§ 1 Scope of application
- These terms and conditions apply between Menutech GmbH (haftungsbeschränkt), Almstadtstr. 46, 10119 Berlin, HRB 195572 B, DE299003170 (the "Company"), and you, unless otherwise expressly agreed in writing. Deviating or conflicting conditions will not be recognised by the Company, unless we have expressly consented to them.
- Changes to these terms and conditions will be communicated to you in writing, by fax or by e-mail. If you do not object to a change within four (4) weeks after notification, the changes will be deemed recognised and agreed by you. The right to object and the legal consequences of the silence will be indicated separately in the event of a change in the terms and conditions of business.
§ 2 Performance of the portal
With the help of the online application menu.tech available at https://app.menutech.com (the "Portal"), you can design menus, label allergens and translate dishes. The labeling of allergens is carried out in accordance with EU FIC Regulation nr. 1169/2011 and nr. 78/2014 with regard to labeling, use of symbols, text size and presentation.
The Portal offers automated translation and allergen labeling features, based on common language conventions and standard prescriptions. We do not guarantee the correctness nor the completeness of the information and functions provided.
The allergens or additives contained in the respective dishes may differ from the information suggested or pre-filled inside the Portal. Missing or incorrect information must be corrected by the user. The user has the possibility to change translations and allergen information autonomously. We assume no liability for incorrect, imprecise or incomplete information or for possible consequences resulting from the use of the information.
§ 3 Registration as user
- Registration to the Portal is free of charge. There is no entitlement to admission to our system. Only a person of legal age is eligible. Upon request, you may have to send us a copy of your ID, your VAT ID-No and/or your registration documentation. To register to the Portal, fill out the registration form on our website digitally. The data required for the registration are to be completely and truthfully stated. You are obliged to keep the password secret and not to communicate this to third parties.
- Apart from the declaration of your agreement with the validity of these General Terms and Conditions, your registration is not subject to any obligations. You can delete your entry at any time under "Settings / Account". With the registration with us, there is no obligation to purchase the goods offered by us.
- If your personal details change, you are responsible for updating them yourself. All changes can be made online after login in "Settings / Profile".
§ 4 Data Protection
- We will only use your personal data (address, name, address, e-mail address, telephone number) to communicate with you in accordance with the provisions of Federal Data Protection Act (Bundesdatenschutzgesetz).
- Your personal data, as far as these are necessary for the Company to execute and terminate the contractual relationship, are used exclusively for the execution of the purchase agreements between you and us. You have the possibility to issue this consent before the declaration of your order. This declaration of consent is completely voluntary and can be accessed on our website and revoked by you at any time.
- We also collect usage data, that is, data which may contain characteristics for your identification, the information on the beginning and the end, the scope of the respective use as well as information on the browser you use, for the purpose of advertising and market research for the creation of Usage profiles using pseudonyms.
- If you wish to receive further information or wish to revoke or expressly consent to the use of your existing data, or to contradict the use of your usage data, our support is also available at the e-mail address support(at)menutech.com or Please call +49 (0)30 23390113.
§ 5 Conclusion of contract
- The presentation of the goods and services on the Portal does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
- A binding contract comes by clicking on the button "Confirm subscription"
- You can choose between several packages inside the Portal. If you want to complete your order, select the appropriate subscription by clicking on it. By clicking the "Confirm subscription" button, the ordering process is completed.
- The language provided for the contract is exclusively German. Translations into other languages are for your information only. In the case of contradictions between the German text and the translation, the German text prevails.
§ 6 Correction Notice
You can select a subscription as part of the ordering process. A message will appear on screen. By closing the message or by closing the browser, you cancel the order process.
§ 7 Contractual provisions
The terms of the contract with information on the ordered goods and / or booked services (incl. these general terms and conditions and the right of withdrawal) will be sent to you via e-mail, with acceptance of the contract offer. We do not store the contractual provisions.
§ 8 Terms of Payment
The usage fee is payable immediately upon booking. The payment of the goods takes place by direct debit via our payment service provider. The transmission of your personal data takes place by means of an SSL-encrypted connection.
§ 9 Right of use
We grant you a right to use the menus, translations and allergen information that is unlimited in time or space. The right of use includes the right to reproduce, make public access, and to process it.
§ 10 Delivery
The menus, allergen labeling and translation will take place on the Portal. You have the possibility to download your menus. The document will be made available in PDF format.
§ 11 Limitation of Liability
- We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which only makes the proper execution of the contract possible at first, the violation of which would jeopardise the achievement of the purpose of the contract and upon which you may regularly trust as a customer. In the latter case, however, we are liable only for the foreseeable, contract-type damage. We are not liable for the slightly negligent violation of obligations other than those mentioned in the preceding sentences. The above exclusion of liability does not apply to injury to life, body and health. Liability under product liability law remains unaffected.
- Following to the current state of data communication over the Internet, such communication can not be guaranteed without errors and/or at any time available. We are not liable for the permanent and uninterrupted availability of our online trading system.
§ 12 Final provisions
- Amendments or additions to these terms and conditions require written form. This also applies to the cancellation of this written form requirement.
- The law of the Federal Republic of Germany shall apply to the exclusion of the UN purchase law.
- The place of performance as well as exclusive jurisdiction for all disputes arising from or in connection with this contract is Berlin.
- Should individual provisions of these terms and conditions be invalid, the validity of the other provisions shall remain unaffected. The invalid provision shall be replaced by the contracting parties by a mutually agreeable provision which comes closest to the economic purpose and purpose of the invalid provision. The above provision applies in case of loopholes accordingly.