mealX – GTC

(1) mealX is a Progressive Web App (PWA) for booking participation in meals. It is designed to help with meal planning.

(2) As a PWA, mealX can be accessed and used via an Internet browser. It can also be installed on various platforms (Android, iOS, …).

(3) After a one-time registration, which requires the entry of an e-mail address and a password, the PWA can be used with these access data.

(4) By registering, the user recognises the current General Terms and Conditions applicable to the contractual relationship between him/her and the operation of mealX-PWA.

(5) The operator of mealX-PWA endeavours to ensure high availability of the service. However, as this is a service based on internet and web technology that uses technical equipment from third-party providers over which the operator has no influence, the operator cannot assume responsibility for any failures or disruptions to the service, in particular for failures or disruptions to the technical system on which the service is based, including the necessary internet connection, if the cause of such failures or disruptions is not within the operator’s sphere of influence.

(6) In addition, the operator also excludes any liability for the fault-free functioning of the mealX-PWA itself. This applies in particular if the user has no connection to the Internet or the Internet as a whole is disrupted.

(7) Those who create a meal list must pay a monthly fee for the use of the service. This fee is due for payment when registering for a subscription and must be paid by credit card or another payment method offered.

(8) The subscription for a list in the mealX-PWA can be cancelled at any time. If a list without a subscription or with a cancelled subscription is not used for more than one month, the operator may delete all data from the list. Users who are inactive for more than one month can also be deleted from the system along with their data.

(9) The user is obliged to keep his login data safe. The operator excludes any liability if the user loses his login data or if it is stolen by third parties.

(10) The user can contact the operator with a request to reset the password.

(11) The operator excludes any liability for misuse of the service by the user himself or by third parties.

(12) If unauthorised third parties make unauthorised or fictitious bookings via the service, which are attributable to culpable behaviour on the part of the user, the user shall be liable to the operator and, if applicable, also to the respective provider of the meals for all damages incurred as a result.

(13) Resale or copying of the mealX WPA is prohibited.

(14) By providing his/her e-mail address during registration, the user agrees to receive communications from the operator, including those of legal significance and effectiveness, by e-mail.

(15) If devices are passed on to third parties, the user must ensure that the mealX PWA is deleted in order to prevent unauthorised use of the mealX PWA.

(16) If the operator of the mealX-PWA detects misuse of the mealX-PWA by the user or by third parties, the operator is authorised to block the user at any time and to remove the user from the mealX-PWA. This right to block the user also applies to the operator if the user reports the theft or loss of his mobile phone to the operator.

(17) The operator is under no obligation to check the data entered by the user when using the mealX-PWA. In this context, the operator assumes no responsibility for the content, completeness and accuracy of the data entered or retrieved by the user.

(18) The operator is not liable for any damages incurred by the user due to the unavailability of the service or its defectiveness due to ordinary negligence. In the case of such damages, the operator must prove ordinary negligence. The operator is not liable to entrepreneurs as expressed in the Consumer Protection Act for ordinary and simple gross negligence or for atypical damages. The operator is only liable for loss of profit if the damage was caused intentionally. Furthermore, the Operator’s liability to entrepreneurs as expressed in the Consumer Protection Act is limited to € 100.00 for each event causing damage to the affected party, unless this is contrary to mandatory law. In any case, the operator is not liable if the damage was caused by an external third party or otherwise by an unavoidable event over which the operator has no influence.

(19) The operator assumes no liability for the constant availability of the payment method used by the user.

(20) The operator collects and processes the personal data provided by the user to the operator in connection with the registration and use of the service in accordance with the privacy policy, which can be found at https://mealx.net/en/privacy-policy.

(21) Any change to these General Terms and Conditions, including a change to the monthly fee in accordance with paragraph (7) above, shall be notified to the user in the mealX-PWA or by e-mail to the e-mail address provided by the user upon registration at least one month before the changes take effect. If the change is not exclusively favourable, it shall be deemed approved if the user does not object to it within the one-month period. No further use of mealX-PWA is possible in the event of an objection.

(22) Austrian law shall apply. The place of jurisdiction for all disputes arising from this contract shall be Vienna, Innere Stadt – except for actions against consumers as expressed in the Consumer Protection Act who have their domicile or habitual residence in Austria or are employed in Austria.finju