1.2 The Applications are the means through which you can place orders for food, drinks and other services available from Kitchen & Co, as well as payment service for such orders (together, the “Service”).
1.4 We would like to point out that we use MENU Technologies AG (“MENU”) as an external service provider for the execution of orders and payment processing. However, you do not enter into a contractual relationship with MENU.
1.5 The collection and processing of personal data in connection with the Service is carried out in accordance with our data protection declaration under Kitchen & Co data protection declaration.
2. The Services and the Applications
2.1 The Applications may give you the option of paying for orders that you have placed with the service staff at the restaurant itself. In addition, certain participating restaurants can enable you to place and pay for orders for home deliveries using the Applications (except the application on a self-ordering kiosk).
2.2 The Applications therefore enable you to search and order meals and drinks in a participating restaurant. Your order triggers a process in the participating restaurant which results in Kitchen & Co and its service providers using your personal data, e.g. your contact details, phone number and your order information. When your order is ready to be picked up at the counter, you will be informed either via a push message (for orders placed via the mobile application) or via SMS message (for orders placed via the web application). If the restaurant you are visiting works with guest localization, your table number or your location in the participating restaurant will also be determined by means of table number entry (on the mobile and web application), placed transmitters or antennas (kiosks). In order to receive push messages, you must have push messages activated on your smartphone and to enable the determination of your location via transmitters or antennas you must have Bluetooth activated on your smartphone and give the application permission to determine your location. For orders that you place through the self-order kiosk, a puck may show you when your order is ready for collection at the counter or your order number is displayed on a screen. Your location can also be determined using a puck, which may be distributed to you at the self-order kiosk or at the counter or you may need to enter a number into the screen. You hereby authorize Kitchen & Co to disclose and process your orders, personal data and in particular your location data to participating restaurants in order to provide the Services.
2.3 The Services and the Application are only offered for your private, non-commercial use. Kitchen & Co is the platform operator of the Applications and obtains your personal data, such as orders, telephone number, email address, possibly home and / or delivery address and can use them for marketing purposes where consent to do so has been obtained. Each of Kitchen & Co’s restaurants can view your order and payment details for their respective restaurants. As a technology supplier, MENU provides the Kitchen & Co platform and can view your personal data. MENU provides Kitchen & Co within the Applications platform with functions and integrations that enable Kitchen & Co to communicate with you in a personalized form and to provide you with relevant information at the appropriate time.
2.4 There is no obligation for you to use the Services or the Applications; Kitchen & Co is also not obliged to offer you the Service or the Application, or to provide the Service successfully (in particular to place orders or settle payments).
2.5 The Applications serve as a platform to present the offer of Kitchen & Co and to enable you to place orders and make payments from your smartphone.
3. User account
3.1 In order for you to be able to use the Services or the Applications you must first log in and create a user account. This is currently possible in the Kitchen & Co application to be downloaded to your mobile phone (smartphone) or via a web application on a website (eg kitchen&co.com), but not on the self-order kiosks (in which case the creation of a user account is not needed). When registering, you provide Kitchen & Co and therefore its service provider MENU personal data (including email, name and your credit card details (such details will not be saved by MENU). After successfully registering with Kitchen & Co, you will receive a personal user account from Kitchen & Co, which you can access with a password of your choice.
3.2 User accounts are available to clearly identified and designated natural persons. Kitchen & Co stores your data in your user account. The user account combines information about you so that you and we can better understand and manage your rights and obligations as a user of the Kitchen & Co applications.
3.3 A user account is not transferable.
3.4 You are not allowed to have more than one user account.
3.5 You guarantee that the information you provide to Kitchen & Co is correct, complete and current. In particular, you must truthfully provide your own name and, if necessary, a billing address for billing purposes.
3.6 You are required to keep your user information correct, complete and up to date at all times. Please use the update functions in your user account to update any changes. If your data is no longer correct, complete and up-to-date, communication with you (and in particular collecting payments) may no longer be possible due to outdated, incorrect or incomplete contact information or for other reasons (especially if the payment method is invalid or has expired), we may no longer be able to offer you a smooth processing of the service on the Application and it may be that you no longer have access to the Service or can no longer use the Services or the Application or that Kitchen & Co cancels, suspends or discontinues your use of the Services or the Applications.
3.7 You are responsible for all activities on your user account and you are obliged to keep your username and password safe and confidential at all times.
3.8 Kitchen & Co is at any time entitled to check the information you provide and to refuse Service or the use of the Application without stating any reason.
4. Cancellation of your user account
4.1 We reserve the right to cancel and delete your user account at any time, especially if we can no longer reach you via the email address specified in the user account.
5. Use of the service
5.1 In order to use the Service or Applications and create a user account, you must be 18 years or older. You confirm that you are a capable individual and that you are able to conclude a binding contract.
5.2 In particular, you commit yourself as follows:
- You will only use the service or applications for private, non-commercial purposes and will not assign these terms on to third parties;
- You will not allow or allow third parties to use your user account;
- You will not assign, transfer or otherwise make your user account available to another person;
- You will not use a third party user account;
- You will comply with all applicable laws when you use the service or applications and you will only use the service and applications for lawful purposes;
- You will not use the service or applications to cause trouble, annoyance or inconvenience;
- You will not interfere with the correct operation of the network;
- You will not try to damage the Service or the Applications in any way;
- You will keep the password for your user account or any identification that we provide to gain access to the Service and the Applications secure and confidential and keep it secret;
- You will provide us with any proof of your identity that we deem appropriate;
- You will not use the Service or the Applications with a non-compatible or non-approved device.
5.3 Kitchen & Co particularly reserves the right to immediately terminate the Service and use of the applications if you do not meet all of the obligations set out above.
5.4 You are responsible for the proper installation and functioning of the Applications on your devices and the data network access required to be able to use the Service and the Applications, as well as any costs that may arise from the use of the Service and Applications. While accessing and / or using the Service and Applications, data and connection fees and charges, (e.g. from your mobile network provider) may be incurred and you are solely responsible for paying them.
5.5 You are responsible for the procurement and updating of compatible hardware and devices, which are necessary for access to the Service and the Applications as well as their updates or for the corresponding use. Kitchen & Co does not guarantee that the Service, the Applications or parts of them will work on the respective hardware or the relevant devices. In addition, malfunctions and delays can occur in the Services and the Applications, which are caused by the use of the Internet and electronic communication means.
5.6 It is also your responsibility to check and ensure that you always have downloaded the correct applications for your device. This is particularly important when newer versions of the Applications are published and Kitchen & Co is not obliged to maintain older versions or to ensure in any way that such older versions continue to work or are otherwise error-free. You should always update to the latest version of the Applications, especially to be able to use new functions.
5.7 Kitchen & Co is particularly not liable if you do not have a working data network access or a compatible mobile device or if you download the wrong applications version to your mobile device. Kitchen & Co particularly reserves the right to cancel the Service or cancel the availability of the Applications if you use the Service or the Applications with an incompatible or impermissible device.
6.1 You are aware that costs will arise through the acceptance of any offerings of the participating restaurants by using the Service or the Applications.
6.2 The prices for the offerings of participating restaurants (e.g. meals, drinks) can usually be found in the Applications. These are determined and made available by the participating restaurants and are changed and updated from time to time. It is your own responsibility to find out about the current prices of the corresponding offers from participating restaurants.
6.3 Kitchen & Co will charge you for meals, drinks or other goods displayed on behalf of the participating restaurant through the Service and Applications. Payment is processed via the Applications. MENU will settle your payment with Kitchen & Co by acting as the authorized agent of Kitchen & Co. The payments you make via the Service or Applications will be treated as if you made them directly to Kitchen & Co. All prices are payable immediately.
6.4 You agree that you will pay for all meals, drinks and other goods (including any taxes and late fees, if any, that are associated with your account) that you order from a participating restaurant and that Kitchen & Co, via its payment processor, will charge your credit card or other payment method you specified when you registered with the service or the applications. You are responsible for the provision of a valid credit card or other payment method and the timely payment of all costs to Kitchen & Co.
7. Collect and redeem points
7.1 You can collect points by placing orders and possibly also using the Applications for other purposes. The number of points granted in each case is described in the Applications and in any relevant promotion conditions. The purchase of books, newspapers, magazines, tobacco products and vouchers and any delivery costs that may apply are excluded from the points credit. To credit points, you must be logged in to the Applications with your user account at the time of ordering or other use of the Applications. A subsequent point credit is not possible.
7.2 If an order or a contract for which you have received points does not materialize, or if the order or contract is subsequently rolled-back (e.g. through cancellation, withdrawal, cancellation of contract, contestation, etc.), Kitchen & Co reserves the right to also cancel the corresponding points credit.
7.3 Kitchen & Co will credit the points you have collected to a points account managed for you. The maximum possible point balance in the points account managed for you is currently [insert]. This maximum score cannot be exceeded and you cannot collect more points. You can call up your current score at any time via the applications in your profile. In addition, Kitchen & Co can send you messages about your current score. Objections to the correctness or completeness of a notified score must be made in writing or in text form (e.g. by email) within one month of receiving the notification. Failure to make timely assertion is considered approval of the notified score. You can request correction of the reported score even after this approval, but in this case you must prove the incorrectness or incompleteness.
7.4 You can redeem your points for regularly changing rewards or other shopping benefits. A prerequisite is the availability of the selected bonuses or purchasing advantages. The available bonuses and / or purchasing advantages and the number of points required for each are announced in the applications. Points redeemed at the time of redemption are counted first. It is not possible to pay out points in the form of cash.
7.5 After a termination becomes effective, you can no longer collect new points and you may not be able to redeem existing points in your points account.
7.6 The transfer of points to third parties is only possible with the consent of Kitchen & Co.
8. License and restrictions
8.2 You are not permitted to: (i) remove references to copyrights, trademarks or other property rights from the Applications; (ii) reproduce, modify, create, distribute, license, rent, sell, resell, transfer, transmit, make public or otherwise use the Applications without the express consent of Kitchen & Co and MENU to stream, broadcast or otherwise exploit; (iii) to decompile, reverse engineer or disassemble the Applications, unless and to the extent permitted by law; (iv) to link, frame or mirror a part of the Applications; (v) to develop or install programs or scripts with the aim of scraping, indexing, surveying or other data mining or to unduly restrict or hinder the operation or function of aspects of the Applications; and / or (vi) attempt to gain or interfere with unauthorized access to any part of the Applications and the systems or networks connected to it.
8.3 The Service and the Applications as well as all rights to it exclusively belong to Kitchen & Co and its licensors (including MENU).
9. User content
9.1 Kitchen & Co may, at its sole discretion, allow you to submit, upload or publish text, audio and / or image content and information from time to time to the Applications in order to provide your comments and feedback on the services, meals and drinks or other menu offers support requests and the submission of contributions (the “User Content”). You remain the owner of all User Content submitted or otherwise made available.
9.2 Without prejudice to clause 9.1, you grant Kitchen & Co and MENU a worldwide, unlimited in time and content, irrevocable, transferable, sublicensable and free license to all User Content, in particular for their use, reproduction, distribution, modification, publication, availability, public performance or other use in all formats and across all sales opportunities, regardless of whether they already exist and / or are known or only arise or become known later.
9.3 You ensure and are responsible that: (i) you are either the sole and exclusive owner of all User Content or have all the rights, licenses, consents and exemptions required to provide user content under the above license to Kitchen & Co and MENU; and (ii) neither the User Content nor its transmission, uploading, publication or other disclosure, nor the use of the user content by Kitchen & Co and / or MENU violate the rights of third parties in intellectual property or other rights of third parties, publication rights or personal or data protection rights of third parties or disregard or violate applicable laws or regulations.
9.4 You agree not to post, transmit, upload, communicate, publish, or make available any User Content that is offensive, defamatory, mean, violent, obscene, pornographic, otherwise objectionable or unlawful in Kitchen & Co and / or MENU sole discretion; this is irrespective of whether the User Content is protected by law or not. Kitchen & Co and MENU have the right, without notice to you, to review, monitor and remove User Content at its sole discretion. However, Kitchen & Co is under no obligation to check, monitor or remove User Content.
11. Disclaimer and warranty
11.1 Any guarantee of Kitchen & Co, in particular for the Service and the Applications, is hereby excluded. Kitchen & Co makes no assurances regarding the applications and the Service and makes no guarantee in this regard and gives no guarantee.
11.3 The Applications and Service are provided to “AS IS” and “AS AVAILABLE”.
11.4 In particular, Kitchen & Co cannot guarantee that the website, its content, the Service and / or the Applications are free of errors, defects, malware and viruses or that the website and / or the Applications are correct, updated and error-free.
11.5 Furthermore, Kitchen & Co in particular makes no representations and gives no guarantee that the Applications or the Service will not be interrupted or are otherwise error-free, and no guarantee regarding the reliability, quality, suitability or availability of the Service and the Applications or other services in connection with the Service and the Applications. Temporary interruptions or errors can arise and the Service or the Applications may be subject to restrictions, malfunctions, delays or other problems.
12. Disclaimer and limitations of liability
12.1 Kitchen & Co is only liable to you for direct damage caused by wilful misconduct, fraud, personal injury, death or gross negligence.
12.2 Kitchen & Co is in particular not liable for any damage (whether direct or indirect) resulting from your use of (or inability to use) the website or the Applications or the Service, including where such use or inability to use is caused by malware, viruses or any errors or incompleteness of the information or the website or applications damage.
12.3 Kitchen & Co is not liable for damages or claims for damages by third parties, whether such damages or claims relate to direct or indirect damages or claims.
12.4 These disclaimers and limitations also apply to Kitchen & Co’s Service providers and officers.
13. Applicable law and other provisions
13.5 Kitchen & Co can send you information about the Service or the Applications by general notification or by email to your email address stored in the user account information of Kitchen & Co or by means of written communication by regular mail to your address as stored in the user account information section.