Terms & Conditions

 

The vegan business database “www.myveganfinder.com” is operated by My Vegan Finder, referred to below as “myveganfinder”. The application is made available to users on the basis of these general terms of use (“Terms of Use”). Please read them carefully.
• Scope of application
• These Terms of Use apply to all offerings of the restaurant guide application “myveganfinder”, its website www.myveganfinder.com and its posts on social media platforms. Any general terms and conditions of the user have no applicability.
• To the extent that special services or products are offered on “myveganfinder”, additional special terms of use may apply. The user will be informed of this separately. Special terms of use take precedence over these Terms of Use, to the extent that they contain different or conflicting provisions.
• If services or products are provided by cooperation partners or third parties, the terms and conditions of the partner/third party may also be valid. 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 “myveganfinder”, the contractual relationship for such services or products only arises and applies between the user and the third party.
• User group and availability
• The offers and services of “myveganfinder” are freely available to everyone, subject to applicable terms. Use is free of charge, unless payment is indicated for individual services and a contract is concluded between myveganfinder and the user regarding the use of such paid services. For the use of certain services and offers, the user must have previously registered (which will involve providing information relating to the user).
• “myveganfinder” offers the user, among other things, the opportunity to post on “myveganfinder” 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, myveganfinder has the right, but is not obligated, to remove the restaurant concerned from it and to remove the comments and evaluations published to date.
• If the user has made use of special services or products, any supplementary applicable termination regulations intended for this purpose that were agreed in the special terms of use for such services shall apply.
• myveganfinder will make every effort within its technical and organisational capabilities to provide daily 24 hour access to “myveganfinder”. Due to necessary maintenance work, disturbances caused by the Internet or force majeure, the availability of the application or of individual offers and services may be limited or cancelled entirely. myveganfinder is particularly not liable for disturbances outside of their area of influence (such as the user’s Internet connection). The users have no claim to constant, uninterrupted availability of “myveganfinder” or individual offers and services, subject to anything agreed in special terms of use for paid services or products.
• Contractual conclusion
• With its registration on “myveganfinder” the user makes an offer to enter into a user contract with myveganfinder. This proposal will be accepted by myveganfinder by means of a confirmation email to the user. myveganfinder has the right to refuse the offer without stating reasons.
• For contracts regarding paid “myveganfinder” services, the special terms of use for such services shall also apply.
• Obligations of the use and rights of myveganfinder
• The user must comply with applicable law and not use offers and services from “myveganfinder” for 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 on “myveganfinder” is prohibited. This includes in respect of all content belonging to the user on “myveganfinder”, such as texts, comments, evaluations, photos, drawings, videos, etc. The user grants myveganfinder a non-exclusive right to make this content publically accessible and to use it in the context of the functions of “My Vegan Finder” (such as duplication and editing, to the extent that this is technically required by the provision of public access and use).
• The offers and services of “myveganfinder” may not be used by users for commercial purposes. Sending unrequested content on a large scale (spamming and comparable practices) is particularly prohibited. The same prohibition applies for the actions of users that are intended to impair, damage or destroy the functionality, availability or good standing of “myveganfinder” (such as posting racist, violent or sexist contents; manipulation of evaluations; etc.).
• The user is obligated to compensate myveganfinder for all damages that result from an infringement of the above obligations and/or a related infringement against the rights of a third party. Indirect damages and financial losses are included under this compensation obligation. To this extent, the user will indemnify and release myveganfinder from all third party claims.
• myveganfinder has the right, but is not obligated, to check evaluations, photos and other contents of the user for the accuracy of their content and/or legality, and reserves the right not to publish them, to shorten or to provisionally remove them if the user, in the view of myveganfinder, has infringed these Terms of Use or a third party raises the inaccuracy or illegality of such contents. myveganfinder particularly has the right not to publish and to provisionally or completely block contents (such as photos), if these clearly contradict the market orientation of myveganfinder (such as photographs of meat products). In all of these cases, the user has the opportunity to refute the objections of the third party with an email to: info@myveganfinder.com . To the extent that myveganfinder requests the user to explain and prove the accuracy and legality of his content, it is the user’s obligation to comply. If the user does not fulfil this obligation to provide evidence or the justified suspicion of an infringement by the user against these terms of use is present, myveganfinder has the right to permanently remove the content or, in the event of a justified suspicion of an infringement, to block the access of the user to “myveganfinder” without further notice or reason.
• The user is obligated to keep its password secret and to carefully protect its access data. It is also obligated to immediately inform myveganfinder if there is reason to believe that its access data is being misused by a third party. myveganfinder 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 under the use of his access data. If the access data of the user has been wrongfully used by a third party despite the user having taken reasonable care to protect the data, , it is not liable.
• Responsibility for the contents of “myveganfinder”
• myveganfinder will take all reasonable care to ensure the accuracy, completeness, and timeliness of the content, information (such as addresses, opening hours, prices, etc.) and services published in “My Vegan Finder”, but cannot guarantee such accuracy, completeness and timeliness. Consequently, myveganfinder 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 “myveganfinder”, the responsibility belongs exclusively to the providers of those sites. myveganfinder bears no responsibility for the contents of those sites. Any liability or guarantee by myveganfinder for the contents of the linked sites is excluded. myveganfinder has no influence on current and future alterations of the linked sites.
• myveganfinder also takes no responsibility for the contents of banners and other advertising surfaces. Any liability or guarantee with regard to these contents is excluded.
• myveganfinder’s liability
• myveganfinder is liable for wrongful misconduct (intent), for death or personal injury resulting from its negligence or that of its employees and for malicious concealment of any defects. For other breaches of these Terms of Use and for negligence relating to the “My Vegan Finder” application, myveganfinder is only liable for direct and foreseeable damages arising from the default. Further liability upon myveganfinder is excluded.
• Data protection
• myveganfinder observes the statutory data protection provisions. The user’s data will be treated as confidential and myveganfinder 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 myveganfinder for “My Vegan Finder” applies.
• Copyright
• All contents, information, images, databases, and services published in “My Vegan Finder” are protected under copyright law and other intellectual property rights. Usage is only granted for personal, private use. Any further use, particularly commercial duplication, dissemination, or publication for commercial purposes is prohibited.
• Term of the contract
• 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 myveganfinder 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, myveganfinder will block the user’s access to “My Vegan Finder” and may delete the user’s data. myveganfinder reserves the right to continue to use the contents (such as comments and evaluations) posted by the user to “My Vegan Finder” in an anonymised form.
• Other provisions
• In the event that the contract concerned is classified as a commercial business transaction for both parties, Scotland is agreed as the place of fulfilment and exclusive place of court jurisdiction; myveganfinder also has the right to file a suit at the user’s location. Mandatory statutory jurisdiction shall remain unaffected.
• The law of Scotland 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. Only the English language is available for conclusion of contract, if a user does not understand the language of the terms presented to it must not proceed with entry into that contract and myveganfinder shall not be liable nor otherwise deprived of any protection due to the user’s failure to understand the language of the presented terms.
• If a provision of these terms of use is or becomes entirely or partially ineffective, the remaining provisions are unaffected. myveganfinder and the user are, if the user is not a consumer, obligated to replace the ineffective provision with a regulation that is as close as possible to it in its economic result.
• Right of cancellation for consumers
• Right of cancellation The user has the right to cancel a contract with myveganfinder 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 myveganfinder at: info@myveganfinder.com .This can be carried out 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, myveganfinder 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

  • 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: myveganfinder Email: info@myveganfinder.com

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)Date
• 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