the best possible services to its Guest(s). Members acknowledge and agree that the form and nature of the services provided by Platform may change from time to time without any prior notice.

Merchant acknowledge and agree that Platform may stop (permanently or temporarily) providing the services (or any features within the Services) to Merchant at its sole discretion.

Merchant acknowledge and agree that if Platform disables access to Merchant account or login route, Merchant may be prevented from accessing the services, Merchant account details or any files or other content which is contained in Merchant account.

Merchant acknowledge and agree that while Platform may not currently limit Merchant use of the Platform in any way, it may do so if that use hinders with the ability of Platform to carry on its operations or the ability of Guest to use the offering.

Platform shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the Services or the discontinuation altogether thereof.

8. Rights and Obligations of Member(s)

Members agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or guidelines.

Members agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by Platform unless Members have been specifically allowed to do so in a separate agreement. Members specifically agree not to access (or attempt to access) any of the Services through any automated means including but not limited to the use of scripts and web crawlers.

Members agree that Members will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the offering).

Members agree that Members are solely responsible for (and that Platform has no responsibility to Members or to any third party for) any breach of Members obligations under the Terms and for the consequences (including any loss or damage which Platform may suffer) of any such breach.

Merchant agree that they will not use another person’s Account, to misrepresent themself, their identity or qualifications or transactions.

Members agree that Members will not in any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Platform information or content including but not limited to, use on a mirrored, competitive, or third-party platform.

Members agree that Members will not take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Platform or Guest(s); (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Platform.

Members agree that Members will not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law of the Country of the Member.

Members agree that Members will not violate any Platform policies that govern or relate to Members use of the Platform and interactions with Members and third parties.

Members agree that Members will not take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by Platform and which relate to Merchants.

Members agree that Members will not undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform;

9. Member obligation to cooperate: posting content

All content, information, products, materials and services included or available to the Guest on the Platform are offered on an “as is” basis. Platform makes no warranties or representations of any kind, implied or expressed, as to the operation of any of the content, information, materials, services or products included and available to the Guest. Guest understands and acknowledges that the content of data supplied through the Platform is entirely the responsibility of the Merchant. Merchant contents including menu, pictures of their meals/dishes is respected and will not be shared by Platform without their express permission. We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the Platform or to Member Content that We consider to be a violation of these Terms, Platform policies and procedures, We consider harmful to the Platform, to Platform or to any other Guest or third party or which We consider to be otherwise objectionable or for any other reason.

1. The user undertakes to observe applicable law (e.g. criminal law, competition and youth protection law) when creating and using their own content and not to violate any third party rights (e.g. name, brand, copyright and data protection rights).
2. The user undertakes towards the operator that any content that is placed on the Platform, neither through its content or the form, violates applicable law or morality. The same applies to the setting of external links. In particular, the distribution of content is not permitted
   • racism
   • Glorification of violence and extremism of any kind
   • Calls and incitement to criminal offenses and violations of the law, threats to life, limb or property
   • Defamation against people or companies
   • Personal attacks, defamation, defamation and defamation by users and third parties as well as violations of the fair trade law
   • copyright infringing content or other violations of intellectual property rights
   • sexual harassment of users and third parties
   • pornography
   • offensive, sexist, obscene, vulgar, hideous or nauseating materials and expressions
3. Copyright-protected content may only be included verbatim in contributions without the consent of the respective rights holder within the scope of the applicable quotation law. Quotes are to be identified by highlighting them using the quotation function and citing sources. Foreign language quotes are also to be translated into English to such an extent that the content is roughly visible. In particular, contributions that are not correctly cited can be removed or corrected by the moderators. The distribution and / or public reproduction of any content on the Platform without the operator's consent is prohibited.

10. Further cooperation obligations of the Member

1. Without the express permission of the operator, the user may only use the Platform for private purposes and may not advertise for himself or third parties. This means in particular that the user may not use any message-promoting content without the consent of the operator and the recipient (in particular: spam messages).
2. In the event that the user uses the opportunity to inform third parties about the existence of the Platform via the recommendation function provided by the operator, he must ensure that the third party agrees to the sending of the advertising recommendation email.
3. In the event that the content contains hyperlinks to third party sites, the user assures that he has the authorization to use the hyperlink and the Platform to which reference is made ("landing page") with applicable law and third party rights is compatible.
4. The user is obliged to handle the log-in data carefully. Without exception, the user is prohibited from communicating the log-in data to third parties and / or allowing third parties access to the profile bypassing the log-in data.
5. The user must refrain from any activity that is likely to impair the operation of the Platform or the technical infrastructure behind it and / or to place excessive strain on it. These include in particular:
   • the use of software, scripts or databases in connection with the use of the Platform;
   • automatic reading, blocking, overwriting, modification, copying of data and / or other content, unless this is necessary for the proper use of the Platform;
6. Personal offense and therefore not permitted, it is also to remove the anonymity of other users or to disclose information from other users from private messages, emails or chats that are not intended for the public. Users may not include or otherwise make known any information in their posts that could provide information about the identity of another user or that the user received from other users exclusively in private messages, emails or chats.
7. Should there be any malfunctions when using the Platform or its functionalities, the user will immediately inform the operator of this malfunction. The same applies if the user obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.

11. Intellectual Property

Members acknowledge and agree that all content, design elements, and materials available on this Services are protected by copyrights, trademarks, Services marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, Members agree to not to sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws.

Except as provided below, Platform and its affiliates and licensors retain all right, title and interest in and to the Platform and the Services. Members may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Platform’s intellectual property in whole or in party, except as expressly permitted in these Terms of Use or with the prior written consent of Platform. Members agree to use the Services only in accordance with these Terms of Use. Members agree not to disassemble, decompile or reverse-engineer any software or other component of the Platform Platform.

12. Rights of use

1. The user grants the operator an unlimited, irrevocable, non-exclusive, free-of-charge right, unlimited in terms of space and time, to utilize the content on the online offer. The operator is entitled to use, edit and utilize the content at any time. This includes, in particular, the right to reproduce, the right to distribute and the right to reproduce, in particular the right to make publicly available. The user waives the right to name the author. This rule does not affect the user's ability to grant third parties rights to the content posted according to certain license models.
2. All rights to the content of the Platform lie with the operator. The user is prohibited from reproducing, distributing and / or publishing content that the operator, other users or third parties have posted on the Platform.

13. LIMITATION OF LIABILITY

SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, GUEST EXPRESSLY UNDERSTANDS AND AGREES THAT Platform PROVIDES THE SERVICES ON “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. Platform AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THE RESULTS OF USING THE SERVICES WILL MEET MEMBERS EXPECTATIONS OR REQUIREMENTS.

MEMBERS ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS MEMBERS POST OR OTHERWISE COMMUNICATE USING THE SERVICES. Platform SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL Platform ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO MEMBERS. IN SUCH STATES, THE LIABILITY OF Platform SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

1. Unlimited liability: The operator is unlimited liable for intent and gross negligence as well as in accordance with the product liability law. The operator is liable for slight negligence in the event of damage to life, limb and health of persons.
2. In addition, the following limited liability applies: In the event of slight negligence, the operator is only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and the compliance of which the user can regularly rely on (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded, and which is typically expected to occur. This limitation of liability also applies in favor of the operator's vicarious agents.

14. EXCLUSION OF WARRANTIES

MEMBERS EXPRESSLY UNDERSTAND AND AGREE THAT MEMBERS USE OF THE OFFERING IS AT MEMBERS SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON “AS IS”BASIS. IN PARTICULAR, Platform DOES NOT REPRESENT OR WARRANT TO MEMBERS THAT: (A) MEMBERS USE OF THE SERVICES WILL MEET MEMBERS REQUIREMENTS, (B) MEMBERS USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY MEMBERS AS A RESULT OF MEMBERS USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT MEMBERS OWN DISCRETION AND RISK AND Platform WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO MEMBERS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBERS FROM Platform OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.

Platform FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

The user releases the operator and his employees or agents from all claims arising from third parties in the event of claims for alleged or actual legal infringement and / or infringement of third party rights through actions taken by the user in connection with the use of the Platform. In addition, the user undertakes to reimburse all costs incurred by the operator through third-party claims. Reimbursable costs include reasonable legal defense costs.

15. Personal data

1. The user hereby consents to the storage of the personal data entered by him. This also applies to the storage of the IP addresses that are transmitted each time the Platform is used. In particular, the user also consents to the display of the personal data entered by him in his profile display within the Platform for other users of the Platform and third parties who are not users of the Platform.
2. The user also consents to the use of his personal data for the personalization of advertisements placed on the Platform (personal data is not passed on to the advertisers). The user also agrees that third-party advertisements of any kind are placed on his profile pages.
3. The use of the Platform makes the collection, processing and use of personal data by the operator inevitable. The operator guarantees to handle all stored data carefully and to process them only within the scope of the user's data protection consent. Any further use of personal data is carried out by the operator only if this is legally permissible or the user has given prior consent.
4. The user further agrees that the operator uses the user's personal data for direct marketing purposes. This includes addressing the user via email and post.

16. Contract duration / termination

1. The contract runs for an indefinite period of time and can be terminated by either party at any time without notice and without giving reasons.
2. In addition and beyond, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.
3. There is an important reason for the operator to terminate this contract if the customer fulfills his obligations according to para. 4 or 5 of this contract sustainably violated.

17. Final provisions

Members agree that if a dispute arises between Members and Platform, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, Members must first contact us directly and work with us to resolve the dispute. If a dispute cannot be resolved, such dispute will be referred to binding mediation between the parties, and the decision of the mediation shall be final and binding to both the parties. In the event that the mediation fails to yield a result, the parties shall compulsorily refer the dispute to arbitration, with the arbitral panel consisting of three arbitrators; one arbitrator is chosen by each party and the third being jointly appointed by the two chosen arbitrators.

1. If the contract contains ineffective regulations, the effectiveness of the contract remains unaffected.