The contents of LIMENDO MENU are offered in different languages for your convenience. However, only the German text version is authoritative for your contractual relationship with us.
General terms and conditions of business and use:
Welcome to Limendo Menu! Please take a moment to read the following general terms and conditions, as they govern your visit and use of our website and services.
1. SCOPE OF APPLICATION
1.1 “Limendo Menu” is an offer made available under the Internet domain https://menu.limendo.com (hereinafter: “WEB SITE”) and via mobile applications (apps for Android and IOS) (hereinafter: “LIMENDO MENU”) of Limendo Consulting vereinfachte GmbH with sole shareholder (hereinafter: “PROVIDER”), VAT number 02995110216, with registered office in 39100 Bolzano (BZ), Italy.
1.2 Your use of LIMENDO MENU is subject to the provisions of a legally binding agreement between you and the PROVIDER. This legal agreement consists of:
(a) these general terms and conditions of business and use (hereinafter referred to as “TOS”), which are available at https://limendo.menu/agb, and
The GTCs and the data protection declaration of the PROVIDER are hereinafter referred to jointly as the “PROVISIONS”.
1.3 The PROVISIONS govern the relationship between you and the PROVIDER in connection with the use of LIMENDO MENU and form an integral part of all agreements made between you and the PROVIDER in connection with the use of LIMENDO MENU. Deviating and supplementary regulations only apply if this has been expressly agreed. The PROVISIONS apply to all users of LIMENDO MENU and to all visitors of the WEBSITE, as well as to clients and suppliers of the PROVIDER.
1.4 In addition to the PROVISIONS, the use of LIMENDO MENU may be subject to other normative and contractual provisions, including those originating from third parties with whom the PROVIDER collaborates when you use their services.
1.5 The terms and conditions apply in any case, unless their validity has been expressly suspended in writing before the order is placed and their suspension has been confirmed in writing by LIMENDO MENU.
1.6 The user acknowledges and agrees that each member of the group of companies to which the PROVIDER belongs is a third party beneficiary of the PROVISIONS and that the companies concerned are entitled to rely on any arrangement of the PROVISIONS which confer an advantage (or rights) to the user and to enforce them directly.
2. ACCEPTANCE OF THE PROVISIONS
2.1 In order to use LIMENDO MENU, you must first accept the PROVISIONS. By visiting the WEBSITE and/or using LIMENDO MENU you declare that you have read the PROVISIONS in force at the time of use and that you accept them. You should print out the PROVISIONS for your records or save them locally.
2.2 You may not use LIMENDO MENU or accept the PROVISIONS if you
(a) have not yet reached the legally required age for concluding a binding contract with LIMENDO MENU, or
(b) are prohibited from receiving or using LIMENDO MENU under the laws of the country in which you reside or from which you access or use LIMENDO MENU, or are otherwise legally prohibited from doing so
3. LANGUAGE OF THE REGULATIONS
3.1 The contents of LIMENDO MENU are offered in different languages for your convenience. However, the German text version of the PROVISIONS and the contents of LIMENDO MENU is exclusively authoritative for your contractual relationship with the PROVIDER.
4. AMENDMENT OF THE TERMS AND CONDITIONS
4.1 The PROVIDER reserves the right to change the PROVISIONS in whole or in part at any time at its own discretion and without giving reasons. Should this be the case, the changes to the PROVISIONS will become effective upon publication on the WEB SITE. By using LIMENDO MENU after the changes have been published, you accept the changes to the PROVISIONS and you should check the PROVISIONS regularly for changes.
SERVICES AND SUBJECT OF THE CONTRACT
5.1 LIMENDO MENU contains software solutions for entrepreneurs and end customers in the gastronomy and e-commerce sector. The PROVIDER offers an information and transaction platform on the Internet and on an application basis, through which ordering processes and reservations can be realized. LIMENDO MENU thus serves the mediation and processing of transactions and initiates a contractual relationship.
5.2 For the purposes of these GTCs, the term “entrepreneur” shall mean any natural or legal person who acts for purposes that can be attributed to his commercial, business, craft or professional activity.
5.3 For the purposes of these GTCs, the term “end customer” shall mean any natural or legal person who acts for purposes which are outside his trade, business, craft or profession.
5.4 All service offers of the PROVIDER are subject to change and are non-binding. This also applies to price quotations. The exact scope of services and the nature of the contractual services for entrepreneurs or end customers can be found in the corresponding service descriptions, which are available at https://limendo.menu/home/ and form an integral part of these GTC. Any additional services require a separate written agreement with the PROVIDER. The PROVIDER can make changes to LIMENDO MENU and/or the WEB SITE at any time at its own discretion and provide updated versions of LIMENDO MENU and/or the WEB SITE at any time.
5.5 The transmission of data via LIMENDO MENU can – depending on the provider contract of the entrepreneur or end customer – incur costs.
5.6 The PROVIDER is entitled to show or have shown advertising within LIMENDO MENU. However, these advertisements do not disturb the operation and functionality of LIMENDO MENU. The PROVIDER is also entitled to send you information regarding innovations or offers via LIMENDO MENU.
5.7 Depending on whether you use LIMENDO MENU as an entrepreneur or as an end customer, the following specific regulations for entrepreneurs (point 6.) or for end customers (point 7.) apply to you in addition to the other regulations of these terms and conditions.
6. SPECIFIC CONTRACTUAL PROVISIONS FOR ENTREPRENEURS
6.1 LIMENDO MENU is offered as Software-as-a-Service (SaaS) for entrepreneurs. If you use LIMENDO MENU as an entrepreneur, the PROVIDER provides the contractual services as a SaaS service provider. The object of the contractual relationship between you and the PROVIDER is the temporary, non-exclusive and paid provision of software on the Internet. For this purpose, the PROVIDER stores the software on a server that can be accessed by you via the Internet and mobile applications (apps for Android and IOS). LIMENDO MENU enables you to use the information and transaction platform provided by the PROVIDER to offer your services to end customers.
6.2 The user acknowledges that the PROVIDER is not a contractual partner of the services offered by you through LIMENDO MENU. The PROVIDER accepts orders and reservations from end customers via LIMENDO MENU and passes them on to you. With the confirmation of the order and/or reservation you enter into a contractual relationship with the end consumer.
6.3 The use of LIMENDO MENU is subject to a fee for entrepreneurs and is based on a subscription contract. With the registration on the WEB SITE and/or the creation of a user account you declare bindingly that you want to use LIMENDO MENU with costs and the contract with the PROVIDER is considered to be concluded. All prices and other costs for the use of LIMENDO MENU can be viewed on the WEB SITE and are exclusive of the legally applicable taxes and/or other charges.
6.4 The subscription contract begins on the day of the conclusion of the contract and is limited to a period of one month or one year depending on the chosen subscription. It is automatically renewed for a further year in each case unless it is terminated in writing by one of the contracting parties with one month’s notice to the end of a contractual year. The cancellation of the subscription contract results in the deletion of your user account including all data. You are obliged to save your data in good time before termination of the contractual relationship on your own responsibility (e.g. by downloading). The subscription prices are secured in value and are adjusted annually with periodic invoicing according to the ASTAT consumer price index for the province of Bolzano. The adjustments are made automatically and without the need for prior notification by the PROVIDER. The PROVIDER may make the inflation adjustment either annually or subsequently for several years.
6.5 The costs for the use of LIMENDO MENU will be invoiced to you on a monthly, annual or transaction-based basis, depending on the selection you made when registering your user account. If you have chosen a monthly or annual payment, the billing will be done in advance; if you have chosen a transaction-based use of LIMENDO MENU, the corresponding costs will be billed to you monthly in retrospect.
6.6 The invoice is due at sight. You are obliged to pay the amount stated on the invoice without any deductions. Payment can be made either by credit card deposited via your user account or by the bank account associated with your user account and will be debited directly or by SEPA debit order. In order to provide the payment functions of LIMENDO MENU, the PROVIDER uses the services of the company “Stripe Inc.”. When creating a user account with LIMENDO MENU you must open your own account directly with “Stripe Inc.” in order to use the payment functions. The PROVIDER reserves the right to change the terms of payment.
6.7 Should you be in default of payment, even partially, the PROVIDER is entitled to interrupt its contractual services and to block your access to LIMENDO MENU and the existing contractual relationship is deemed to be terminated ipso iure in accordance with article 1456 of the Swiss Civil Code. In the event that the PROVIDER does not make use of the aforementioned express cancellation clause, your delay in payment will give rise to the obligation to pay interest on arrears at a rate equal to the interest rate set out in article 5 of Legislative Decree no. 231 of 9 October 2002, with interest accruing automatically and without the need for prior notice of default on the day following the expiry of the relevant payment date. In any case, the PROVIDER reserves the right to assert any other claims related to the delay in payment.
6.8 The PROVIDER may withdraw from the existing contractual relationship prematurely and without notice if insolvency proceedings are opened over your assets.
6.9 Within the scope of your use of LIMENDO MENU, you may not provide or otherwise use any content, information, offers and/or services which violate the rights of third parties (in particular in the area of data protection, competition, patent and/or trademark law and/or other industrial property rights) or violate provisions of Italian law (in particular those of public order and criminal law). The user agrees to indemnify the PROVIDER in this regard from all claims of third parties and to compensate the PROVIDER for all costs and damages that the PROVIDER may incur directly or indirectly as a result of related legal infringements.
6.10 The PROVIDER is not liable and makes no warranty or guarantee whatsoever for the content, information, offers and/or services that the user makes available to end customers in connection with the use of LIMENDO MENU. The user is solely responsible for this to the end customer. The PROVIDER accepts no liability with regard to the content and information which you specify or create in the central article database or ingredients database of LIMENDO MENU, in particular with regard to the information on allergens and their associations with certain products and/or ingredients. The type, scope, feasibility, remuneration as well as all other aspects of your services in favour of the end customer are exclusively regulated by the contractual relationship between you and the end customer concerned.
6.11 The PROVIDER is entitled to check the content created by the user at any time and at its own discretion and to remove it if necessary. The following content in particular and among others is not permitted:
(a) Content that violates copyrights, trademark or patent rights or other industrial property rights of third parties;
(b) Pornographic or sexually explicit content;
(c) Unlawful services such as prostitution, offering drugs, weapons, trafficking in human beings;
(d) depictions of violence, accidents, corpses or similar;
(e) Racist content;
(f) Misleading content or content that violates the rules of fair competition, e.g. services or products that you cannot obtain.
6.12 The PROVIDER may use any content the user has created while using LIMENDO MENU at any time for its own purposes, including for marketing purposes. To this end, you grant the PROVIDER a worldwide, non-exclusive and royalty-free license to the corresponding content and the associated rights (including copyrights, patents, trademarks and other industrial property rights). This license is perpetual and irrevocable. Any proprietary rights in the relevant content remain unaffected. Any liability of the PROVIDER in connection with the use of your content and/or rights is excluded.
7. SPECIAL CONTRACTUAL PROVISIONS FOR END CUSTOMERS
7.1 As an end customer you can use LIMENDO MENU – without prejudice to the provisions of point 5.5- free of charge to interact with the companies (hotels, restaurants, bars etc.) and to make reservations and order processes.
7.2 By using LIMENDO MENU as an end customer, you do not conclude a contract with the PROVIDER, but with the respective company with whom you interact or with whom you make and pay for reservations and orders.
7.3 Please note that LIMENDO MENU does not guarantee, warrant or assume any liability for the services which the respective company offers you through LIMENDO MENU. If you do not agree or are not satisfied with the services of the respective entrepreneur, you must contact them directly. At the bottom of LIMENDO MENU, the so-called “footer”, you can call up the data protection regulations, general terms and conditions as well as the imprint of the respective company.
7.5 Please note that the consumption of food and beverages is associated with risks, especially if you are allergic. The respective entrepreneur is solely responsible for the information on allergens and ingredients or product information contained in LIMENDO MENU. Also, it cannot be excluded that certain allergens are not displayed due to a software error. In this respect LIMENDO MENU assumes no liability.
8. YOUR USE OF LIMENDO MENU
8.1 The user may only use LIMENDO MENU within the scope of the contractually agreed upon scope of use. The user is not entitled to any further rights. Any further use requires the prior written consent of the PROVIDER.
8.2 If the user exceeds the contractually permitted use or otherwise uses LIMENDO MENU illegally or permit such a use, the PROVIDER can interrupt its contractual services and block the access to LIMENDO MENU and/or terminate the contractual relationship without further notice. In this case you are responsible for all resulting damages and/or claims of third parties and are obliged to indemnify the PROVIDER from all claims of third parties.
8.3 LIMENDO MENU is the exclusive property of the PROVIDER. By using LIMENDO MENU you do not acquire any claims or rights to LIMENDO MENU or its contents, especially not to the software or the WEBSITE. All copyrights, patents, trademarks and other industrial property rights remain with the PROVIDER. You are not allowed to copy, sell or temporarily transfer, rent or lend LIMENDO MENU, the WEBSITE and/or software of the PROVIDER or parts thereof.
8.4 The user is obliged to take all necessary and/or appropriate measures to avoid illegal or non-contractual use of LIMENDO MENU. If you recognize or should recognize that an illegal or non-contractual use is imminent, you are obliged to inform the PROVIDER immediately. The user is obliged to protect the access authorizations as well as identification and authentication information assigned to him from access by third parties and not to pass them on to unauthorized persons.
8.5 The PROVIDER is entitled to take technical or other measures at any time at his own discretion to protect against the use of LIMENDO MENU in a manner not in accordance with the contract and/or to introduce further conditions of use.
CONTENTS AND LINKS
9. LIMENDO MENU CONTENTS
9.1 All content on the WEBSITE, including but not limited to text, software, scripts, graphics, photographs, sounds, music and other interactive elements, as well as the design, process and operation, customer experience and functionality of LIMENDO MENU (hereinafter referred to as “LIMENDO MENU”): “LIMENDO MENU Contents”) are, unless rights of third parties are stated, owned by or licensed to the PROVIDER and are subject to copyrights, trademark and patent rights or other industrial property rights of the PROVIDER or its licensors.
9.2 You may only use the LIMENDO MENU contents within the scope of the contractually agreed upon scope of use. The LIMENDO MENU contents may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited without the prior written consent of the PROVIDER or its licensors. The PROVIDER reserves all rights not expressly granted to and in respect of LIMENDO MENU content.
10. HYPERLINKS TO LIMENDO MENU
10.1 The WEB SITE and LIMENDO MENU may contain hyperlinks to other websites which are neither owned nor controlled by the PROVIDER. The existence of such hyperlinks does not constitute a recommendation for the corresponding websites and the PROVIDER does not accept any liability for their content, services or other activities.
10.2 The user acknowledges and agrees that the PROVIDER is not responsible for any loss or damage the user may suffer in connection with the availability of such external websites or resources, or as a result of the user’s reliance on the completeness, accuracy or existence of any advertising, products or other materials on or available from such websites.
DISCLAIMER OF WARRANTIES
11. DISCLAIMER OF WARRANTY OF THE PROVIDER
11.1 The services of LIMENDO MENU, including the contents and services of the WEBSITE, as well as all other alias sites of the PROVIDER are provided “as is” and the PROVIDER makes no warranty or guarantee whatsoever with regard to them.
11.2 In particular and without limitation, LIMENDO MENU does not warrant or guarantee that:
– The use of LIMENDO MENU will not be interrupted and/or timely, secure and/or free from errors or malfunctions, but the PROVIDER will make every effort to restore the availability of LIMENDO MENU as soon as possible;
– Your use of LIMENDO MENU will satisfy your expectations;
– any information you obtain through the use of LIMENDO MENU is accurate or reliable;
– that errors in the operation or functionality of any software provided to you as part of the PROVIDER’s services will be corrected.
11.3 Other conditions, warranties or other terms (including any terms relating to satisfactory quality, fitness for second use, or conformity with descriptions) are also not applicable to the PROVIDER’s services, unless otherwise expressly stated in these GTCs.
11.4 The PROVIDER is not a contractual partner of the services which the contractors offer to end customers within the framework of LIMENDO MENU. The PROVIDER does not assume any warranty or other guarantee for the content, information, offers and services which the entrepreneurs make available to the end customers in connection with the use of LIMENDO MENU.
EXCLUSION/LIMITATION OF LIABILITY
12. EXCLUSION/LIMITATION OF LIABILITY OF THE PROVIDER
12.1 The PROVIDER is not liable for damages (including indirect or consequential damages, consequential damages and loss of profit) which should arise directly or indirectly from the use of LIMENDO MENU, except in cases of intent or gross negligence.
12.2 The PROVIDER accepts no responsibility for permanent or temporary errors, omissions, interruptions, deletions, defects, delays and/or suspensions in the operation, transmission and/or provision of the contents and services of LIMENDO MENU, communication line failures, unauthorised access to data or theft. Furthermore, the PROVIDER is not responsible for any problems or technical malfunctions related to the mobile internet, telephone networks or lines, online systems, servers or providers, computer equipment, software, as well as failures of e-mails or of the service provider for processing electronic payment due to technical problems or data congestion on the internet, or any combination thereof. Similarly, the PROVIDER is not liable for any changes that the PROVIDER should make to LIMENDO MENU.
12.3 The PROVIDER is not liable for any damages the user may suffer as a result of his/her reliance on the completeness, accuracy and/or existence of any advertisements and/or offers or in connection with any relationship or dealings between the user and any advertiser or sponsor whose advertisements appear in connection with the use of LIMENDO MENU.
12.4 You are solely responsible for all content, information, offers and/or services provided or otherwise used in connection with the use of LIMENDO MENU. The PROVIDER assumes no liability whatsoever in this regard and you are obliged to indemnify the PROVIDER from all claims of third parties in this regard and to compensate the PROVIDER for all costs and damages which the PROVIDER may incur directly or indirectly as a result of related legal infringements.
12.5 The PROVIDER is not liable for storage errors, deletion, loss and/or damage of data that you provide, create or receive in the context of using LIMENDO MENU.
12.6 The PROVIDER is not liable for unauthorized knowledge of personal customer data by third parties (e.g. through unauthorized access to LIMENDO MENU by hackers). The PROVIDER can also not be held liable for the misuse of content and information that the user has made available to third parties.
12.7 The PROVIDER is not liable for the content, information, offers and services which the entrepreneurs make available to end customers in connection with the use of LIMENDO MENU. The end customer is aware that the PROVIDER has no influence on the content, information, offers and services of the PROVIDER and that the PROVIDER in particular has no influence on the availability and/or processing of inquiries, reservations and/or orders. The end consumer is aware that no claims of any kind can be made against the PROVIDER with respect to the services not fulfilled by the PROVIDER or to an unexpected extent. The PROVIDER assumes no liability for contracts that did not come about.
12.8 The exclusions or limitations of liability contained in this section 12. apply regardless of whether the PROVIDER was informed of and/or was aware of the possibility of the occurrence of such claims, losses and/or damages. They also apply with regard to the liability of legal representatives and auxiliaries.
12.9 The PROVIDER’s exclusions or limitations of liability contained in this Section 12. do not apply in cases of intent or gross negligence.
TERMINATION OF CONTRACT
13. EXPLICIT CANCELLATION CLAUSE
13.1 If you should fail to comply with even one of the provisions of section 6 (Special Terms of Contract for Entrepreneurs) – and there especially the provisions under 6.6, 6.7, 6.8, 6.10 and 6.11 -, section 8 (Your use of LIMENDO MENU) – and there especially the provisions under 8.1, 8.2, 8.3 and 8.4 -, section 9 (LIMENDO MENU Content) – and there especially the provisions under 9. 2 – and/or point 12.4 (Responsibility for Content and obligation to indemnify), this will constitute a serious and material breach of the contract in accordance with article 1455 of the Civil Code and will ipso iure result in the termination of the contractual relationship between you and the PROVIDER in accordance with article 1456 of the Civil Code, without prejudice to the assertion of further claims and the compensation of all damages. In the event of premature termination of the contractual relationship in accordance with the provisions of this point, the user is in any case obliged to pay for the services used up to the time of termination of the contract.
14. APPLICABLE LAW
14.1 All relations between the Parties, including these GTC, shall be governed by Italian law, to the exclusion of its conflict of laws provisions. Any mandatory consumer protection provisions that may be applicable shall remain unaffected by this choice of law clause.
15. PLACE OF JURISDICTION
15.1 The exclusive place of jurisdiction for all disputes arising from and in connection with the relations between the parties to the contract, including these GTC, is Bolzano, Italy. Any mandatory consumer protection provisions that may be applicable shall remain unaffected by this agreement on jurisdiction.
16. PLACE OF PERFORMANCE
16.1 The place of performance for all contractual services is the legal domicile of the PROVIDER.
17. SEVERABILITY CLAUSE
17.1 Should one or more provisions of these GTCs be or become invalid and/or ineffective, the validity and effectiveness of the remaining provisions shall not be affected.
18.1 If you breach the provisions of these GTCs, any acquiescence by the PROVIDER in such breach shall not in any event entail any waiver by the PROVIDER of its rights and other effects under the relevant provisions or any waiver of the right to full performance of the obligations and conditions of the contractual relationship and/or these GTCs.
For the purposes and effects of articles 1341 and 1342 of the Italian Civil Code, the user of the WEBSITE or LIMENDO MENU declares that he/she has read the following clauses and provisions of these general terms and conditions and accepts them individually and specifically:
Point 1.6 (Third party beneficiary of the PROVISIONS),
Points 2.1 and 2.2 (acceptance of the provisions),
Point 4.1 (Amendments to the PROVISIONS), Point 5.4 (Services offered and scope of services),
Point 5.6 (Advertising),
Point 6.2 (Disclaimer for services offered),
Point 6.3 (Liability for costs),
Point 6.4 (Conclusion and duration of the contract, termination, adjustment of the subscription price, deletion of the data stock upon termination of the contract),
Point 6.5 (invoicing),
Point 6.6 (Due date of the invoice and methods of payment),
Point 6.7 (late payment, interest on arrears, express cancellation clause),
Point 6.8 (Right of withdrawal of the PROVIDER),
Point 6.9 (Obligation to indemnify the PROVIDER against claims of third parties),
Point 6.10 (exclusion of warranty and liability),
Point 6.11 (Non-permitted content), Point 6.12 (Provider’s rights in connection with User content), Point 7.3 (Exclusion of warranty and liability),
Point 7.4 (Use of tracking services),
Point 7.5 (exclusion of liability),
Point 8.2 (PROVIDER’s right to discontinue the services and terminate the contract and the user’s obligation to indemnify),
Point 8.3 (restrictions of use),
Point 8.4 (Duties of the user)
Point 9.2 (Restrictions on use),
Points 10.1 and 10.2 (exclusion of liability),
Points 11.1, 11.2, 11.3 and 11.4 (exclusion of warranty),
Points 12.1, 12.2., 12.3, 12.4, 12.5, 12.6, 12.7, 12.8 (exclusion or limitation of liability)
Point 13.1 (Explicit cancellation clause),
Point 14.1 (Applicable law),
Point 15.1 (agreement on jurisdiction),
Point 16.1 (place of performance),
Point 18.1 (acquiescence).