1. Preamble
1.1 Hamburg Access Technologies HAT GmbH (hereinafter referred to as Valooba) provides with Valooba a software solution for the mediation of catering services and various service offers (hereinafter referred to as Services) for catering businesses (hereinafter referred to as Partners), which is used via the Valooba website or App (hereinafter referred to as App).
1.2 Users of the App (hereinafter referred to as Customers) can use the App to order and pay for e.g. services of the Partner for on-site consumption or for take-away. The contract for the services is concluded exclusively between the Partner and the Customer.
1.3 Between the Partner and the Customer, the Partner's domiciliary rights and the German Restaurant Act (GastG) shall apply.
1.4 Valooba is entitled to change the GTC at any time with a notice period of two weeks. The Partner is entitled to a special right of termination within two weeks after announcement of the change.
2. Contract and term
2.1 The contract between the Partner and Valooba is concluded for an indefinite period of time.
2.2 The contract can be terminated at any time by one of the parties with a notice period of one month to the end of the month.
3. Software
3.1 Valooba shall provide the Partner with the software required to use the Service (hereinafter referred to as Application) during the term of the Agreement.
4. Services
4.1 Valooba enables the Partner to allow customers to purchase a service contactless via app and to pay for it directly. For this purpose, Valooba offers the Partner the possibility to digitally present the entire ordering and service provision process via App. The customer can view, order and pay for the complete range of services previously set by the partner in his app.
4.2 Valooba is entitled to display advertisements within the App itself or through third parties. However, these advertisements shall not interfere with the operation and functionality of the App. Valooba is also entitled to send information regarding innovations or offers to the customer via the app.
4.3 Valooba guarantees the accessibility and availability of the App at 99% on an annual average.
4.4 Our Terms of Use (AUP) www.valooba.com/pages/aup shall apply to the Partner for the provision of the Services.
5. Settlement of the services
5.1 Valooba mediates services between customer and partner via the app. Valooba is not a contractual partner of the customer and also not responsible for the fulfillment of the Services.
5.2 The Partner may only offer Services via the App to Customers that are legal under German law. No tobacco products or CBT products may be offered.
5.3 In case of alcoholic products, Valooba shall mark them with "16+" or "18+". The partner is obliged to verify the age of the customer when handing out these products.
6. Payment transactions
6.1 In case of services paid by the customer via the app, Valooba acts as the partner's collection agent. Payments made through the App shall be treated as if the Customer has made payment directly to the Partner.
6.2 Valooba uses one or more payment service providers (hereinafter referred to as payment service providers) for the collection and forwarding of the claim, which pay out the proceeds to the partner at the agreed frequency less any fees incurred. It is therefore a prerequisite that the Partner enters into an acceptance and merchant agreement with the payment service provider in addition to the agreement with Valooba. In this case, the general terms and conditions of the payment service providers shall also apply in addition to these GTC.
6.3 Valooba is not liable for errors of the payment service providers.
7. Remuneration
7.1.For the services of Valooba, Valooba receives a corresponding remuneration from the payment service provider. Therefore, the Partner does not incur any direct fees for the use of Valooba.
7.2.Tips will be paid to the Partner once a month by Valooba via bank transfer.
8. Declaration of confidentiality
8.1 The parties are obliged to keep the content of the obtained confidential information about the other party confidential and not to make it available to third parties without the express consent of the other party. This obligation shall continue to apply even after termination of the contract. Excluded from this is information that is already public knowledge.
8.2 The data transmitted by the Partner to Valooba in the course of the provision of the Service may be evaluated by Valooba and used for billing and improvement of the Service and shared with third parties. The Partner expressly agrees to the use of this data.
9.** Data protection**
The parties undertake to comply with the applicable data protection regulations.
10. Liability
10.1 Claims of the Partner for damages are excluded. Excluded from this are claims for damages of the Partner arising from injury to life, body, health or from the breach of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by Valooba, our legal representatives or our vicarious agents. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on whose compliance the partner may regularly rely.
10.2 In case of breach of material contractual obligations, Valooba shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to body, health or life.
10.3 The limitations of this paragraph shall also apply in favor of Valooba's legal representatives and vicarious agents, provided that the claims are asserted directly against them.
10.4 Claims from the ProdHaftG remain unaffected.
11. Reference and Advertising
11.1 Valooba may name the Partner in its communication online and offline as reference customer, use the respective logo and show and name it in product presentations.
11.2 The Partner may use the logo of Valooba for advertising purposes inside and outside the company.
12. Place of Performance and Jurisdiction Agreement
12.1 For contracts with entrepreneurs Hamburg is agreed upon as place of performance. Exclusive place of jurisdiction for such contracts is Hamburg.
12.2 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.