Last update: 28. April 2018
- If services or products are provided by cooperation partners or third parties, the terms and conditions of the partner/third party may also apply. The user will be separately informed of this before the use of such services or receipt of the products. If third-party services or products are conveyed to the user through the App or the website, the contractual relationship for such services or products only arises and applies between the user and the third party.
- Contractual conclusion
- With its registration on the App or the website, the user makes an offer to enter into a user contract with Kerstin Knüpfer, Vegan Paradise. This proposal will be accepted by Vegan Paradise by means of a confirmation email to the user. Kerstin Knuepfer, Vegan Paradise has the right to refuse the offer without stating reasons.
- The offers and services of the App and the website are freely available to everyone, subject to applicable terms. Use is free of charge, unless payment is indicated for individual services and the user agrees to the terms that apply to such paid services and/or Kerstin Knuepfer, Vegan Paradise and the user conclude a contract. For the use of certain services and offers, the user must have previously registered (which will involve providing information relating to the user).
- The App and the website offer the user, among other things, the opportunity to post evaluations of restaurants with vegan offerings by awarding stars and/or with written comments. If a restaurant (or the institution responsible for it) no longer wishes to participate in the evaluation forum, Kerstin Knuepfer, Vegan Paradise has the right, but is not obligated, to remove the restaurant concerned from it and to remove the comments and evaluations published to date.
- Restrictions; User Content
- Each user must be a natural person. No corporate or organizational accounts are authorized.
- Each user may access the App and/or the website strictly for the purpose of obtaining information about establishments reviewed using the App or the website or reviewing or providing truthful information about such establishments.
- Each user must comply with applicable law and not use the App or the website illegal purposes. Any creation, provision of public access, distribution and/or transference of content that is illegal, pornographic, glorifying violence, discriminating, infringing against common decency, anticompetitive, insulting, disparaging, libellous and/or injurious to the rights of third parties (such as creator, trademark, personality, and/or image rights), or false factual claims using the App or the website are prohibited.
- Where the user posts or otherwise provides text, comments, images, or other works of authorship or similar material (“User Content”) using the App or the website, the user grants to Kerstin Knuepfer, Vegan Paradise a non-exclusive, worldwide, perpetual, fully-paid, royalty-free right (with right to sublicense) to reproduce, make derivative works of, display, perform, transmit, and otherwise use such User Content in connection with the App or website or otherwise in Kerstin Knuepfer, Vegan Paradise’s business and (b) (a) represents and warrants to Kerstin Knuepfer, Vegan Paradise that the user has all rights in such User Content necessary to grant such license.
- Each user represents and warrants to Kerstin Knuepfer, Vegan Paradise that all User Content, ratings, feedback, and other content provided through the App and/or the website constitutes the user’s own impressions and truthful opinions based on the user’s own direct and personal experience.
- Users may not use the App, the website, or any content available through either, for commercial purposes.
- Users may not:
- Use the App or the website to send unrequested content to other users or the public (spamming and comparable practices);
- Use any robot, spider or other automatic device, process or means to access the App or the website for any purpose, including monitoring or copying any of the material available through the App or the website;
- Introduce any virus, Trojan horse, worm, logic bomb, spyware or other malicious or technologically harmful material;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the App, the website, or any network, server, computer, equipment or database connected to the App or the website;
- Attack the App or the website using a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the App or the website.
- No user may engage in any act intended to, or that does, impair or damage the App or the website or restrict or lessen the availability of the App or the website to other users (such as, but not limited to, disproportionate use, denial-of-service attacks, or similar activities).
- No user may access the content available through the App or website in quantities, or in ways, greater than that required for normal individual use of the App or the website. Mass download of data, scraping, or access by automated means is prohibited.
- The user is obligated to keep its password secret and to carefully protect its access data. The user must also immediately inform Kerstin Knuepfer, Vegan Paradise if there is reason to believe that the user’s data is being misused by a third party. Kerstin Knuepfer, Vegan Paradise will not give the password of a user to a third party and will never ask the user for the password in an email or over the phone. The user is liable for all activities that are performed through the user’s account.
- Kerstin Knuepfer, Vegan Paradise believes that the Kerstin Knuepfer, Vegan Paradise-supplied content of the App and website (such as addresses, opening hours, prices, etc.) are accurate and timely, but does not guarantee such accuracy, completeness and timeliness. Consequently, Kerstin Knuepfer, Vegan Paradise assumes no liability should information be inaccurate, incompleteness or not available in a timely manner.
- If the user arrives at external Internet sites through links in the App or the website the responsibility belongs exclusively to the providers of those sites. Kerstin Knuepfer, Vegan Paradise bears no responsibility for the contents of those sites. Any liability or guarantee by Kerstin Knuepfer, Vegan Paradise for the contents of the linked sites is excluded. Kerstin Knuepfer, Vegan Paradise has no influence on current and future alterations of the linked sites.
- Kerstin Knuepfer, Vegan Paradise also takes no responsibility for the contents of banners and other advertising surfaces. Any liability or guarantee with regard to these contents is excluded.
- Limitation of liability (Europe)
- Except as stated in 6.1 above or where European law or the law of an EU member state requires otherwise, the limitations in Section 7 apply.
- Limitation of liability (Generally)
- The following limitations of liability apply except where otherwise required by local law.
- KERSTIN KNUEPFER, VEGAN PARADISE DOES NOT INVESTIGATE OR VET ANY USERS OF THE APP OR THE WEBSITE. EACH USER SHOULD NOT ASSUME THAT ANY INFORMATION RECEIVED THROUGH THE APP OR THE WEBSITE FROM ANY OTHER PERSON IS TRUE, ACCURATE, OR VERIFIED BY ANYONE. EACH USER USES THE APP AND THE WEBSITE AT THE USER’S OWN RISK. KERSTIN KNUEPFER, VEGAN PARADISE IS NOT, AND WILL NOT BE, LIABLE TO ANY USER FOR ANY DAMAGES, COSTS, SUITS, ACTIONS, LOSSES, OR ANY OTHER HARM THAT RESULTS FROM ANY ACT OR OMISSION OF ANY OTHER PERSON, WHETHER A USER OF A RESOURCE OR OTHERWISE.
- IN PARTICULAR, NO USER SHOULD RELY UPON ANY INFORMATION THROUGH THE APP OR THE WEBSITE WITH RESPECT TO FOOD ALLERGIES, NUTRITIONAL INFORMATION, HEALTH CLAIMS, OR SIMILAR MATTERS.
- EACH USER’S USE OF THE APP OR THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR THE WEBSITE IS AT THE USER’S OWN RISK. THE APP, THE WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, NON-INTERFERENCE, AND FITNESS FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER KERSTIN KNUEPFER, VEGAN PARADISE NOR ANY PERSON ASSOCIATED WITH KERSTIN KNUEPFER, VEGAN PARADISE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP OR THE WEBSITE OR REPRESENTS OR WARRANTS THAT THE APP OR THE WEBSITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR THE WEBSITE WILL OTHERWISE MEET ANY USER’S OR EXPECTATIONS.
- IN NO EVENT WILL KERSTIN KNUEPFER, VEGAN PARADISE OR ANY OF KERSTIN KNUEPFER, VEGAN PARADISE’S DIRECT OR INDIRECT AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR DAMAGES OR OTHER LIABILITY OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH, ANY USE OF, OR INABILITY TO USE, THE APP OR THE WEBSITE, ANY WEBSITE OR OTHER RESOURCE LINKED TO IT, ANY CONTENT ON ANY RESOURCE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY RESOURCE OR SUCH OTHER WEBSITES OR RESOURCE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE,.
- Data protection
- Kerstin Knuepfer, Vegan Paradise observes the statutory data protection provisions. The user’s data will be treated as confidential and Kerstin Knuepfer, Vegan Paradise will take appropriate measures to protect that data. Disclosure to a third party will only occur if this is permitted by the statutory data protection provisions or if the user consents. The privacy statement from Kerstin Knuepfer, Vegan Paradise for the App and the website applies.
- Term of agreement
- Save to the extent the parties have made special agreements regarding the term and termination of a contract for services ordered by the user, the contractual relationship may be ended by either party at any time without the designation of a reason.
- Termination periods for individual paid services rendered by Kerstin Knuepfer, Vegan Paradise are shown in the respective special agreements.
- Even if special agreements regarding the term and termination are present, each party has the right to terminate the contractual relationship without termination period in the case of material breach of the applicable contract terms.
- After the end of the applicable termination period, Kerstin Knuepfer, Vegan Paradise will block the user’s access to the App and/or the website and may delete the user’s data. Kerstin Knuepfer, Vegan Paradise reserves the right to continue to use the contents (such as comments and evaluations) posted by the user to the App or the website in an anonymised form.
- Other provisions
- In the event that the contract concerned is classified as a commercial business transaction for both parties, Munich is agreed as the place of fulfilment and exclusive place of court jurisdiction; Kerstin Knuepfer, Vegan Paradise also has the right to file a suit at the user’s location. Mandatory statutory jurisdiction shall remain unaffected.
- The law of the Federal Republic of Germany shall apply. However, this choice of law is only valid with regard to consumers to the extent that they are not deprived of the protection granted by mandatory provisions of the law of the country in which the consumer has their customary residence. The UN Convention on the International Sale of Goods (CISG) is excluded.
- The provisions of this Section 11.3 apply to all users except those in the United States. Only the German language is available for conclusion of contract. If a user does not understand the language of the terms presented, the user must not proceed with entry into that contract and Kerstin Knuepfer, Vegan Paradise shall not be liable nor otherwise deprived of any protection due to the user’s failure to understand the language of the presented terms.
- Right of cancellation for consumers
- Right of cancellation
The user has the right to cancel a contract with Kerstin Knuepfer, Vegan Paradise entered into online or via other electronic communication without giving a reason within fourteen days. The cancellation period is fourteen days from the date of entry into the contract. To use the right of cancellation, the user must inform Kerstin Knuepfer, Vegan Paradise at:
by means of a clear declaration (such as with a letter sent by post or email) of its decision to cancel this contract. The user may use the attached sample cancellation form, but this is not mandatory.
The deadline for cancellation is deemed met if the user sends the communication regarding the use of the right of cancellation before the end of the cancellation period.
- Consequences of cancellation
If the user cancels a contract for products or services, Kerstin Knuepfer, Vegan Paradise must return all payments that it has received from the user in respect of the cancelled products and services, including delivery costs (with the exception of additional costs resulting if the user selected a type of delivery other than the standard delivery offered by us), immediately and no later than fourteen days after the day that we received the communication regarding the cancellation of this contract. For this reimbursement, we will use the same method of payment that the user used in the original transaction, unless something else was explicitly agreed with the user; in no case shall the user be charged a fee for this reimbursement.
If the user requested that a paid service should begin during the cancellation period, the user must pay us an appropriate amount, which shall correspond to the portion of the paid service provided up to the time that the user informed us that they would use the right of cancellation with regard to this contract in relation to the total extent of the paid service intended in the contract.
- Suspension of the right of cancellation
The right of cancellation does not exist if the user acts in performance of his commercial or self-employed professional activity and should thus be seen as an operator in the sense of § 14 of the German Civil Code (BGB).
- Additional important information
The user explicitly agrees that we will begin to deliver digital contents (such as an app) before the end of the cancellation period. The user is aware that this causes his right of cancellation to lapse.
- Sample cancellation form:
I/We (*) hereby cancel the contract concluded by myself/ourselves (*) regarding the performance of the following Service (*):
– Ordered on (*)/received on (*):
– Name of the consumer(s):
– Address of the consumer(s):
Signature of the consumer(s) (only for communications on paper)
- Information regarding online disputes
- In accordance with the 2013/11/EU guidelines, the EU Commission has established an Internet platform for settling disputes (“OS platform”) between companies and consumers online. This can be reached under the following link: http://ec.europa.eu/consumers/odr