Terms of use

Valid as of 01.10.2019

1. Nature of the offer

Under the domain www.restaurant-advisor.com, Restaurant Advisor offers one on the administration and publication of restaurant information such as address and opening times and in particular menus. Restaurant Advisor provides the technical platform for this.
Restaurant Advisor does not offer its own content. For content that is shown in extracts and forward the user to one of the areas mentioned, this applies accordingly. Restaurant Advisor assumes no liability for third-party content. The data on the restaurants and the menus are managed by the restaurant owners. Pictures and menus in pdf format are uploaded by them. By uploading, the owners agree that the images and pdf files can be used on the website and in the two associated Android applications are displayed. Pictures and pdf files remain in the property of the restaurant owner. They are also liable for incorrect or inappropriate content.
Restaurant Advisor reserves the right to change or discontinue the services offered or to offer new services.

2. Free registration

Every restaurant owner who wants to manage the data for his restaurant must register with Restaurant Advisor. The user must provide a valid email address. This uniquely identifies the user. The user chooses a password when registering. He undertakes to keep this password secret. No user may register more than one user profile. The email must be activated by clicking a link in a confirmation email.
The restaurant owner can then create additional employees for his restaurant. In this case, every registered user agrees that personal data such as name and email will be saved. These are only used for the purpose of administration and contact. You will not be passed to third parties.

3. Licensing

The publication of menus in pdf format or in pictures is chargeable. The management of the restaurant's data is only possible once a license has been purchased for the restaurant. This is to prevent unauthorized persons from making changes to the restaurant data.

3.1 License costs

Please refer to the following overview: License Costs
When purchasing a license, the remuneration is due in full in advance for the period of license validity.

3.2 Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must send us a clear statement (e.g. a letter sent by post or email) inform about your decision to withdraw from this contract. You can use the attached Use a sample cancellation form (see at the end of the general terms and conditions), however, this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

3.3 Consequences of revocation

If you withdraw from this contract, we will give you all the payments that we have received from you, to be repaid immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original Transaction, unless something else has been expressly agreed with you. In no case will you be charged any fees for this repayment.

4. Availability and use of the offer

In principle, any natural person with legal capacity is free to use who is willing to adhere to these terms of use.
Unrestricted availability of the offer for users is technically not possible, as our offer access to telecommunication networks and connections of other network operators and other service providers over whose services we have no influence. As far as we can influence interruptions, e.g. necessary measures (such as care and Maintenance work on software and hardware), we endeavor to interrupt the To keep the offer as short as possible and, if necessary, to announce it.

5. User obligations and special terms of use

The basis of use are the following provisions, which contain the essential contractual obligations of the user:

5.1 Prohibited content, commercial advertising, unauthorized modes of use, links

We expressly point out that the following acts of use or content are not permitted and we already at a first offense in addition to the removal of the Content will have further consequences up to an immediate blocking of the user for all services: All contributions, activities and actions that are illegal, in particular offensive, acts that are pornographic or otherwise violate youth protection regulations represent or glorify them, as well as all contributions in which natural or legal persons otherwise in their honor or business reputation degraded or their business or other reputation is damaged. Disclosing or making available personal access data to Restaurant Advisor, be it your own data or third-party data. The violation of copyrights or trademarks of third parties, especially in the case of a violation of the following section 4.2 Any form of discrimination against other people as well as other serious violations of netiquette. Posting links to other sites or services that have illegal, offensive, or pornographic content or otherwise have undesirable content as well as any form of advertising or commercial use without our express prior consent. The automatic reading of the data on our site and the structure own search systems, services and directories with the help of the content available on RestyaurantAdvisor.com as well as the mass creation of articles (threads) and / or replies with the same content, also cross postings, i.e. posting the same post in several forums. This also applies to short messages. Furthermore, the sending of chain mails or letters by mail, Any implementation of structural sales or sales support, including so-called multi-level marketing. Uploading software, scripts, files and other mechanisms / techniques, which are suitable for this, Restaurant Advisor or its users, their computers, the servers of Restaurant Advisor or the software used on the users' computers or the servers of Restaurant Advisor, to spy on, attack, paralyze or impair in any other form or to aid in impairment.
The following usage actions and content are also undesirable: The setting of links is only permitted if they serve the desired information in the interests of the restaurants. We decide on the admissibility in individual cases as soon as we become aware of a link.
Since we are liable on our part for the links set by our users according to current jurisprudence, not with complete legal certainty can also exclude for the future, we reserve the right to include links, which have been admitted once, at a later point in time without information to remove reasons from our side at any time. The users whose links have been approved, undertake to use the content of the linked pages to check regularly and, if in doubt, to inform us that have changed this content. We ask all users to inform us about any inadmissible Threads, posts, links or etiquette violations by pressing the for it provided mail buttons or an email to contact@restaurant-advisor.com.

5.2 Copyright and rights of use, industrial property rights and trademark rights, liability

All users agree that RestaurantAdvisor for the platform restaurant-advisor.com as well as the data or files provided by you in the two Android applications (images, other files and texts, etc.) even after the user has stopped using it for the duration of the legal copyright law furthermore by RestaurantAdvisor itself or third parties appointed by Restaurant Advisor for the purposes of Portal operation may be electronically duplicated and made available for download (§ 19 UrhG). In addition, Restaurant Advisor may send the content to other users as part of its newsletter by email and allow third parties to access the content via RSS feed and offer it for download on their websites.
The users are responsible for ensuring that the data and files they have posted or made available, may be used and published as described above. In case of doubt, content may not be uploaded or otherwise posted if the user is not clear about the copyright situation and can judge in our favor.
If an electronic duplication or distribution or the making available according to § 19a UrhG by us in relation to content that a user has uploaded or which have been made available to us by a user, to legitimate omission and If a third party claims damages, the user is obliged to notify Restaurant Advisor and to release his legal representatives from these claims immediately and to assume the costs of out-of-court and any judicial legal defense. This applies in particular in those cases in which the user culpably failed to notify us of usage restrictions or have posted the content, although he knew or could have known that there are conflicting rights of third parties.
Particular caution is required, especially when uploading photographs and other image materials, which do not originate from the user himself. This material should be expressly marked as in the public domain. If information about the author or photographer is given in connection with the use, we have to be informed in advance by e-mail stating the source.
Claims for damages against Restaurant Advisor can only be asserted if we have culpably violated our essential contractual obligations. If we are only at fault or if only insignificant secondary obligations have been violated, we exclude any liability on our part, whereby claims under the Product Liability Act remain unaffected. In terms of amount, all possible claims for damages by our users against us limited to the foreseeable damage. This does not apply to claims from the Product Liability Act and in the event of injury to life, body and health.

6. Termination of use

Every user can end the free usage option at any time without giving reasons. To do this, he should remove all personal information in his user profile and no longer log in.
Posted content and the user name remain part of the publicly available content even after termination.

6.1 Termination of a license A license can be requested by the user at any time without giving reasons with a period of 14 days before the im Registration process specified minimum usage period or can then be terminated at the end of an extension period. The termination can be done via the administration interface for this membership chosen payment provider. Alternatively, he can terminate in writing (e.g. by letter, fax or email). Letters are to be sent to the current postal address (can be found at https://www.restaurant-advisor.com/impressum) the restaurant advisor and emails to contact@restaurant-advisor.com.
A termination for an important reason is always possible for both parties.
For Restaurant Advisor, there is an important reason, in particular, if the user carries out improper acts of use in accordance with Section 4.
If there is an important reason, the user cannot request the reimbursement of fees paid in advance. The user can only request repayment if he cancels for an important reason, which has its cause in the sphere of responsibility of Restaurant Advisor.

7. Data protection, consent of the user

The users of the services / memberships in the user account (account) voluntarily entered personal data (e-mail, name, etc.) are not passed on to third parties by Restaurant Advisor without the consent of the user. The user can change his personal data at any time or remove it from the user account himself. The user account and the associated username cannot be removed or changed.
The above consent can be revoked at any time by sending an email to data-protection@restaurant-advisor.com.

8. General provisions

These terms of use apply from October 1st, 2019. We reserve the right to change the terms of use for the future and all users will be informed of new terms of use at a suitable point in our service or by email in good time. Every user has the right at any time to object to the new terms of use, in this case we have the right to end the usage relationship.

9. Model withdrawal form to terminate a license

If you want to revoke the contract for a license, please fill out this form and send it to Restaraut Advisor (address see imprint) or by email to contact@restaurant-advisor.com: