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Conditions of Use

-> for customers
-> for businesses


GENERAL TERMS AND CONDITIONS
FOR MYROUND.EU/MEINERUNDE.DE (CUSTOMERS)


1) General
By registering with www.myround.eu, www.my-round.eu, www.meine-runde.de, www.meinerunde.de (hereinafter: MR), the customer accepts the General Terms and Conditions listed below. They shall comprise part of all contracts (whether free of charge or on a fee basis) concluded between the customer and MR. Furthermore, they represent the conditions under which the customer shall utilise the services offered by MR.

2) Performance
(1) MR operates a voucher portal in the Internet that allows customers to purchase vouchers for up to three drinks at a participating restaurant or bar and send them to friends, family members, or acquaintances by e-mail.
(2) MR shall be authorised to entrust third parties to fulfil some or all of these duties, provided this does not result in a material disadvantage for the customer.
3) It is prohibited to issue vouchers containing alcoholic drinks or vouchers that require entry into a smokers’ area (e.g. premises where smoking is permitted) to persons under 18 years of age (or the local drinking age, if greater than 18 years), or to allow persons under 18 years of age to redeem such vouchers. The service is not valid where prohibited by law.

3) Contract term and payment
(1) A contract between MR and the customer shall be formed when the customer orders a voucher, provided the customer is at least 18 years of age. MR shall be authorised to verify the customer’s information based on official documents which the customer must provide to MR upon request.
(2) Should the total value of a transaction be less than EUR 10.00, MR shall be entitled to charge a service fee of EUR 0.25 (in words: twenty-five euro cents) per purchase transaction, including statutory VAT (a transaction may consist of any number of vouchers/drinks).
(3) The valid price at the time a voucher is purchased shall be the relevant price for this contract and the basis for subsequent settlement. Vouchers are valid for a period of 6 months after purchase.
(4) If the customer purchases one or more vouchers, the customer shall be informed of the duty of payment, the scope of the services ordered, and the possible forms of payment. The vouchers and the service fee must be paid to MR in full upon ordering. The customer may render payment through PayPal™ or other supported payment systems.

4) Liability of MR
(1) MR shall only be liable for damages in respect of death or personal injury resulting from the use of the Internet portal if said damages are due to gross negligence or intent on the part of MR or its management, employees or agents.
(2) MR shall only be liable for other damages if said damages are due to gross negligence or intent on the part of MR or its management, employees or agents.
(3) MR shall not be responsible for incorrect information listed in the menus or price lists of the participating restaurants. MR shall not be liable should an ordered drink be unavailable at the time a voucher is redeemed. However, MR has obliged the participating restaurants and bars to provide a comparable drink in this case.
(4) MR shall not be liable for minor disturbances to the service. A minor disturbance is defined as all cases in which an ordered voucher is delivered to the intended recipient by e-mail within 48 hours. MR shall not be liable for delivery delays due to entry of an incorrect e-mail address.
(5) Further, MR shall not be liable for failures of the service due to force majeure or technical disturbances in the Internet.

5) Duties of the customer
The customer undertakes to indemnify MR from any liability for damages due to violation of personal rights or any other rights stemming from use of the service.


6) Data protection/privacy
(1) During the course of rendering the contractually agreed-upon services, personal data is collected, saved, processed and used. Personal data is defined as data containing information about the personal and corporeal circumstances of a specific or specifiable customer, restaurant/bar, or voucher recipient. The involved business can be notified of the purchase of a voucher. MR undertakes to comply with all statutory data protection regulations, particularly the German Data Privacy Law and the German Law concerning Data Protection in the Area of Teleservices.
(2) When requested in writing, MR shall provide the customer with information about the saved dataset, as it involves the customer, in full and free of charge by e-mail. MR points out that the current state of technology does not allow comprehensive data protection for data transmissions in public networks such as the Internet. MR shall do its utmost to implement data protection nonetheless.
(3) MR shall be authorised to entrust third parties to fulfil some or all of its duties, and to pass on the data required to do so.

7) Changes to these General Terms and Conditions
MR shall be authorised to change the General Terms and Conditions at any time The customer shall be informed of any changes. This notification will contain information about the business’ right to object to the proposed changes, along with the consequences of the changes should no objection be raised.

8) Miscellaneous provisions
(1) There are no collateral agreements to this contract. All changes to these General Terms and Conditions are only effective if made in written form. This also applies to any amendment to this written form requirement.
(2) Should any provision of these General Terms and Conditions or of any individual contract made under them be in whole or in any part ineffective or unenforceable, this shall not affect the validity of the remaining provisions. Any ineffective provision shall, to the extent possible in law, be replaced by a suitable provision that reflects the purpose of this agreement at the time of its signature. The parties shall similarly add a necessary appropriate provision where there is a lacuna.
(3) The contractual relationships between the parties are subject to the laws of the Federal Republic of Germany.
(4) The jurisdiction shall be defined as Berlin-Charlottenburg, Germany, to the extent possible.

GENERAL TERMS AND CONDITIONS
FOR MYROUND.EU/MEINERUNDE.DE (BUSINESSES)


1) General
By registering with www.myround.eu, www.my-round.eu, www.meine-runde.de, www.meinerunde.de (hereinafter: MR), the business accepts the general terms and conditions listed below. They shall comprise part of all contracts (whether free of charge or on a fee basis) concluded between the business and MR. Furthermore, they represent the conditions under which the business shall utilize the services offered by MR.

2) Performance

(1) MR operates a voucher portal for drinks and offers the business - as operator of a restaurant of bar - the opportunity to sell their drinks menu (up to 50 drinks) online on the Internet. The voucher buyers select their drinks from this menu. A maximum of three drinks can be selected in each voucher sold. (2) The business also has the option to present itself with an image file and associated text data.
(3) For each voucher sold, MR shall be entitled to
25% of the business’ realized (net) sales
20% of the business’ realized (net) sales, if the business’ annual sales surpass € 5,000
plus statutory VAT as commission. A business’ annual sales is calculated at the end of each calendar year and the commission rate for the subsequent year is set based on this figure. Disbursement of the residual purchase price to the business is contingent on the business documenting redemption of the voucher. It is prohibited to issue vouchers containing alcoholic drinks or vouchers that require entry into a smokers’ area (i.e. premises where smoking is permitted) to persons under 18 years of age, or to allow persons under 18 years of age to redeem such vouchers. (4) MR provides the business with a platform that enables the business to determine which vouchers have been issued, together with the corresponding redemption code. The business can view the numbers of the issued vouchers, the drinks sold on each voucher, and the corresponding redemption code for each voucher. Redemption codes may be partially masked for security reasons. This data enables the business to determine whether the voucher in question has already been redeemed and whether the voucher was issued for the specific business. The business shall be responsible for verifying this data.
(5) MR shall be authorised to entrust third parties to fulfil some or all of these duties, provided this does not result in a material disadvantage for the business. The same shall apply to advertising and promotion campaigns.
(6) With the exception of the payment function implied by the voucher, all general services, rights, and responsibilities - including, but not limited to opening times, dress code, accessibility, entrance fees, reservations - shall be defined in accordance with the business’ offerings.

3) Contract term and payment

(1) The contract between MR and the business regarding use of the database becomes effective upon registration by the business.
(2) Use of the service is free of charge for businesses - aside from commissions for vouchers sold.
(3) The valid price at the time a voucher is purchased shall be the relevant price for this contract and the basis for subsequent settlement. Vouchers are valid for a period of 6 months after purchase. After this period, the voucher shall expire without compensation, unless it exceeds a value of € 15.00.
(4) Settlement will be carried out monthly in most cases, but quarterly at the latest. Disbursements shall be paid 3 weeks after settlement at the latest.
(5) The business and MR shall be entitled to terminate the contract without reason at any time and discontinue the agreed-upon service completely or in part. If the business has outstanding claims against MR upon termination of the service, said claims will be paid according to the schedule described in 3)(4). Any vouchers already sold at this point shall remain valid until they expire (max. 6 months).
(6) The business has the opportunity to sign up for a test account at first, to test and experiment with MR’s services. In this case, the business must explicitly activate its account to begin the sales phase as described in these General Terms and Conditions.

4) Liability of MR

(1) MR shall only be liable for damages in respect of death or personal injury resulting from the use of the Internet portal if said damages are due to gross negligence or intent on the part of MR or its management, employees or agents.
(2) MR shall only be liable for other damages if said damages are due to gross negligence or intent on the part of MR or its management, employees or agents.
(3) MR shall not be liable for minor disturbances to the service. A minor disturbance is defined as all cases in which the period during which the business cannot view the database, or third parties cannot use the platform, does not exceed two consecutive days.
(4) Further, MR shall not be liable for failures of the service due to force majeure or technical disturbances in the Internet.

5) Duties of the business

(1) The business is solely responsible for the information it publishes. MR is authorised, but not required, to verify the full content of vouchers and all other data subject to these General Terms and Conditions for compliance, and to modify or delete any offending data. Insulting, pejorative, or racist comments or statements are prohibited under all circumstances, and may result in civil liability and criminal charges.
(2) The business ensures that the entered data corresponds to the business’ actual drink selection. The business is required to physically provide the drink selection defined in the system. Should a drink be unavailable (e.g. out of stock) when a voucher is redeemed, the business shall be required to provide a suitable substitute.

6) Data protection/privacy

(1) During the course of rendering the contractually agreed-upon services, personal data is collected, saved, processed and used. Personal data is defined as data containing information about the personal and corporeal circumstances of a specific or specifiable business, customer, or voucher recipient. MR undertakes to comply with all statutory data protection regulations, particularly the German Data Privacy Law and the German Law concerning Data Protection in the Area of Teleservices. MR saves, uses and analyses information to enable the platform’s functions and to provide businesses with a higher level of service.
(2) When requested in writing, MR shall provide the business with information about the saved dataset, as it involves the business, in full and free of charge by e-mail. MR points out that the current state of technology does not allow comprehensive data protection for data transmissions in public networks such as the Internet. MR shall do its utmost to implement data protection nonetheless.
(3) MR shall be authorised to entrust third parties to fulfil some or all of its duties, and to pass on the data required to do so.

7) Changes to these General Terms and Conditions

MR shall be authorised to change the General Terms and Conditions at any time The business shall be informed of any changes. This notification will contain information about the business’ right to object to the proposed changes, along with the consequences of the changes should no objection be raised.

8) Miscellaneous provisions

(1) There are no collateral agreements to this contract. All changes to these General Terms and Conditions are only effective if made in written form. This also applies to any amendment to this written form requirement.
(2) Should any provision of these General Terms and Conditions or of any individual contract made under them be in whole or in any part ineffective or unenforceable, this shall not affect the validity of the remaining provisions. Any ineffective provision shall, to the extent possible in law, be replaced by a suitable provision that reflects the purpose of this agreement at the time of its signature. The parties shall similarly add a necessary appropriate provision where there is a lacuna.
(3) The contractual relationships between the parties are subject to the laws of the Federal Republic of Germany.
(4) The jurisdiction shall be defined as Berlin-Charlottenburg, Germany, to the extent possible.
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