Terms & conditions
General Terms and Conditions of Kinza GmbH
Contractual Partner
Based on these General Terms and Conditions (GTC), a contract is concluded between the Customer, who is not a consumer within the meaning of § 13 of the German Civil Code (BGB), but an entrepreneur (natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity (§ 14 BGB)), and
Kinza GmbH
Product: MealMenu
Röderbergweg 118
60385 Frankfurt am Main
Germany
E-mail: info@meal-menu.com
Our general terms and conditions apply exclusively. Any conflicting or deviating terms and conditions of the Customer shall not apply unless Kinza GmbH expressly agrees to their application in writing or the Customer's terms and conditions do not conflict with these Terms and Conditions.
Kinza GmbH reserves the right to request the sending of certain official documents, including but not limited to a copy of the identity card, a business registration or an excerpt from the commercial register, and further data in order to identify the contractual partner. In case of refusal of these documents and data by the potential contract partner, no contract will be concluded. In principle, however, Kinza GmbH is not obliged to verify the identity of the customer.
Subject matter of the contract
Subject matter of the contract is the internet and browser-based menu website, callable via QR code, which is provided by Kinza GmbH for service facilities such as restaurants. The scope of functions includes the functions listed in the general program description on the website https://meal-menu.com. Kinza GmbH is entitled at any time to change services provided free of charge on the website, to make new services available free of charge or against payment and to discontinue the provision of free services. Kinza GmbH shall consider the legitimate interests of the Customer in each case.
If damages of the Customer result from the loss of data, MealMenu shall not be liable for such damages, provided that the damages could have been avoided by a regular and complete backup of all relevant data by the Customer. The customer will carry out a regular and complete data backup himself or have it carried out by a third party and is solely responsible for this.
§ 1 Validity and amendment of the terms and conditions
1.1 The following general terms and conditions (hereinafter referred to as "GTC") shall apply to all present and future services provided by Kinza GmbH. This shall also apply if Kinza GmbH does not refer the Customer to these GTC again in subsequent transactions.
1.2 Kinza GmbH shall provide services exclusively in accordance with these GTC, the service description, the software usage agreement and the announced prices or the prices available on the website https://meal-menu.com (hereinafter referred to as "Website").
1.3 Terms and conditions of the Customer shall not become part of the contract in any case, even if Kinza GmbH does not expressly object to them again. Rather, these GTC shall apply exclusively in any case.
1.4 Notifications concerning the contractual relationship, in particular amendments to these GTC or notices of amendments, may be sent to the e-mail address designated by the Customer.
1.5 Changes to the GTC, the service description or the software usage contract shall be submitted to the Customer as an offer. If the Customer does not respond to the notification of the changes or does not object within 6 weeks after receipt of the change offer, a contract shall be concluded under the changed terms and conditions, provided that Kinza GmbH has expressly pointed out this consequence to the Customer in the change offer.
1.6 In case of access to the offer of Kinza GmbH via a mobile terminal (e.g. cell phone), the limitations of the displayability by this terminal (e.g. due to the screen size) shall be taken into account and data shall be verified, if necessary, by using a computer screen of usual size (currently at least 17 inch screen diagonal).
1.7 In providing the contractually agreed services, Kinza GmbH is free to choose the technical means, in particular regarding the technology and infrastructure used. Kinza GmbH is entitled to change the technical means, in particular the technology and infrastructure, as well as the web host, provided that no legitimate concerns of the Customer are opposed thereto. In this case, the Customer shall perform the necessary cooperation actions, as far as reasonable.
§ 2 Conclusion of contract and end of contract
2.1 These General Terms and Conditions shall apply to the contract. If an individual agreement with the Customer deviates from the provisions of the general terms and conditions, this agreement shall prevail according to § 305b BGB. An individual agreement deviating from the general terms and conditions shall be valid if this agreement is available in written contract form or has been clearly confirmed by Kinza GmbH via email. Kinza GmbH reserves the right to change these General Terms and Conditions at any time, if there is an important reason for doing so. Kinza GmbH shall notify the Customer of such changes by email at least 30 days prior to the planned effective date of the changes. Kinza GmbH will indicate which specific passages of the GTC are to be changed. If the Customer does not object within 30 days from receipt of the notification and continues to use the Website even after expiration of the objection period, the amendments shall be deemed to have been effectively agreed upon as of the expiration of the objection period.
2.2 The contract shall be concluded exclusively in electronic business transactions via the registration system of the website https://meal-menu.com. In this context, the presented offers represent a non-binding invitation to submit an offer through the Customer's order, which the Provider may then accept.
2.3 Kinza GmbH is entitled to refuse the conclusion of a contract or the provision of services if the Customer provides false information or if there are indications that the Customer is unable or unwilling to meet its obligations under the contract.
2.4 The subject matter of the contract is recurring/permanent services. The Contract with Kinza Ltd. is concluded for an indefinite period of time and is valid until one of the Contracting Parties terminates the Contract. Each Contracting Party has the right to terminate the Contract with a notice period of 1 month to the end of the month without giving any reason. The right to extraordinary termination for good cause, in particular the repeated violation of the main contractual obligations remains unaffected. The termination shall only be effective if it is made in text form.
2.5 Termination without notice is only possible for good cause. Such cause shall be deemed to exist for Kinza GmbH in particular if it is determined that services are being misused. If there is an important reason, Kinza GmbH shall also be entitled to block the Customer's access authorization to Kinza GmbH services with immediate effect, unless other special regulations apply. If the continuation of the contract as a whole is unreasonable, a breach with regard to individual services may result in the termination of all services and the entire contractual relationship. This usually requires, in addition to a particularly serious violation, the prior unsuccessful warning of the customer.
2.6 In case of termination for cause by Kinza GmbH, Kinza GmbH shall be entitled to demand the amount stated in the price list. The Customer shall have the right to prove that Kinza GmbH has not incurred any damage at all or that the actual damage is significantly lower than this amount. Kinza GmbH shall have the right to prove a higher damage.
§ 3 Prices
3.1 The price shall be based on the price announcement valid at the time of the conclusion of the contract prior to the respective call made and not on the prices indicated on the web page.
3.2 The prices refer exclusively to the service provided by Kinza GmbH. Costs arising from dialing the server of Kinza GmbH are not included. Kinza GmbH has no influence on these costs, which result from the Customer's agreement with his telephone partner. Kinza GmbH shall not be liable for any costs incurred by third party providers.
3.3 Prices include the statutory value added tax.
3.4 The registration on the website of Kinza GmbH does not cause any costs for the customer.
3.5 In the event of a change in the statutory VAT rate, Kinza GmbH shall be entitled to adjust or increase the fees for services provided or rendered within the scope of continuing obligations accordingly as of the time the change in the VAT rate becomes effective.
§ 4 Right of Use
4.1 Kinza GmbH grants the Customer and its employees the non-exclusive and non-transferable right to use the access to the Website specified in this Agreement for the duration of the Agreement within the scope of the functionality associated with the Software as intended. The product description in its version valid at the time of the conclusion of the contract is part of the user contract. If Kinza GmbH provides new services or further develops already existing services, they will be announced through the usual channels and added to the part of the user contract.
4.2 The Customer is obligated to keep the access authorizations assigned to him and other Users secret, not to disclose them to unauthorized persons and to protect them from access by third parties. If the Customer suspects that unauthorized persons have received access data and/or passwords, the Customer shall immediately inform Kinza GmbH thereof.
4.3 In case of an unauthorized transfer of use or a culpable enabling of the use of MealMenu, Kinza GmbH has the possibility to claim damages.
4.4 The Customer shall not misuse MealMenu or allow it to be misused, in particular not to transmit any information with immoral or illegal content and not to use MealMenu to offer illegal services or goods. In addition, the Customer is required to point out such information that serves the purpose of incitement of the people, incites to criminal acts or glorifies or trivializes violence, is sexually offensive or pornographic, is capable of seriously endangering children or adolescents morally or impairing their well-being or may damage the reputation of Kinza GmbH.
4.5 The texts and graphics, which the Customer uploads to MealMenu, may not violate any applicable copyrights of third parties.
§ 5. Payments
5.1 Payment shall be made by invoice. The customer may make payment by the following methods: Direct debit, bank transfer.
5.2 If the Customer is in default of payment, the Provider reserves the right to charge the Customer reminder fees. In all other respects, the statutory rules concerning the consequences of default in payment shall apply.
5.3 The Customer may only exercise a right of retention against the Provider if its claims result from the same contractual relationship.
5.4 The customer shall only be permitted to offset counterclaims that have been legally established, are undisputed or have been acknowledged by the provider in writing.
5.5 The Customer is obligated to immediately notify Kinza GmbH of any defects in contractual services. If the Customer fails to notify Kinza GmbH in due time for reasons for which the Customer is responsible, this shall constitute contributory negligence. As far as Kinza GmbH was not able to remedy the situation by omission or delay of the notification, the Customer shall not be entitled to reduce the usage fee of the contract in whole or in part, to claim compensation for the damage caused by the defect or to terminate the contract extraordinarily due to the defect.
5.6 During the period of validity of this contract, Kinza GmbH is authorized to process and use the Customer's data within the scope permitted by data protection law. This right shall cease upon termination of the user contract. Kinza GmbH will carry out the deletion of the data within the legal obligation after the end of the contract. The data can be handed over to the Customer on a data carrier against reimbursement of costs.
§ 6 Performance limitations and warranty
6.1 Kinza GmbH shall meet all reasonable expectations to ensure the accessibility of the Website. Excluded from this are restrictions due to maintenance work or the making of updates and improvements. Further excluded are periods of disruption caused by the condition of the infrastructure not to be provided by Kinza GmbH or its vicarious agents and periods of disruption not caused by Kinza GmbH or its vicarious agents.
6.2 The Customer acknowledges that access to the website of MealMenu may occasionally be restricted in order to enable repairs, maintenance work or the introduction of new functions or services.
6.3 Claims for compensation of the customer are limited according to §7 No. 7.3, 7.5, 7.6 and 7.7.
6.4 Kinza GmbH's obligation to indemnify according to §7 No. 7.1, 7.2 and 7.4 shall remain unaffected by the above provisions.
6.5 If a complaint is not based on an error of Kinza GmbH and if this was recognizable for the Customer with the due diligence required for the Customer, Kinza GmbH may charge a fee for the effort incurred by Kinza GmbH for the error search. This expense fee will be calculated according to the working time required.
§ 7 Limitation of Liability
7.1 Kinza GmbH shall be liable without limitation for culpable injury to life, body and health.
7.2 For a grossly negligent or intentional breach of duty Kinza GmbH shall be liable without limitation for its employees as well as legal representatives and vicarious agents.
7.3 Kinza GmbH shall otherwise only be liable for slight negligence within the scope of essential contractual obligations (compliance with which is of particular importance for the achievement of the purpose of the contract). In case of a slightly negligent breach of an essential contractual obligation Kinza GmbH's liability shall be limited to 500 Euro.
7.4 Liability under product liability law shall remain unrestricted.
7.5 In the event of data loss at the Customer's site within the scope of Kinza GmbH's services, Kinza GmbH shall be liable for damages for which Kinza GmbH is responsible only to the extent that the Customer backs up its data in application-adequate intervals and in a suitable form so that such data can be restored with reasonable effort.
7.6 Towards the entirety of the customers, the liability according to §44a (TKG) is limited to EURO 10,000,000.00 per damage-causing event. If the amounts to be paid to several customers due to the same event exceed the maximum limit, the compensation shall be reduced in the same proportion as the sum of all claims for damages bears to the maximum limit. The limitation of liability shall not apply if the damage was caused intentionally. In all other respects liability is excluded.
7.7 Should the service be unavailable or faulty for technical reasons, Kinza GmbH shall not be liable for any losses or lost profits.
§ 8 Duties of the Customer
8.1 The use of the services of Kinza GmbH is possible for any person with the knowledge of email address and password. Therefore, the Customer is obliged to pay attention to the confidentiality of these data with the required increased diligence in order to prevent misuse.
8.2 If the customer knows, or should have known with due diligence, that his data is misused, he has to inform Kinza GmbH immediately.
8.3 The Customer shall immediately inform Kinza GmbH of any change of email address or account/credit card data in case of a direct debit authorization.
8.4 In case of automatic debit, the Customer shall ensure that the account is covered accordingly.
8.5 The Customer is not entitled to offer the services of Kinza GmbH on a commercial basis without the express written consent of Kinza GmbH.
8.6 In case of a culpable violation of No. 8.4 by the customer, the customer shall be obliged to pay Kinza GmbH a contractual penalty of up to 500 Euro. Kinza GmbH reserves the right to claim further damages.
§ 9 Data Protection, Data Processing
9.1 Pursuant to §33 para. 1 of the German Federal Data Protection Act, the Customer is hereby informed that Kinza GmbH collects, processes and uses personal data of its Customers within the framework provided by the statutory provisions, which are necessary for the establishment and amendment of the framework agreements.
9.2 Insofar as Kinza GmbH uses third parties to provide the services offered, Kinza GmbH shall be entitled to disclose the subscriber data if this is necessary to provide the service.
9.3 Kinza GmbH shall ensure that all persons entrusted by Kinza GmbH with the processing of services are aware of and comply with the data protection regulations in their currently valid version.
9.4 Kinza GmbH shall be entitled and obligated to store data for the purpose of establishing, structuring the content of, amending or terminating the contractual relationship (inventory data). Kinza GmbH may use the inventory data according to §95 para. 2 of the German Telecommunications Act (TKG) to send text or picture messages (e.g. SMS/MMS) to the Customer for consulting purposes, for advertising its own offers as well as for market research. The customer may object to the sending of this data at any time in writing or electronically. Corresponding messages to the Customer by email will only be sent by Kinza GmbH if the Customer has consented to this use.
§ 10 Right of revocation
CANCELLATION POLICY
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have used or has used the service.
To exercise your right of withdrawal, you must contact us by:
Address: Kinza GmbH, Röderbergweg 118, 60385 Frankfurt am Main,
Fax: +496996744620,
e-mail: info@meal-menu.com
by means of a clear declaration (letter, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
CONSEQUENCES OF REVOCATION:
If you revoke this contract, we must refund all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. Note: If you revoke the contract, this concerns the contract as a whole.
Sample cancellation form (If you wish to cancel the contract, please complete and return this form):
Address: Kinza GmbH, Röderbergweg 118, 60385 Frankfurt am Main, Germany.
Fax: +496996744620
E-mail: info@meal-menu.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following services (*)
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s):
Date:
Delete as applicable.
§ 11 Applicable Law, Partial Invalidity
11.1 The entire legal relationship between Kinza GmbH and the Customer shall be governed by German law. The provisions of the Introductory Act to the German Civil Code (Einführungsgesetz zum BGB) on applicable law shall only apply to the extent that this results in the application of German law to the exclusion of the UN Convention on the International Sale of Goods (CISG).
11.2 Should any provision in these Terms and Conditions or any provision in supplementary agreements be or become invalid, this shall not affect the validity of the remaining provisions.
Status: 28.09.2022
Annex 1: Description of services