- CONTRACTUAL RELATIONSHIP
1.2 Through use of the Application, the Service or related services, you consent to enter into this contract (the ‘Contract’) with MYNU.
- THE SERVICES
2.1 The MYNU application (the ‘Application’), which can be downloaded and installed on your mobile phone (smartphone) for free, allows you to access location-specific restaurant menu information, place orders for food and drink, and pay in certain independent restaurants (‘Participating Restaurants’). The exact scope of the services that can be used depends on the participating catering business and may therefore vary among the participating restaurants.
2.2 With the Application, you can browse and order food and drinks in a Participating Restaurant. Your order triggers a process in the Participating Restaurant that provides it with information, including your personal data, your order with the appropriate table number/location. Your table number/location is determined by your scan of the correct QR code of your table in the Participating Restaurant. To enable this, you must have authorised the Application to share your location. You hereby authorise MYNU to disclose your orders, personal data and location to Participating Restaurants and process them.
2.3 MYNU passes your order on to the Participating Restaurant and settles it in the name and for the account of the Participating Restaurant. All brokering and billing services rendered for you by MYNU, as well as the Application, are hereinafter referred to as the ‘Service’. The Service is for private, non-commercial use only.
2.4 The Participating Restaurants render their catering services in their own name and on their own account. The Participating Restaurants in no way act for MYNU. You therefore enter into a contract with the Participating Restaurant, rather than MYNU. MYNU is at no time a party in such a contract
2.5 MYNU itself does not provide any food or drink or run any restaurants.
2.6 Furthermore, it is solely at the discretion of the Participating Restaurant to enter into a service contract or any other contract with you.
2.7 All Content, text Allergene and other filter Information is being provided by the Participating Restaurant. MYNU is at no point repsonsible for a wrong or missing information. It is the sole responsibility of the Participating Restaurant to provide the full, complete and correct information for alle Items offered and displayed on MYNU. Its the Users obligation to ask the Restaurant staff about Allergenes or any other relevant ingredients if he wants to know that.
2.8 You are not obliged to use the Service; similarly, MYNU is not obliged to offer you the Service or to render the Service successfully (in particular, to pass on orders or process payments).
- USER ACCOUNT
3.1 You must first register and create a user account in order to use the Service or Application and place an order using the Application provided by MYNU. During the registration process, you will be required to provide a public Username or to register with a third party service. Once you want to make an in app payment you‘ll have to register with your email address, name and payment type details). After you have registered with MYNU, you will receive a verification mail to your registered mail adress. After verifiying it you would be able to process your in app payment.
3.2 Each user account is associated with a specific natural person. We store your data in your user account. The user account combines information about you in order that you and we can better understand and manage your rights and obligations as a MYNU user.
3.3 User accounts cannot be transferred.
3.4 You may not open more than one user account.
3.5 You guarantee that the information you provide to MYNU is correct, complete and up to date. In particular, you must provide your own name and valid information for your chosen payment method.
3.6 You are also obliged to keep your user information up to date, correct and complete at all times. Please use the update tools in your user account to make any necessary changes. If your data is no longer correct, complete or up to date, or if communication (in particular the collection of payments) with you is rendered impossible due to outdated, incorrect or incomplete contact information or for any other reason (for example, if your payment method is invalid or has expired), we may no longer be able to provide you with the Service or Application; in particular, you may no longer be able to access or use the Service, or MYNU may terminate, discontinue or suspend it.
3.7 You are responsible for all activity on your user account and you are obliged to keep the username and password for your payment mehtod secure and secret at all times.
3.8 MYNU is entitled to verify the information you have provided at any time and to refuse to provide the Service or allow you to use the Application without provision of a reason.
3.9By installing the application on your device, successfull registration and accepting the terms and conditions of use, the application is ready for use. If you use the service offered, prior to expiry of the 14-day withdrawal period of § 11 FAGG (eg. by placing an order), the right of withdrawal of premature dissolution no longer applies.
You hereby acknowledge and expressly agree that if the first time usage of the application and its service (eg. by placing an order), takes place before the expiry of the resignation period of § 11 FAGG, it means the loss of the right of withdrawal in accordance with § 18 FAGG.
- CLOSURE OF YOUR USER ACCOUNT
4.2 Additionally, we reserve the right to delete your user account at any time, particularly if we are unable to reach you at the email address specified in your user account.
- USE OF THE SERVICE
5.1 You must be at least 18 years of age to use the Service or Application and create a user account. You confirm that you are a legally capable individual who is able to enter into a binding contract.
5.2 In particular, you undertake the following:
- You will use the Service or Application only for private, non-commercial purposes and not pass it on to third parties
- You will not permit or enable third parties to use your account
- You will not assign, transfer or otherwise render accessible your user account to any other person
- You will not use the account of a third party
- You will comply with all relevant legislation when using the Service or Application, and you will use the Service and Application only for legal purposes
- You will not use the Service or Application to cause annoyance, disruption or inconvenience
- You will not impede the correct operation of the network
- You will not attempt to harm the Service or Application in any way
- You will use MYNU as it is intended to be used
- You will provide us with any proof of your identity that we consider reasonable
- You will not use the Service or Application with an incompatible or unauthorised device
5.3 In particular, MYNU reserves the right to terminate the Service and use of the Application immediately if you do not fulfill all of the above obligations.
5.4 You are responsible for the establishment and functioning of the data network access required for use of the Service and Application, and for any related costs. Access to and/or use of the Service and Application may incur data and connection fees from your mobile network provider; for example, payment for which you are solely responsible.
5.5 You are responsible for procurement and update of the compatible hardware and devices required to access, update and use the Service and Application. MYNU does not guarantee that the Service, Application or parts thereof will work on the hardware or devices in question. Additionally, the Service or Application may experience problems and delays caused by use of the internet and electronic means of communication.
5.6 Furthermore, you are responsible for ensuring that you have downloaded the correct Application for your device. MYNU is not obliged to continue to support older versions or otherwise ensure that they will continue to work or remain free from errors, in particular on release of newer versions of the Application. You should always update to the newest version of the Application, in particular in order to make use of new features.
5.7 In particular, MYNU cannot be held liable if you have no functional data network access or compatible mobile device, or if you download the wrong version of the Application for your mobile device. Specifically, MYNU reserves the right to terminate the Service or use of the Application if you use the Service or Application with an incompatible or unauthorised device.
6.1 The Application and Service can be used free of charge. MYNU reserves the right to introduce a fee for use of the Application and/or Service. If MYNU decides to introduce such a fee, it will notify you in advance and give you the opportunity to terminate the Contract.
6.2 You are aware that use of the offers of the Participating Services through the Service or Application will incur costs.
6.3 The prices of the menu items offered by Participating Restaurants (e.g. food and drink) can be found in the Application. These prices are set by the restaurant in question and are changed/updated from time to time.
6.4 MYNU will charge the prices of the food and drink, other menu items or services you order from the Participating Restaurant using the Application or Service in the name of the restaurant. MYNU will clear your payment with the Participating Restaurant by acting with the limited authorisation of the restaurant to collect payments. The payments you make in this way are thus treated as if you had made them to the Participating Restaurant directly. All prices are payable immediately.
Youre also able to choose to make the payment to a Restaurant staff directly. In this case MYNU would not clear your payment, but the payment would be handled by the Restaurant directly.
6.5 You agree to pay for all food, drink and other goods you order from a Participating Restaurant, and authorise MYNU to charge the food, drink and other goods or services you order to the credit card or any other payment method youve authorized (including any taxes and late payment fees, if applicable, in connection with your account) specified when you registered. You are responsible for the punctual payment of all costs and the provision of a valid credit card or any other payment method with which you will pay all costs to MYNU at any time.
- LICENCE AND RESTRICTIONS
7.2 The following is not permitted: (i) To remove references to copyrights, trademarks or other intellectual property rights from any component of the Application; (ii) to reproduce, modify, derive second-hand works from, sell, license, rent out, sell, resell, transfer, publicly disclose or display, transmit, stream, send or otherwise exploit the Application without the express consent of MYNU; (iii) to decompile, reverse engineer or disassemble the Application beyond the limits of what is legally permissible; (iv) to create a link, frame or mirror a component of the Application; (v) to develop or install programs or scripts in order to scrape, index, survey or otherwise mine data or to unduly limit or inhibit the functionality of aspects of the Application; or (vi) to attempt to gain unauthorised access to or impede a component of the Application and its related systems or networks.
7.3 The Service and the Application and all rights to these are and will remain the property of MYNU and the licensors of MYNU.
- USER CONTENT
8.1 At its sole discretion, MYNU may permit you to submit, upload, publish or otherwise render available to MYNU, the Participating Restaurants and/or other users text, audio and/or image content and information through the Application; i.e. comments and feedback on the service, food and drink or other menu items or services, the Service, support queries and the submission of contributions (‘User Content’). You will remain the owner of all User Content you submit or otherwise make available.
8.2 However, you grant MYNU a global, irrevocable, transferable, free licence – sub-licensable and unrestricted in terms of content or time – to all User Content, in particular to use, duplicate, market, alter, publish, disclose, exhibit in public and otherwise use in all formats and on all sales channels, regardless of whether these currently exist and/or are known or whether they emerge or become known only in the future.
8.3 You are responsible for ensuring that: (i) You are either the sole and exclusive owner of all User Content or hold all rights, licences, permits and clearance required to grant MYNU the aforementioned licence to the User Content; and (ii) neither the User Content itself nor the act of sending, uploading, publishing or otherwise disclosing it, including use of the User Content by MYNU, violates or ignores intellectual property rights or other rights of third parties, publication rights, personal rights or data privacy rights of third parties or could be held to represent a violation of applicable laws or regulations.
8.4 You undertake not to place, send, upload, transfer, publish or make available any User Content that is offensive, slanderous, rude, violent, obscene, pornographic or otherwise objectionable or illegal, as judged by MYNU at its own discretion, regardless of whether the User Content is protected by law. At its own discretion, MYNU is entitled to check, monitor and remove User Content without notification. However, MYNU is not obliged to check, monitor or remove User Content.
- EXCLUSION OF ASSURANCES AND GUARANTEES
10.1 All guarantees of MYNU, in particular relating to the Service and Application, are hereby excluded. MYNU makes no assurances and issues no guarantees or warranties of any kind related to the Application or the Service.
10.2 Similarly, MYNU makes no assurances and issues no guarantees or warranties of any kind related to the quality or suitability of the services of Participating Restaurants.
10.3 The service is provided ‘as is’ and as available.
10.4 In particular, MYNU cannot guarantee that the Website, its content, the Service and/or the Application are free from errors, defects, harmful programs or viruses, or that the Website and/or the Application are correct, up to date or free from errors.
10.5 Furthermore, MYNU makes no assurances and issues no guarantee that the Service will not be disrupted or is otherwise free from errors, and issues no guarantee concerning the reliability, quality, suitability or availability of the Service, Application or other services in connection with the Service and Application. Temporary disruptions or errors may occur and the Service or Application might experience restrictions, disruptions, delays or other problems.
- DISCLAIMER AND LIMITATIONS OF LIABILITY
11.1 MYNU can be held liable for damage caused only through intent or gross negligence on the part of its elements.
11.2 MYNU rejects all other liability.
11.3 In particular, MYNU cannot be held liable for any damage resulting from the use of (or inability to use) the Website, Application or Service, including due to harmful programs, viruses, errors or the incompleteness of the information, Website or Application.
11.4 MYNU cannot be held liable for damage to third parties or third-party claims for damages, in particular for any damage resulting from or in connection with a contract between you and a Participating Restaurant. The quality of the food and drink provided through the use of the Application or Service is the full responsibility of the Participating Restaurant that provides the service. Under no circumstances will MYNU accept any liability for and/or in connection with the food and drink provided by the Participating Restaurant or any other actions or omissions on the part of the Participating Restaurant. Any complaints related to the services of the Participating Restaurant or the food or drink should therefore be addressed to the Participating Restaurant.
11.5 Should you contact us regarding a service contract or dispute with a Participating Restaurant, we will refer you to it. Should a Participating Restaurant contact us regarding a service contract or dispute with you, we will refer it to you; however, we reserve the right to provide the Participating Restaurant with information about you and the service contract or dispute in question.
11.6 These disclaimers and limitations of liability also apply to auxiliaries of MYNU and their agents and representatives.
- APPLICABLE LAW, PLACE OF JURISDICTION AND OTHER PROVISIONS
12.5 MYNU may contact you regarding the Service or Application by means of a general notification or an email or standard letter sent to the email address stored in the user account information held by MYNU.