Terms and Conditions

1. General

1.1. This booking and service platform (the “Service” or the “Platform”) is provided by circledm e.U., FN 495598x, (hereinafter “circledm”, “we”, or “us”). These General Terms and Conditions (the “GTC”) apply to you as a customer regarding the use of the services provided to you by circledm as an intermediary in cooperation with various freely chosen catering companies (also referred to as “Gastro Partners”, e.g., restaurants) of the circledm network via the platform (website, app).

Our offer to you as a customer is specifically understood as an exchange of free online services (in particular mediation) for voluntary newsletter subscription and direct marketing as a contractual exchange relationship covered by Art 6 Para 1 lit b GDPR: newsletter advertising, contractual consent of the customer to the processing of personal data for the purpose of direct marketing.

Signing up for the newsletter is your entry ticket to the bonus club (“club7” incl. the “take7” service) to receive various bonus discounts. As contractual consideration for the free booking and mediation activities of circled7 (“free service for data”), the customer expressly consents to receive the company circledm’s newsletter at their specified email address. The customer can revoke their voluntary consent at any time, most easily via the link in the newsletter. The revocation does not affect the lawfulness of the processing carried out on the basis of the voluntary consent until the revocation.

The legal basis for data processing for the purpose of sending newsletters and marketing is your consent and contract fulfillment in accordance with Art 6 Para 1 lit a and b GDPR. To handle the newsletter dispatch, we work with different operators of a newsletter management system; if you are interested in the service provider currently used, please contact us. Otherwise, reference is made to point 1 of the privacy policy. The data provided will be stored for up to three years after the last customer contact, unless retention obligations provide for longer periods. No profiling takes place. No automated decision-making under data protection law takes place.

1.2. By using the service, you agree to these GTC applicable to its use. You are entitled to use the circledm platform in accordance with and within the limits of these GTC. The permitted scope of use results, if applicable, from the type of user account or the services provided. Registration takes place by providing truthful information for the requested data. Registration is permitted exclusively for natural persons who have reached the age of 14 and have full legal capacity.

1.3. circledm reserves the right to unilaterally expand the range of services on the platform at any time, to make improvements and to replace the offer with equivalent alternatives, or to terminate or restrict the platform and the service at any time at its own discretion.

1.4. You can cancel or delete your user account at any time without giving reasons by either sending us an informal cancellation via email or using the corresponding cancellation function in the app’s user account. The right of both parties to terminate without notice for good cause remains unaffected.

1.5. These GTC can be changed by circledm, (i) insofar as you agree expressly or through implied behavior, i.e., behavior from which the meaning of consent can be inferred, or (ii) insofar as your consent is deemed granted according to the following provisions. Changes to the GTC will be communicated to the customer by email at least 6 weeks before they take effect. The customer can object within this period. In the event of an objection, the contractual relationship ends at the time of the planned entry into force of the changes. If you do not object in writing within the period after receipt of the change notification, consent to the change of the GTC is deemed granted and the changes become part of the contract at the time of the announced effective date, provided these new clauses favor your position. You will be specifically informed of this consequence in the change notification. Changes that are not exclusively beneficial only apply with the express consent of the customer.

1.6. The service, product, or service booked via the platform is concluded by you directly with the corresponding Gastro Partner and is not provided by circledm. When booking, you therefore enter into a direct contract with the respective Gastro Partner through the mediation of circledm; circledm mediates the contract between the customer and the Gastro Partner. circledm is entitled to conclude contracts on behalf of the Gastro Partner (commercial agent with authority to conclude contracts).

1.7. To make a booking or a service, you must be legally capable of doing so and take financial responsibility for all transactions made under your name.

1.8. The use of the service for booking or payment, e.g., in a restaurant, represents an offer on your part to our Gastro Partner to accept this booking from you. Your booking is only completed and legally binding for the Gastro Partner once they confirm and fulfill your booking.

1.9. The use of the service is a free service for you. Available capacities are the sole responsibility of the Gastro Partner at the desired booking time and, if applicable, their GTC. The expected available capacities are calculated at the time of your request based on the stored settings, existing reservations, and other settings of a Gastro Partner. The responsibility for maintaining and updating the offers lies exclusively with the Gastro Partner. circledm assumes no warranty beyond the technical functioning of the service for the availability and success of offers or bookings with the Gastro Partner you have selected.

1.10. Without prejudice to further rights, circledm reserves the right to deactivate the booking function or the service and/or other services for you if you fail to show up for a reservation several times without canceling it beforehand as agreed (“No Show”). Rights of the Gastro Partner based on reservations made or no-shows remain unaffected by this.

1.11. Please ensure you arrive at the Gastro Partner’s establishment on time. If you do not appear at the establishment at the reserved time, the restaurant may charge you a corresponding fee (“No Show” fee). The decision as to whether a cancellation or “No Show” fee is charged to you lies entirely at the discretion of the Gastro Partner. You grant us the right to debit this “No Show” fee from the payment method specified for this purpose during the booking.

1.12. circledm reserves the right to cancel any bookings; any obligations on your part become void with such a cancellation. We are further entitled to restrict, suspend, or terminate your access to the service at any time, for any reason and without prior notice to you, if we suspect misuse of the service on your part or if you violate these terms of use.

1.13. Since you are entering into a direct contract with the respective Gastro Partner, you should contact them directly with any questions or concerns regarding your reservation.

1.14. The Gastro Partner can offer you so-called “Special Offers” (discounts / value offs). The proper redemption/execution is exclusively the matter/responsibility of the Gastro Partner.

1.15. The provision of the services specified on the platform is owed solely by the Gastro Partner, if applicable while stocks last. circledm assumes no warranty or guarantee for the proper redemption. This applies in particular to the quality and freedom from defects of the booked services, including the external circumstances of the service provision, e.g., regarding service and ambiance as well as compliance with appointments (no warranty for performance defects).

1.16. To redeem the booked service, you must attend your reservation at the respective Gastro Partner. The booked product / the purchased goods can be redeemed at the Gastro Partner within the specified reservation time by using the app and the corresponding existing QR code. Bookings not redeemed during the reservation cannot be exchanged; there is no entitlement to a refund of the purchase price or the offer of an alternative date. Unless otherwise agreed, the specified service can only be claimed once by you from the Gastro Partner. If you do not (fully) claim the Gastro Partner’s service or the value or benefit, there is no entitlement to a refund, credit, or other compensation for the remaining value.

1.17. The availability of the platform depends on the operation and load of the internet and network infrastructure, over which circledm partly has no influence; circledm does not guarantee that the platform is constantly accessible and that all content can be called up there at all times, despite efforts to rectify any platform failures as quickly as possible.

1.18. circledm is entitled to temporarily restrict or block access to and the performance of the platform if this is necessary for maintenance work, updates, security, and system integrity, and to exclude you from using the platform without the prior consent of our Gastro Partner.

1.19. The full functionality of the platform is open exclusively to registered users and Gastro Partners via the circledm platform. By registering, you create a user account with access data to the platform to use the service and select our Gastro Partners. This constitutes the conclusion of the contract. circledm reserves the right to refuse a user’s registration without giving reasons. Transferring the user account to another person is not permitted. The contract runs for the duration of your user account or its deletion or our blocking and, if applicable, until revocation. Upon termination, all status qualifications (see below) and any credits granted by circledm expire with immediate effect without entitlement to any consideration.

1.20. You are obliged to provide all information requested during registration (in particular email, name, credit or debit card data for the payment function) correctly and completely, and you are liable to circledm for all disadvantages resulting from incorrect information.

1.21. The username you choose must not violate the rights of third parties (e.g., trademark, company, name, etc.), must not be based on the marks of third parties, and must not contain advertising messages or misleading information or information that violates public decency.

1.22. You are obliged to keep the login data (e.g., username and password) secret and protect it from access by unauthorized third parties, and not to pass it on to third parties. circledm is entitled to (temporarily) block the user account to prevent misuse.

1.23. circledm provides you with the online or web-based platform (or app) as an application program as well as storage space on its computers for use via the internet in accordance with these GTC. The application programs are executed on the computers of circledm or its subcontractors. The secure operation of the IT system is the responsibility of third-party providers in particular, and circledm cannot verify whether a suitable data center with a secure power supply and air conditioning and protection against access by unauthorized persons is guaranteed.

1.24. circledm is not obliged to make the platform permanently accessible for use via a data network and to maintain or care for it or to replace it with newer versions. circledm does not guarantee any target availability. Disruptions and/or defects in the platform are possible and circledm is entitled to temporarily interrupt or restrict the provision of services and/or to discontinue the services in whole or in part if and insofar as this is necessary to rectify or avoid disruptions, defend against attacks on the network infrastructure, or to carry out work necessary for operation.

1.25. You acknowledge with consent that circledm must restrict or completely block data traffic in the event of an official or court order in accordance with this order. The same applies in cases where circledm would otherwise expose itself to the risk of legal prosecution.

1.26. You are personally responsible for ensuring that the content published in the user profile and the data posted comply with legal requirements and do not violate the rights of third parties. Consequently, you may not publish any data or content that (i) violates trademarks, names, copyrights and/or ancillary copyrights or other intellectual property rights of others, (ii) contains pornographic material or otherwise violates public decency, (iii) attacks, harasses, discriminates against, or defames other customers or persons or organizations, (iv) could encourage violence, hatred, racism, or illegal acts or provide instructions for such acts, and (v) otherwise violates legal regulations.

1.27. circledm reserves the right to inspect all data published on the platform to check compliance with these guidelines, although circledm is not obliged to perform such a check. circledm is entitled to block access to the published data at any time and without prior notice or to make the legally required changes to the data (e.g., removal of objectionable images) immediately even without prior notice if there are indications that this content violates these GTC or is otherwise unlawful.

1.28. You must refrain from attempting in any way to obtain the password, account, or other security information of users or circledm, cracking passwords or security encryption codes, running or activating mail lists, listservs, any form of auto-responders or “spam” on the platform, “crawling”, “scraping”, or “spidering” any page, data, or part of the services or content of the platform, whether by manual or automated means, copying or storing content of the platform, decompiling, reverse engineering, or otherwise attempting to obtain or refer to the source code or underlying ideas or information about the services.

1.29. You are obliged to immediately change any changes to the data provided to circledm (including name or company, address, email address) in the user account.

2. Granting of License and Restriction of Use

2.1. circledm grants you a non-exclusive, non-transferable, and non-sublicensable, revocable at any time, non-inheritable, and free right to use the platform, limited in time to the duration of this agreement.

2.2. You hereby grant circledm the non-exclusive, transferable and sublicensable, free, worldwide, and perpetual (i.e., continuing even after the end of the contract term) right to use the information provided by you (e.g., texts, images, photos) to perform the contract and offer the service without the need for third-party consent or payments to third parties, in particular to reproduce, distribute, and make it publicly accessible, including in edited or translated form. The right of use extends both to circledm’s own channels (domains, app) and to cooperation partners (third-party providers who refer to, link to, or advertise our channels).

2.3. Any copyrights, database rights, trademark rights, intellectual property rights, and other property rights in our service and any content provided to you as part of the service are the property of circledm or our licensor. All these rights are expressly reserved.

2.4. You agree not to use our service in a way that leads to interruption, damage, limited performance, or other disruption of the service or any part of the service, or that violates any legal provisions.

2.5. circledm and circled7 are registered trademarks. Any use of these is prohibited and can be interpreted as an infringement.

3. Warranty, Liability

3.1. circledm is not liable for the functionality of the telephone or network lines to its server, for power failures, and failures of servers that are not within its sphere of influence.

3.2. circledm is further not liable for the data you provide. circledm has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices or opinions of third-party websites or third parties with which the services interact.

3.3. In particular, circledm is not obliged to check the data for possible legal violations. Should third parties hold circledm liable for possible legal violations resulting from your data, you undertake to indemnify circledm from any liability and any damage and to reimburse all costs incurred by it due to the possible legal violation.

3.4. circledm is liable for damages caused to you exclusively for intent and (in the case of entrepreneurs, gross) negligence. This does not apply to personal injury. Liability is further excluded for force majeure, consequential damages and lost profits, economic forecasts, and indirect damages.

3.5. The platform is provided without any warranty or guarantee. circledm does not guarantee that the functions contained on the platform will be available uninterrupted or error-free, that errors will be corrected, or that the platform or the server that makes the platform available are free of viruses or other harmful components.

3.6. If payment on the platform is processed via a payment service provider, circledm is not liable for the security of the data or incorrect bookings caused by errors of the payment provider. When booking services, you accept the terms and conditions of the respective payment service providers.

3.7. circledm is not liable for any loss, damage, or costs incurred by you due to viruses or other malicious programs that reach your computer, device, or system through access to or use of our service.

3.8. To the extent permitted by law, we exclude any liability and responsibility for reliance on the content of our service. Access to the content of our service is at your own risk and we are not liable for its completeness, correctness, or suitability.

3.9. circledm further excludes any liability and responsibility for the following: (i) your use or consumption of the services and goods provided by the Gastro Partner or booking partner, (ii) the non-provision of such services and products by them, whether in whole or in part.

3.10. You indemnify circledm as well as our employees, workers, staff, representatives, shareholders, and vicarious agents in relation to claims or demands of third parties and reimburse us or the other persons mentioned for any damages and necessary expenses, insofar as these arise due to your violation of your contractual guarantees or obligations. This also includes reasonable legal and court costs in each case.

3.11. Unless otherwise agreed, circledm assumes no guarantee for the accuracy and timeliness of information about the Gastro Partners listed on the platform or other businesses (e.g., addresses and other contact details, prices and equipment/offer, opening hours, content of reviews, links and content of linked pages).

4. Data Protection

circledm does not process personal data on behalf of and according to instructions and is therefore not a processor within the meaning of Art 4 No 8 GDPR. Otherwise, reference is made to circledm’s privacy policy. In particular, your name, address, payment, and user data are processed for contract fulfillment in accordance with Art 6 Para 1 lit b GDPR.

5. Further Conditions

5.1. In addition to these GTC, the use of a Gastro Partner’s or booking partner’s website as well as other services and products provided by them within the circledm network may be subject to additional terms and conditions, which they can set themselves if necessary. These conditions apply in addition to these GTC and do not replace them.

5.2. We always ensure compliance with the highest security standards, but the transmission of information over the internet is not completely secure. While we take all reasonable measures to protect your personal information, we cannot guarantee the security of the data transmitted by you to our service. Any transmission of information is at your own risk. After receiving your personal information, we apply strict procedures and security measures to prevent unauthorized access.

5.3. As a payment method, circledm currently offers Stripe, or another method freely selectable by circledm, and the associated payment terms and any fees. Therefore, the GTC of these providers in the version valid at the time of the order also apply. Transactions can therefore also be rejected by them; this also applies to the corresponding financial institution. If your payment is rejected by the system, you must settle the booked service with a common payment method directly with the Gastro Partner, and in this case you are neither entitled to the status discount nor is your turnover creditable as club7 status.

5.4. circledm shows you the offered discounts in club7 incl. the take7 service, which are visible on the platform. Acceptance of the discounts is the responsibility of the Gastro Partner as your contractual partner. Please note that you have no right to a specific reserved table; allocation is exclusively at the discretion of the Gastro Partner.

5.5. To use the “club7” service, you are obliged to “check in” at the restaurant before ordering using the QR code (either by scanning the QR code of the respective restaurant or by having the Gastro Partner’s app scan your QR code in the app). The Gastro Partner has the right to deny you entry to their restaurant if, for example, there is no space available or you do not behave appropriately or if there is even a dress code. circledm is authorized to query your bonus and pass it on to contractual partners for contract fulfillment. You are further obliged to make the payment via the platform, in particular the app (and thus “check out”), before leaving the restaurant. However, our Gastro Partner also has the right to release or process the payment in another way if you have not processed it yourself or cannot for any other reasons whatsoever (e.g., mobile phone camera is not functional, battery is empty, no network reception, etc.). In this case, the Gastro Partner is entitled to a 7% tip.

5.6. To use the “take7” service, you are obliged to “check in” as a take7 customer using the app before ordering. You then have to contact the Gastro Partner (by phone) and announce your desired order, referring to your take7 “check in”. The Gastro Partner has the right to deny you this order if, for example, there are no capacities or resources available or you do not behave appropriately. circledm is authorized to query your bonus. Before preparing the food or drinks you ordered, the Gastro Partner creates your invoice and scans it for you with their app. You are further obliged to now immediately make the payment via the platform, in particular the app (and thus “check out”), before the order takes effect. However, our Gastro Partner also has the right to release or process the payment in another way if you have not processed it yourself or cannot for any other reasons whatsoever (e.g., mobile phone camera is not functional, battery is empty, no network reception, etc.). In this case, the Gastro Partner is entitled to a 7% tip.

5.7. After payment has been made (“check out”), a new “check in” is required for continued consumption or a new order.

5.8. You have no right to revoke the payment made after your consumption or order. Details on this would have to be clarified directly with the payment service provider (regarding chargebacks).

5.9. club7 Status: circledm operates a loyalty point or status program in which a certain status can be collected through certain turnovers and rewards (e.g., discounts) can be redeemed according to certain requirements. You have the opportunity to participate in this program in accordance with (i) these GTC and (ii) the conditions for the status offered at the current time in the platform for certain activities (e.g., making a reservation, payment, making a recommendation, advertising new users). This can change continuously. In particular, we can determine in this way that a certain status can be achieved by reaching a certain threshold. Turnovers are only credited towards the thresholds if you (i) made the booking via the platform and (ii) you attend and redeem the reservation at the Gastro Partner. If you do not appear, cancel the reservation, or do not attend the reservation for other reasons, the turnovers will not be credited to you, unless the booked services (e.g., food and/or drinks) were already paid for in advance (e.g., via the take7 service) with the app. This also applies to other reasons not attributable to circledm. You can view your current status in your user account. circledm can also inform you accordingly via email newsletter. The status is user-bound and cannot be sold or otherwise transferred to third parties without the consent of circledm. In the event of cancellation by the customer, the status expires. In the event of cancellation by circledm without good cause, the customer retains their status for 3 months. circledm is entitled to discontinue the status program at any time. From the time of discontinuation, you can no longer achieve a new status and can no longer claim a circled7 discount.

5.10. You are solely responsible for any existing tax obligations of the user that arise in connection with participation in the status program.

5.11. Turnover totals for status qualification apply immediately upon reaching the required turnover qualification amount. For each calendar month, a new qualification based on the respective previous month is required. This also means that you can lose your acquired status again. Qualification limits can be changed unilaterally by us and apply from the 1st of the following month. You cannot combine other offers from the Gastro Partner with the status discount, even if they are offered via the app or platform. Turnovers from Gastro Partner offers are only creditable for the club7 status if they are properly paid for with the app or platform.

5.12. Only payments carried out without doubt via the platform are counted towards your status turnover. You will find an overview of all consumption in the app and information on which status you have already reached and how much turnover is still missing for the next status level (see next point).

5.13. You may only pay the Gastro Partner’s own invoice using the app.

5.14. Our Gastro Partners can terminate their participation in the network at any time (in accordance with their contract with circledm).

5.15. Multiple end devices are possible, but you may only be registered with one account on one device at a time.

5.16. Provisions for the recommendation of Gastro Partners: these apply exclusively to users registered on the club7 platform. If you would like to recommend a new Gastro Partner for participation in the circledm network, you must clarify the interest personally with them, and only with the consent of the person responsible for the Gastro Partner may they be listed with circledm as a potential interested party. Only if the Gastro Partner concludes a contract with circledm and confirms that the user who named the restaurant is the initiator for the conclusion of the contract will the user receive a one-time consumption voucher for the naming, which cannot be redeemed otherwise or redeemed for cash, in an amount to be determined by circledm at its discretion. The voucher is granted at the dutiful discretion of circledm if the conditions are met. The amount of the voucher is determined by circledm. The voucher expires automatically after six months, and also if the platform does not go into operation or is discontinued or the contract between the corresponding Gastro Partner and circledm is terminated before the voucher is redeemed.

5.17. Reviews of our platform in public or comments, etc., must not violate the relevant regulations of these general GTC or legal provisions. In particular, defamatory, credit-damaging, insulting, untrue, unobjective, racist, or harmful to minors formulations or representations in reviews, violating the rights of third parties (e.g., their personal rights, right to one’s own image, copyright or trademark rights), are inadmissible. This also applies to any review function of the Gastro Partners provided via the platform.

6. Payment Processing for Guests

6.1. The purchase price is due immediately upon acceptance of the order by the Gastro Partner or according to the conditions of the payment service provider integrated on the platform. Thus, the amount in the amount of the purchase price is debited from the credit card or non-cash payment method (including debit cards) specified by you either upon acceptance of the order by the Gastro Partner or a payment service provider (e.g., Stripe). circledm only acts as an intermediary between you and the Gastro Partner and is entitled to receive payments in the name and on behalf of the Gastro Partner. circledm is in the camp of the Gastro Partner, and not in the camp of the customer. Payment of the purchase price is possible using the methods provided on the platform. circledm organizes the corresponding payments to the Gastro Partner via freely selected payment service providers (such as Stripe) in accordance with the GTC of the respective payment service provider, which you agree to upon payment. A debt-discharging payment is therefore only possible towards the latter. The Gastro Partner is fundamentally obliged to process your payment via a terminal or the platform and to offer all goods and services as advertised. During the payment process, there is no confirmation of a payment by the Gastro Partner’s app.

6.2. Service fees apply according to the contractual conditions of the respective payment processor and financial institution. This also applies to any refunds or chargebacks. Pre-authorizations are also based on their provisions.

6.3. Any discounts are only permissible and will only be granted if the payment could be successfully debited from your account from the stored non-cash payment method using the app. Discounts cannot be purchased but are issued unilaterally by circledm with a certain period of validity. The value of a discount is neither paid out in cash nor does it earn interest. The discount cannot be transferred to third parties. A discount is valid until revoked by circledm.

7. Applicable Law, Place of Performance, Jurisdiction

7.1. The contractual relationship is subject exclusively to Austrian law, excluding international referral norms and the UN Convention on Contracts for the International Sale of Goods.

7.2. Should individual provisions be or become legally invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. This does not apply if, in this case, adherence to the contract would represent an unreasonable hardship for one party.

Cancellation Policy, Cancellation Form

You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day of the conclusion of the contract, which is the registration on the circledm platform. The right of cancellation does not exist for reservations with a fixed date (§ 18 Para 1 lit 10 FAGG) and food and drinks (§ 18 Para 1 lit 1 FAGG).

To exercise your right of cancellation, you must inform us, circledm e.U., FN 495598x, by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to cancel this contract. You can use the attached sample cancellation form below for this, but it is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the notification regarding the exercise of the right of cancellation before the cancellation period has expired.

If you cancel this contract, we shall reimburse you for all payments we have received from you, 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 reimbursement, we use the same payment method that you used for the original transaction, unless something else was expressly agreed with you; in no case will you be charged fees for this reimbursement.

If you requested that the service should begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

The right of cancellation does not exist for contracts that have as their object the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision, as well as for goods that can spoil quickly or whose expiration date would be quickly exceeded or are not suitable for return for hygienic reasons and the delivery or consumption of food and drinks.

Sample Cancellation Form

(If you want to cancel the contract, please fill out this form and send it back.)

a) To circledm e.U., FN 495598x, Email: office@circledm.com

b) I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):

__________________________________________________________________________

Ordered on (*) / received on (*): __________________

Name of consumer(s): _____________________

Address of consumer(s): ___________________

c) Signature of consumer(s) (only for notification on paper): __________________

d) Date: __________________

(*) Delete as applicable.