Terms of Use

Effective from August 02, 2023
Du kannst hier eine Zusammenfassung der letzten Änderungen abrufen.

1.1 These luca Terms of Use for Users (“Terms of Use“) apply to all contracts (“Usage contracts“) between culture4life GmbH, Mörikestrasse 67, D-70199 Stuttgart (“luca“) and users (“Users:inside“) of the luca App software offered by luca as Software as a Service (“luca App“), including all related websites, platforms, services, applications and features (collectively, “Services“). These terms of use become part of every contract of use.

 

1.2 The services are offered in detail as currently available on luca’s website, including the section on frequently asked questions (FAQ) (“
Documentation
“).

 

1.3 For details on the individual data processing operations in connection with the provision of the services, please refer to the current privacy policy, which is available
here
can be accessed here.

 

1.4 These Terms of Use apply to the exclusion of all other terms and conditions. Deviating, contradictory or supplementary general terms and conditions only become part of the contract of use if luca has agreed to them in writing.

 

1.5 Insofar as the terms ‘in writing’, ‘in written form’ or similar are used in these terms and conditions, these refer to the ‘written form’ within the meaning of § 126 BGB. The electronic exchange of copies of handwritten signed documents and documents with a simple electronic signature (such as with the help of DocuSign or Adobe Sign) is sufficient in this respect. Unless expressly stipulated otherwise in these terms and conditions, the exchange of simple e-mails is not sufficient.

 

1.6 All notifications and declarations made by users to luca, in particular notices of termination and deadlines, must be made at least in text form (for clarification: a simple e-mail is sufficient), unless otherwise specified in these terms of use.

2.1 luca grants the User:s free access to the Services. In order to use the Services, Users must be at least eighteen (18) years of age or have obtained the consent of their legal representatives to use the Services.

 

2.2 In order to use the Services, Users must first accept these Terms of Use, provide certain User-related data within the Services and register to use the respective Services. Users can check the data they have entered and correct it if necessary. By successfully creating an account comes between luca and the respective users a binding contract of use is concluded.

 

2.3 luca has the right to downgrade, limit or otherwise modify the scope and/or content of the services at any time and without prior notice. Subject to the provisions in para.13 luca has no warranty, compensation, maintenance, support or availability obligations for the services.

 

2.4 luca is entitled to commission subcontractors at any time to fulfill its contractual obligations.

 

2.5 luca will not save the text of the contract after the contract of use has been concluded. The contract text is then no longer accessible to users and should therefore be saved by users beforehand.

 

3.1 In accordance with the user contract, luca grants users a simple, non-transferable, non-sublicensable right to use the services exclusively in accordance with the documentation during the term of the contract.

 

3.2 Users may not (and may not allow third parties to) do so directly or indirectly: (a) sublicense, transfer, distribute, share, or otherwise generate revenue from the services; (b) copy the services to a public or distributed network; (c) decompile, reverse engineer, disassemble, or otherwise attempt to obtain source codes, object codes or underlying structural ideas, know-how or algorithms, or other functional mechanisms of the services, unless this is permitted in individual cases due to mandatory legal provisions; (d) modify, adapt, translate, or create derivative works based on all or any part of the services (except to the extent permitted by luca or as authorized under the services); (e) modify any proprietary rights notices appearing in the services or any part thereof; (f) use the services in a manner that violates applicable laws and regulations or is outside the scope of in this section3 described scope of licence; and (g) use the services to (i) store, download, or transmit any infringing, defamatory, or otherwise unlawful or unauthorized material or any malicious code or malware, (ii) engage in phishing, spamming, denial of service attacks or other fraudulent or criminal activity; (iii) interfere with or disrupt the integrity or performance of any third party system or the offerings or data contained therein; (iv) attempt to gain unauthorized access to luca’s services or systems or networks; or (v) perform, or engage third parties to perform, penetration testing, vulnerability assessments, or other security assessments.

4.1 Users are obliged to use the Services only in full compliance with all applicable laws and regulations and the Documentation.

 

4.2 Users are obliged to procure and maintain at their own expense technical equipment and related additional services that are necessary for the User’s connection to, access to or other use of the Services by Users. This applies in particular to hardware, software, networks and mobile devices (collectively “Technical equipment“). lucas requirements for the technical equipment can be in their respective current version can be viewed on the luca website.

 

4.3 Users are solely responsible for the safety of the Technical Equipment and any use of the Technical Equipment known or unknown to the Users.

 

4.4 Users are solely liable for the content of all data displayed, uploaded, stored, exchanged or transmitted by Users via or with the help of the Services (collectively “
User data
“). luca cannot control the information that users may enter when using the services and cannot guarantee the accuracy of this information.

 

4.5 luca is entitled, without prior notice and without liability, to investigate suspected breaches of the User Agreement by Users and to take such legal and/or technical action against Users as luca deems appropriate to remedy such breaches. These measures include restricting, blocking or terminating users’ access to the services.

 

4.6 Users shall ensure that the information they provide in the Services is always up-to-date and correct.

5.1 With the help of luca’s digital payment function, users can use the luca app to make payments to participating points of acceptance (e.g. B. Operators of facilities such as restaurants and other businesses (“Operator:inside“). This requires that users register for digital payments via the luca app and provide a suitable payment instrument (e.g. Visa or Mastercard credit card details). The payment service associated with luca is provided by luca’s cooperation partner, Rapyd Europe hf, Suðurlandsbraut 30, 108 Reykjavik, Iceland (“Rapyd“) provided. Rapyd accepts Visa or Mastercard payments made by users via the luca app on behalf of the participating acceptance points and thus enables the payment of restaurant bills, for example, via the luca app.

 

5.2 Digital payments are activated within the luca app. After scanning the QR code provided by the respective operator, users can view the outstanding invoice amount after interacting with the operator. After a successful payment attempt, users receive a list of the transaction in their payment history within the luca app. In the event of failed payments or further queries regarding digital payments via the luca app, users can contact the support provided by luca for this purpose.

5.3 In addition, users can use the following additional optional functionalities in connection with digital payments via the luca app:

 

a. luca offers users the option of permanently storing payment method information in the luca app so that they do not have to enter it again when making new payments.

 

b. After making a payment, users can request a digital payment receipt via the luca app, which will be sent by luca to the e-mail address provided by the user. Users can also receive digital invoices or hospitality receipts from operators who have activated this function.

6.1 Users can use the luca App to make table reservations with Operators who participate in luca’s reservation system (“
Reservation function
“). luca merely mediates a reservation agreement, which is concluded exclusively between the user and the respective operator.

 

6.2 As part of the reservation function, an automatic check is made of the expected available seating capacity of the respective Operator at the desired reservation time on the basis of the information provided by the Operator at the time of the respective request, in particular regarding existing table reservations.

 

6.3 Users will be informed by the Operator by email about the status and any changes to the requested or existing table reservation. In addition, Operators generally remind Users of the table reservation by e-mail forty-eight (48) hours before the planned restaurant visit, provided that the table reservation is made at least seven (7) days before the restaurant visit.

 

6.4 Users are obliged to cancel table reservations that they are unable to keep as early as possible, but no later than twenty-four (24) hours before the restaurant visit, and in any case at the time stated in the e-mail in which the Operator confirms the table reservation.

 

6.5 If Operators charge a fee for table reservations (
“reservation fee”
), which users were expressly informed of during the table reservation process, users agree that the reservation fee will be collected at the time of the binding table reservation request.

 

6.6 In the event that a table reservation is duly honored, the reservation fee will be refunded to users within five (5) working days.

 

6.7 If Users make a table reservation (a) after expiry of the relevant deadlines pursuant to Section6.4 (a) cancel the reservation, or (b) fail to do so, operators may retain the reservation fee at their own discretion. In such cases, users are not entitled to a refund of the reservation fee retained. The user is entitled to prove that the operator has not incurred any damage or that the damage is significantly lower than the reservation fee.

 

6.8 If users repeatedly fail to make table reservations without having canceled them in advance, luca may, at its own discretion, deactivate the user’s access to the reservation function and/or other services for users. The assertion of claims by operators against such users due to table reservations not taken/not canceled in due time remains unaffected by this.

7.1 Users can use the luca app to place orders for products with operators who participate in luca’s digital ordering system. The order is placed on the basis of the product information provided by the operator, in particular digital menus, food information and experience packages. luca merely mediates the contract on which the order is based, which is concluded exclusively between the users and the respective operator comes about.

 

7.2 luca is not liable to users for the content, accuracy and up-to-dateness of the product information, in particular digital menus, stored by operators in luca’s digital ordering system. Users are advised to contact the operators directly in advance regarding ingredients and additives subject to declaration, including those that trigger allergies and intolerances.

 

7.3 The Operators are not obliged to accept orders from Users. In the event of incorrect or non-serious orders and violations of these terms of use luca may, at its own discretion, deactivate users’ access to luca’s digital ordering system and/or other services for users and cancel orders on behalf of operators.

 

7.4 If products with an age restriction, such as alcoholic beverages, have been ordered and users are unable to prove that they meet the relevant age requirements, the contract cannot be fulfilled and the operators are entitled to demand a cancellation fee in the amount of the agreed product price. Users are permitted to prove that the Operator has not incurred any damage or that the damage is significantly lower than the cancellation fee.

 

7.5 Any inquiries and complaints regarding the offer of operators, related orders or contracts must be addressed directly to the operators concerned.

Users who have concluded a distance contract with operators for digital orders via the luca app have the right to withdraw from this contract with the respective operator,

 

(a) insofar as it is not a contract for the supply of products which

 

  • are not prefabricated and for the production of which an individual selection or determination by the user is decisive or which are clearly tailored to the personal needs of the respective user (§ 312g para. 2 no. 1 BGB);
  • can spoil quickly or whose expiration date would be quickly exceeded (§ 312g para. 2 no. 2 BGB);
  • are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312g (2) No. 3 BGB); or
  • have been inseparably mixed with other goods after delivery due to their nature (§ 312g para. 2 no. 4 BGB);

 

and

 

(b) insofar as it is not a contract for services in the areas of accommodation for purposes other than residential purposes, transportation of goods, vehicle rental, delivery of food and drink and in connection with leisure activities and the contract provides for a specific date or period for the provision (Section 312g (2) No. 9 BGB).

 

If none of the aforementioned reasons apply, users have the following right of withdrawal with regard to the contract with the respective operator:

 

Cancellation policy

Right of withdrawal

 

Users have the right to withdraw from this contract within fourteen (14) days without giving any reason.

 

The withdrawal period is fourteen (14) days from the date of conclusion of the contract. In order to exercise the right of withdrawal, users must inform us, culture4life GmbH (Mörikestraße 67, 70199 Stuttgart; telephone number: +49 30 221 83 85 58 (Germany); e-mail address: hello@luca-app.de) of their decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). In order to comply with the withdrawal period, it is sufficient for users to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of revocation

 

If Users withdraw from this contract, the respective Operators shall reimburse Users for all payments they have received from Users, including any delivery costs (with the exception of additional costs resulting from the fact that the respective Users have chosen a type of delivery other than the cheapest standard delivery offered by Operators), immediately and at the latest within fourteen (14) days from the day on which luca receives notification of the withdrawal from this contract. For this repayment, operators use the same means of payment that the respective users used for the original transaction, unless expressly agreed otherwise; in no case will the respective users be charged any fees for this repayment.

 

End of the withdrawal policy

 

Sample withdrawal form

 

(If you wish to withdraw from the contract, please complete this form and return it to us).

 

To culture4life GmbH (Mörikestraße 67, 70199 Stuttgart; e-mail address: hello@luca-app.de):

– 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 the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for notification on paper)

– Date

 

(*) Delete as appropriate.

9.1 luca’s loyalty program is a bonus program as part of luca’s digital payment option. If users have created a user account to use the luca app, they automatically participate in the loyalty program. As an incentive to use the services, luca offers users the opportunity to receive certain benefits in an amount previously determined by luca through certain activities on or in connection with the services (“Loyalty points“). Activities that entitle you to loyalty points may include, for example, making a payment via the luca app, registering for one of the services or recruiting users. luca reserves the right to decide at its own commercial discretion on what occasion and to what extent loyalty points are offered and can be redeemed by users.

 

9.2 As soon as users have undertaken the activity entitling them to loyalty points, luca will credit these to their user account. The sum of the acquired and not yet redeemed loyalty points is displayed within the luca app. Loyalty points are not cashable and cannot be purchased for money. Loyalty points do not bear interest and are not transferable between users. luca reserves the right to set a maximum amount of loyalty points per user, so that once a certain number of loyalty points have been earned by a particular user, no further additional loyalty points will be offered.

 

9.3 Where provided for by luca, users can use loyalty points collected from selected operators to reduce an amount payable to the operator. Users are not entitled to use their loyalty points with certain operators. If loyalty points can be used for a specific payment, this will be displayed to the user during the payment process in the luca app. The use of loyalty points is exemplified as follows: One loyalty point currently corresponds to a value of €0.01. If, for example, users wish to pay an operator for services worth €20.00 via the luca app and are offered the option of using loyalty points, users can use, for example, 200 loyalty points to ensure that only €18.00 is charged to the user’s payment instrument instead of €20.00. The difference of € 2.00 is then paid by luca to the operator:in. In this case, the loyalty points credited to the user’s user account will be reduced by 200 loyalty points.

 

9.4 The maximum amount for usable loyalty points per payment of the user is 5000 loyalty points.

 

9.5 Regulmary expire thecollected by the user expire, loyalty points after twelve (12) weeks. The start of the period is the date of Receipts.

 

9.6 In the event of termination or other termination of the user contract by users, all loyalty points of the users shall automatically expire. In the event of termination or other termination of the user contract by luca, the user’s loyalty points will only expire eight (8) weeks after the notice of termination.

 

9.7 Irrespective of the continued existence of the user’s contract of use, the fiduciary rights shall lapse.eThe user’s loyalty points will also expire if luca informs users in text form (including by notification in the luca app) that their loyalty points will expire after a period of eight (8) weeks from this notification and users then fail to redeem their loyalty points within this period.

10.1 Unless otherwise agreed in individual cases, the User Agreement shall commence at the time of acceptance of the Terms of Use by the User. The User Agreement shall remain in force for an indefinite period of time unless terminated.

 

10.2 luca or users may terminate the contract of use at any time with immediate effect. The complete deletion of the Services from the User’s device using the delete button in the app shall be deemed to be a termination of the relevant User Agreement by the User. Details on the storage period and deletion can be found in the current version of the privacy policy, which is
here
can be accessed.

11.1 luca and its contractors, if any, own and retain all proprietary rights, including copyrights, database rights, patents, trade secrets, trademarks and all other intellectual property rights and technical solutions in and relating to the Services. Users acknowledge that the rights granted under a User Agreement do not give Users any ownership rights to the Services.

 

11.2 All rights to User Data and to data based on or derived from User Data shall remain with Users. Users grant luca a non-exclusive, non-transferable, sub-licensable right (of use), unlimited in terms of territory and content, to use the user data exclusively to the extent necessary for the provision of the services, even beyond the termination of the user contract.

 

11.3 luca is entitled to collect and analyze data and other information relating to the provision, use and performance of the Services and related systems and technologies (in particular information relating to user data), and luca is free during or after the end of the User Agreement to use such data and information or have it used to improve and further develop the Services and for the purpose of further developments, diagnostics and corrective measures relating to the Services and other offers of luca, but exclusively in aggregated or otherwise anonymized form. to improve and develop the Services and for the purpose of further development, diagnosis and correction of the Services and other luca offerings, but only in aggregated or otherwise anonymized form and only in a manner that does not directly disadvantage users.

 

11.4 luca will take reasonable steps to ensure that the security of the Services complies with relevant industry standards.

 

11.5 luca reserves the right to make new versions and updates to the Services, in particular changes to the design, operational procedures, technical specifications, systems and other functions of the Services, at any time and without prior notice.

12.1 luca will at all times comply with the requirements of the applicable data protection law, in particular the General Data Protection Regulation of the European Union.

 

12.2 The processing of personal data by luca in connection with the Services is explained in more detail in luca’s Privacy Policy, which is available
here
can be accessed here.

13.1 Subject to the provisions of Section 599 BGB, luca has unlimited liability for (a) injury to life, limb or health by luca, luca’s legal representatives or vicarious agents; (b) damage caused intentionally or through gross negligence by luca, luca’s legal representatives or vicarious agents; (c) damage due to the absence of a guaranteed quality; and (d) claims arising from the German Product Liability Act (ProdHaftG).

 

13.2 Subject to the provisions of Section 599 BGB, luca is liable for damages arising from the breach of cardinal obligations by luca, luca’s legal representatives or vicarious agents. Cardinal obligations are those obligations whose fulfillment is essential for the proper execution of the contract of use and on whose compliance users regularly rely and may rely. If the breach of cardinal obligations is caused by slight negligence on the part of luca, luca’s legal representatives or vicarious agents, luca’s liability is limited to the amount that was foreseeable for luca at the time the respective service was provided.

 

13.3 Subject to the provisions of Section 599 BGB and Clauses13.1 and13.2 luca is not liable for damages arising from the breach of obligations which do not constitute cardinal obligations and which were caused by slight negligence on the part of luca, luca’s legal representatives or vicarious agents.

 

13.4 Users acknowledge that the verification of official identification documents via the Services is carried out by independent third parties in accordance with the terms of use agreed between the User and such third parties and that the use of third-party software by the User may be necessary for this purpose. In this respect, luca does not become a contractual partner of the users and is therefore not responsible for the proper verification by such third parties.

 

13.5 Users acknowledge that the execution of payments through the Services by independent third parties is subject to terms of use agreed between Users and such third parties. In this respect, luca does not become a contractual partner of the user and is therefore not responsible for the proper execution of payments.

 

13.6 luca is available in connection with the reservation function pursuant to Section 6 luca is neither responsible for the realization of a reservation nor for the availability or the actual provision of reserved tables by the respective operator.

 

13.7 luca is available in connection with the ordering function pursuant to clause 7 neither for the conclusion of the contract on which the order is based nor for its successful fulfillment by the respective operators.

 

13.8 Users acknowledge that the use of the Services may not make the presentation of original documents unnecessary.

 

13.9 Any liability beyond that specified in this clause13 regulated in this clause 13 is excluded.

14.1 The User Agreement constitutes the entire agreement between the User and luca in relation to the subject matter of the Agreement and supersedes and excludes all previous written, textual or oral negotiations, arrangements, understandings, exercises or agreements between the parties in relation to the subject matter of the Agreement.

 

14.2 Should a provision of the contract of use be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions.

 

14.3 Amendments or additions to the contract of use must be made in text form (the exchange of simple e-mails is sufficient). Agreements to deviate from this text form requirement or to waive it completely must be made in writing. Digit 14.4 remains unaffected.

 

14.4 luca may amend and/or update these Terms of Use for existing user contracts with effect for the future if this is necessary either for technical, economic or legal reasons and insofar as this does not constitute a change that affects the basis of the legal relationship between neXenio and the customer and is equivalent to the conclusion of a new contract or if this affects luca’s loyalty program. Announcement of any changes will be made at least eight (8) weeks prior to their intended effective date on the luca website and in the luca app. Users may agree or object to the amendment before the date on which it is intended to come into force. The amendment shall be deemed to have been accepted by the User if the User does not object to the amendment before the date on which it is intended to come into force. In the event of a timely objection by the user, the user contract shall end at the time of the intended entry into force of the amendment to these Terms of Use. This means that it is no longer possible to use the services.

 

15.1 Any User Agreement and all disputes or claims (whether contractual or non-contractual) arising out of or in connection with the User Agreement or its subject matter or formation shall be governed by the mandatory laws of the country in which the User is habitually resident (i.e. those provisions of the law of that country which cannot be derogated from by agreement). In all other respects, the law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

 

15.2 The European Commission operates an online arbitration service which can be accessed via this link can be reached. luca is not obligated to participate in dispute resolution proceedings before this arbitration board or before any other consumer arbitration board.