General Terms and Conditions for the Use of five2lunch Services by End Users
Scope of Validity
These General Terms and Conditions for the Use of five2lunch Services End Users (the "GTC") govern the use of services (the "Services") offered by SIA Five2lunch., over the internet, through mobile devices, telephone or other telemedia/telecommunications to non-commercial end users (hereinafter: the "User" or "You"). Agreeing to the GTC either explicitly or by using the Services, a legal Agreement (the "Agreement") between You and SIA Five2lunch is made.
Any deviating, complementary or contradictory terms and conditions issued by You do not apply, even if five2lunch carries out the Services without reservation in the knowledge of these terms without contesting them.
You must be fully legally competent, or act with the consent of Your legal representative, to use our Services.
The Agreement only applies to the non-commercial individual and is non-transferable. Notwithstanding the statutory rules of information requirements, five2lunch will not file or store Your data for Your use.
Unless otherwise agreed, five2lunch may change or cease the provisions of the Services at any time at its own discretion. It may be necessary for You to set up a five2lunch account and register with five2lunch in order to use certain products or features.
You must provide a valid e-mail address and password upon registration. You must protect Your log-in credentials from unauthorized access and prevent access to Your account by third parties. Each User may only operate one user account. You must provide true and complete information upon registration and must keep the information updated for the entire term of the Agreement. You acknowledge that five2lunch will communicate with You through the user account and/or the provided e-mail-address.
You may cancel Your user account at any time without giving reason by letting five2lunch know via e-mail. five2lunch may cancel Your account with 4 weeks' notice and giving reason. Five2lunch's right to cancel Your account with immediate effect for good cause remains unaffected.
Quandoo reserves the right to modify these GTC at any time, (i) if You either expressly consent to the changes, or (ii) consent is considered given by You according to the following requirements. Intended changes to the GTC must be provided in writing to You at least six weeks before there are intended to apply. If You do not contest the changes in writing within six weeks after receiving the aforementioned notice, Your consent will be deemed given, and the changes will become effective. You will be notified of this process when being informed of the change.
User Obligations, Prohibited Conduct, Explanations of User Content
You must use the Services only in a manner that does not violate these GTC or any applicable law and that does not infringe upon third party rights.
Unless otherwise agreed with five2lunch, the use of the Services is only permitted for private, non-commercial purposes.
When using the Services, it is prohibited:
to use robots, spiders, scrapers or any other automated means of access to the website for any purpose;
to take measures that would put unreasonable or disproportionate pressure on five2lunch's technical infrastructure;
to implement operations to monitor or copy the content of the Services;
to employ devices, software or programming that impairs or attempts to impair the functioning of the Services;
to advertise within the Services, for Your own or for a third party's benefit, without prior express written permission from five2lunch – including, without being limited hereto, advertising competitions or discounts, and inviting persons to take part in competitions;
to impersonate any third person within the Services, e.g. a representative of five2lunch or a person responsible for the Service in some way, or implying a relationship to some such person that does not exist;
to otherwise provide incorrect or false information to five2lunch or third parties, including fake e-mail addresses;
to save, publish and/or distribute content You do not have the rights in;
to harass, insult, threaten, defame, cause unreasonable inconvenience in any way to, or claiming or spreading untrue claims regarding anyone including individuals, legal entities or companies.
to collect, save or distribute personal information and data about other users, if permission has not been expressly given by the affected parties and five2lunch;
to offering legal advice, or publishing content that could be understood as legal advice.
You hereby grant five2lunch the non-exclusive, transferable and sub-licensable, royalty-free, worldwide and timely unlimited (i.e. the rights extend beyond the term of the Agreement) right to use, reproduce and make publicly available – also in edited or translated form – all information provided by You (e.g. texts, images, images of persons) for the purposes of fulfilling the Agreement and/or for the Services, without requiring consent from third parties or payment to third parties. This right of use applies to five2lunch's own channels as well as to SIA Five2lunch cooperation partners (third-part-providers which are linking to or marketing the five2lunch-channels).
You warrant that any information provided (e.g. in reviews) and Your use of the Services in accordance with these GTC, does not violate any third party rights (e.g. copyright, brand or personal rights), and that five2lunch may use such information without the need for consent from third parties or payment to third parties as specified above. Furthermore, You warrant that you may grant permission of use for all persons in any photos (privacy rights), as well as the right to use photos or other copyright-protected works without needing to name the photographer or copyright holder.
You hold harmless five2lunch, including five2lunch's employees, staff, representatives, shareholders and other vicarious agents (jointly "five2lunch") from any third party's claims and shall compensate five2lunch or any other named persons for damages or necessary expenses arising from claims caused by Your breach of Your contractual warranties or duties. This also includes reasonable lawyer and court fees.
Reservations, Reservation Functions
You can make online slot reservations via the five2lunch reservation network with restaurants that take part in the five2lunch reservation system (hereinafter "Partner" or "Partners"). The reservation is agreed exclusively between the Partner and the User as procured by five2lunch, whereby five2lunch does not act as a representative, but only as a messenger.
The five2lunch reservation function is a five2lunch service provided free of charge to You. The Partner is exclusively responsible for maintaining and keeping their settings up to date. With the exception of the technical functioning of the Service, five2lunch accepts no liability for availability or the success of reservations with the Partner chosen by the User.
Five2lunch Liability, No Liability for Information
Five2lunch is only liable for damages (i) caused by intent or gross negligence by five2lunch or its legal representatives or vicarious agents, (2) due to injury to life, body or health caused by breach of duty by five2lunch or its legal representatives or vicarious agents, (3) fraudulent misrepresentation or assumption of a guarantee and (4) a breach of a duty or obligation material for the fulfillment of the Agreement You regularly rely on (material contractual obligation).
In any other cases and without prejudice to the following sections, five2lunch's liability is excluded – regardless of the legal liability theory.
The above liability limitations apply to all five2lunch institutions, employees and vicarious agents. This does not alter the statutory burden of proof.
Unless otherwise agreed with You, five2lunch does not warranty that the information concerning restaurants listed in the Service, or other businesses, is correct and current (including addresses and other contact information, prices and facilities/services, opening times, review content, links and content on any linked sites).
Applicable Law, No Additional Agreements, Place of Fulfillment, Place of Jurisdiction
These GTC are construed according to and governed by the laws of EU, expressly excluding the UN Sales Convention. There are no additional verbal or written agreements.
If any provision in these GTC are or becomes partially or in whole invalid or are held to be unenforceable by a court of competent jurisdiction, the remainder of these GTC shall remain unaffected and continue in full force and effect. The same shall apply to unintentionally omitted provisions. Invalid, unenforceable or missing provisions shall be replaced by valid and enforceable provisions which come closest to the intended purposes.