General Terms and Conditions for Consumers (B2C)
PART A – GENERAL PROVISIONS
A.1. Subject of the contract and how SO‘USE works
A.1.1. The operator of the SO‘USE system and your contractual partner for using the systems is Horeca Digital System GmbH, Thomasiusstr. 7, 04109 Leipzig, registered in the commercial register of the Kiel District Court under HRB 27325 KI (‘SO‘USE’, ‘we’).
A.1.2. Based on the system usage terms in Part B, SO‘USE allows you (‘user’, ‘you’) to use the web application provided by SO‘USE (‘Web Application’).
A.1.3. The SO‘USE brand stands for an innovative ordering concept that offers an attractive alternative to conventional ordering processes. Users can place orders in our customers' gastronomic businesses and pay online via the web application.
A.1.4. Using gastronomic services requires a guest service contract (‘Guest Service Contract’). The provider of these services and your contractual partner is the gastronomic business whose services you order via our platform (‘Restaurateur’).
A.1.5. You can view, order, and pay for gastronomic services via the web application. These services within our web application are provided free of charge and are referred to below as the ‘Web Application’.
A.1.6. The web application and gastronomic services are separate, independent services provided by different contractual partners. The web application and other services from SO‘USE are collectively referred to as SO‘USE Services.
A.1.7. SO‘USE and/or the Restaurateur may, at their discretion, change and/or discontinue the SO‘USE Services at any time without individual notification for the future (i.e., not regarding an order already placed). Information about a discontinuation of SO‘USE Services will be provided in a timely manner in the web application and/or on the website www.so-use.de.
A.2. Other general provisions
A.2.1. SO‘USE may adjust these T&Cs for the future if the changes are reasonable for you. We will notify you of changes in good time before they take effect via email and/or notification in the web application. Changes are deemed approved if you do not object to them in writing (e.g., via email) within one month of notification. We will specifically point out this consequence in the notification. Orders already placed are excluded from such changes.
A.2.2. If any provision of these T&Cs is invalid or void, the validity of the remaining provisions remains unaffected.
A.2.3. The law of the Federal Republic of Germany applies to these T&Cs and the legal relationship between the parties, excluding UN sales law.
A.2.4. Please note that SO‘USE and/or the Restaurateurs cooperating with us do not participate in dispute resolution proceedings before a consumer arbitration board.
A.2.5. The European Commission has established a European online dispute resolution platform at http://ec.europa.eu/consumers/odr/. Consumers can use this online dispute resolution platform for the out-of-court settlement of disputes arising from online purchase or service contracts.
A.2.6. In case of contradictions between the German and English versions of these T&Cs, the German version alone is binding.
PART B – WEB APPLICATION USAGE TERMS
B.1. Subject of the contract, web application contractual partner, reservation of service
B.1.1. You can view, order, and pay for gastronomic services from Restaurateurs cooperating with us via the web application. Using the web application is free. Horeca Digital System GmbH is your contractual partner for using the ‘SO‘USE’ web application.
B.1.2. These usage terms apply exclusively to the web application provided by SO‘USE to enable the selection and/or ordering of a gastronomic service under a separate purchase contract with the Restaurateur. The Restaurateur is solely responsible for fulfilling a purchase contract in accordance with the provisions for gastronomic services (Part C).
B.1.3. You have no claim to constant or uninterrupted availability of the web application. No specific availability of the web application is promised. This also includes the question of which operating systems or device types the web application is available on.
B.1.4. From time to time, the web application may be temporarily unavailable, particularly for maintenance work or if security problems or capacity overloads occur.
B.2. Use of the web application
B.2.1. SO‘USE provides you with the web application free of charge. To use the web application, you need an internet-capable mobile device.
B.2.2. Internet access and connection are not part of this agreement. Your internet provider may charge separate costs for this.
B.2.3. Using the ordering and payment function within the web application always requires you to provide your email address. For off-premises orders, we also require your name, address, and optionally your phone number.
B.2.4. Before using the web application, you must agree to these T&Cs. By accepting these T&Cs, a usage agreement is formed between SO‘USE and you regarding the use of the web application (‘Usage Agreement’). The services provided under the usage agreement are free of charge.
B.2.5. Our declaration to enter into a usage agreement under section B.2.4 is only directed at individuals of legal age with full legal capacity; only such persons are authorized to use the web application.
B.2.6. You are solely responsible for the accuracy, nature, integrity, and legality of the data and content you transmit. SO‘USE is not responsible for checking the data or content you transmit.
B.3. Use of the web application for ordering gastronomic services
B.3.1. If you wish to order gastronomic services from a Restaurateur via the web application, a separate order or the conclusion of a purchase contract is always required (Part C).
B.3.2. Gastronomic services are identified in the web application as being subject to a fee. You place your order by selecting your desired gastronomic services and providing a final confirmation of the total order.
B.4. Granting of rights, use of the web application, consequences of violation
B.4.1. You receive the free, simple, non-transferable right to use the web application on your device.
B.4.2. You may only use the web application for your own private purposes. Commercial brokering of the web application or other services from SO‘USE is not permitted. You are prohibited from bypassing the technical access requirements or security measures of the web application.
B.4.3. The processing, reproduction, public display, or any other form of using the content and functionality of the web application for commercial purposes is prohibited without prior consent from SO‘USE.
B.4.4. You are obliged to comply with applicable legal provisions when using the web application. You are responsible for ensuring that you do not violate third-party rights when using the web application and that the data and information you transmit are lawful.
B.4.5. You are prohibited from (i) providing incorrect information when ordering via the web application, (ii) using the web application to store or transmit illegal, infringing, harmful to minors, insulting, or otherwise unlawful content, or to store or transmit content in violation of data protection regulations, industrial property rights, copyrights, or other third-party rights, (iii) using the web application to store or transmit malicious code, (iv) interfering with the integrity or performance of the web application and/or third-party data contained therein, and/or (v) attempting to gain unauthorized access to the web application and/or the associated systems or networks.
B.4.6. In the event of (i) an imminent or actual breach of obligations under section B.4.4 and/or B.4.5, (ii) a third-party claim of such a breach that is not obviously unfounded, and/or (iii) the assertion of not obviously unfounded third-party claims against SO‘USE to cease providing the web application in whole or in part, we are entitled to temporarily suspend your access to the web application and all other SO‘USE services in whole or in part with immediate effect, while considering your legitimate interests. We will inform you of this measure immediately.
B.4.7. You are prohibited from obtaining or using credits, vouchers, discounts, or promotional measures of any kind in an abusive manner; obtaining or using them is considered abusive if promotional conditions are bypassed, recognizable technical errors are exploited, or false facts are presented to obtain credit.
B.4.8. If you violate your obligations from the usage agreement including these T&Cs, particularly sections B.4.2, B.4.4, B.4.5, or B.4.7, SO‘USE is entitled, without prejudice to its legal rights, to (i) issue a warning giving you the opportunity to stop the misconduct, (ii) temporarily block your access to the web application or other SO‘USE services, and/or (iii) terminate the usage agreement for cause. The same applies if SO‘USE has another legitimate interest in these measures, particularly to protect SO‘USE, a cooperating Restaurateur, or other users from fraudulent activities. SO‘USE will generally warn you first and give you the chance to stop the misconduct (section B.4.8 (i)) before taking further measures under B.4.8 (ii) or (iii).
B.4.9. The application of these measures is at the reasonable discretion of SO‘USE. However, SO‘USE will appropriately consider your legitimate interests, specifically the extent to which you are at fault for a potential breach.
B.4.10. If the contract with you has been terminated for cause or if you have been temporarily excluded from using SO‘USE services, you are not entitled to continue use with a different email address or name.
B.5. Management of payment data in the web application
B.5.1. You are obliged to notify us immediately of any misuse or suspected misuse of your data or the payment function of the web application. If we suspect that your data or the payment function has been misused or there is a risk of misuse, we may block use of the web application with your data. We will inform you via email in the event of a block.
B.5.2. In addition to your statutory liability and liability under section B.4, you are liable for damages that occur if you culpably violate the above duties of care. You do not have to bear damages resulting from the use of blocked data after the block has been implemented.
B.6. Liability for the use of the web application
B.6.1. Statutory provisions apply to the liability of SO‘USE in connection with the provision of the web application. Accordingly, SO‘USE is only liable for intent and gross negligence.
B.6.2. SO‘USE is liable without limitation for damages caused to you by SO‘USE, including our employees, vicarious agents, organs, and legal representatives, as a result of intent or gross negligence.
B.6.3. In the case of slight negligence, SO‘USE, including employees, vicarious agents, organs, and legal representatives, is only liable for the violation of an essential contractual obligation and only for foreseeable damages typical for the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the contract's purpose, and on whose compliance you may regularly rely.
B.6.4. Liability limitations do not apply where guarantees have been assumed or for injury to life, body, or health. Liability under the Product Liability Act remains unaffected.
B.7. Term and termination of the usage agreement
You can terminate the usage agreement at any time; SO‘USE can terminate it with a notice period of two weeks. A simple notification in text form (e.g., via email) is sufficient for this.
PART C – TERMS FOR ORDERING GASTRONOMIC SERVICES
C.1. Formation of the guest service contract with a Restaurateur cooperating with us
C.1.1. Gastronomic services are ordered with your data via the web application. The offer to order gastronomic services is subject to the express reservation that the requested gastronomic service is available and you wish to use the service within the Restaurateur's current business hours. An order is not possible outside the business area or current business hours.
C.1.2. You can independently add tips at your own discretion via the web application. The total amount including the price for the gastronomic services and tip will be displayed before ordering and must be authorized by you.
C.1.3. The guest service contract between you and the Restaurateur is formed after you select the gastronomic services and confirm the order in the web application. Payment only occurs after the gastronomic service has been provided to you.
C.1.3. We will inform you in a suitable manner (e.g., in our booking confirmation or invoice) of the identity and address of the Restaurateur providing your gastronomic service.
C.1.4. You can correct input errors before booking. After booking, you can no longer cancel your order within the web application. Please contact the Restaurateur directly, who may cancel or change the order at their own discretion. According to statutory regulations, there is no right of withdrawal for ordering gastronomic services.
C.2. Ordering for other persons, use by minors
C.2.1. You can also order requested gastronomic services (exclusively) for third parties. You must pay the purchase price for all persons for whom you order using your user data.
C.2.2. You must inform all persons for whom you place an order of these T&Cs at the latest when ordering. You are the contact person for all claims against these persons. You are obliged to provide the names and addresses of these persons upon request so that claims against them can be enforced.
C.2.3. You can place an order for a minor as a legal guardian or with the consent of a legal guardian. You must ensure that the minor is supervised to the necessary extent and that youth protection is guaranteed regarding the consumption of gastronomic services, particularly alcohol. The Restaurateur expressly assumes no duty of supervision for the minor.
C.3. Payment for gastronomic services
C.3.1. All payment claims from the Restaurateur against you based on the order of a gastronomic service are due immediately.
C.3.2. You pay for gastronomic services and any other fees owed from or in connection with the use of gastronomic services (e.g., reimbursement claims, compensation for damages) via the web application; a payment service provider handles the processing of your payment to the Restaurateur.
C.3.3. You can use various payment methods or services in the web application.
C.3.4. If you use the payment function to settle outstanding fees for ordering a gastronomic service, your associated payment account will be charged the respective due amount via the selected payment method.
C.3.5. Refunds are generally made to the payment account used for the original payment to the Restaurateur.
C.3.6. When using third-party payment services, that provider's terms may apply in addition to these T&Cs. You may need to open a user account with the third party to use these services. We are not responsible for these services and do not offer them ourselves.
C.3.7. Additional fees may arise when using third-party payment services. The payment service provider will inform you of these. The obligation to provide you with a common and reasonable free payment option under 312a (4) BGB remains unaffected.
C.4. Gastronomic services, operational disruptions
C.4.1. A duty to provide the gastronomic services only exists if you have ordered them for a fee and fulfillment is not prevented by circumstances that were unforeseeable for the Restaurateur and for which they are not responsible, and which the Restaurateur cannot avert or remedy through reasonable effort, such as force majeure.
C.4.2. Exchange or refund of gastronomic services is not possible. Only in cases of particular hardship may the Restaurateur allow an exchange or refund of the gastronomic services for reasons of equity. Your statutory rights remain unaffected.
C.4.3. If an order cannot be carried out in full or at all, for example due to technical or operational problems or because a service is no longer available (‘faulty order’), the Restaurateur will inform you immediately (e.g., via SMS, mobile phone, or email). The purchase price will be refunded to you in this case. You can then place a new order via the web application.
C.5. Liability for gastronomic services, user liability
C.5.1. If you suffer damage as a result of intent or gross negligence by the Restaurateur, including their employees, organs, and legal representatives, in connection with the use of gastronomic services, the Restaurateur is liable without limitation.
C.5.2. In the case of slight negligence, the Restaurateur, including employees, organs, and legal representatives, is only liable for the violation of an essential contractual obligation and limited in amount to the foreseeable damages typical for the contract at the time of its conclusion. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the contract purpose, and on whose compliance you may regularly rely.
C.5.3. Otherwise, the Restaurateur is not liable.
C.5.4. The liability limitations in C.5.2 and C.5.3 do not apply where guarantees have been assumed or for injury to life, body, or health. Liability under the Product Liability Act remains unaffected.
C.5.6. In the context of using gastronomic services, you are liable for damages you culpably cause to a Restaurateur or third parties.
