Terms of use
for the use of the Westfalenhalle Webshop of Aramark Restaurations GmbH
As of 09/2024
1. Scope of application
These terms of use apply to the use of the webshop, which can be accessed via the website https://westfalenhalle.aramark-restaurations.de (hereinafter referred to as the "Application") with all content, functions and other services provided by Aramark Restaurations GmbH (hereinafter referred to as the "Operator") within the scope of the aforementioned Applications. The user's general terms and conditions shall only become part of the contract if they have been expressly agreed in writing. Use of the Application is permitted exclusively on the basis of these terms and conditions. Any entrepreneur/trader over the age of 18 may become a user.
For all goods and products purchased by the user via the Application in the online store, the “General Terms and Conditions of Aramark Restaurations GmbH for the Webshop Westfalenhalle (B2B)” shall also apply in accordance with the following letter B.
2. Use of the Application
The contractual object is the free use and display of the Application with its functions available in their current version.
3. Exclusion of use
Any other use of the Application without the prior written consent of the Operator is prohibited, as well as the use of automated systems or automated software to extract content from the Application. Any access to the content of the Application that does not take place via the Application’s user interface is also prohibited.
All actions that may interfere with the function of the Application must be avoided. This also includes measures that could result in an excessive or unreasonable load on the Application infrastructure.
Notwithstanding the assertion of other rights, the Operator reserves the right to block access to the Application at any time in the event of a violation of these terms of use.
4. Maintenance & updates of the Application - Changes to the range of functions
The Operator may provide updates for the Application and thus ensure proper functioning as well as modify, amend or remove the functions offered. The Operator is under no obligation to do so. Users must ensure that they always use the latest version of the Application.
5. Operational readiness of the Application
The Operator does not guarantee the technical readiness for use and the functionality of the Application and related services at all times. Equally, the Operator does not guarantee that the technical requirements (e.g. network availability) for using the Application will be met at all times.
6. Risk of abuse and loss
The user is solely responsible for the safekeeping of the user's smartphone, tablet, PC, or any other end device on which the Application may have been downloaded or can be accessed, as well as the password for the user account of the Application. In the event of misuse, there is no entitlement to compensation for the benefits of the Application misused by third parties, such as coupons or stored credit.
The user bears the risk of misuse of their user data or unauthorized access to their user account by third parties. The Operator shall also be released from its obligation to perform in the event of performance to a third party who is not authorized to dispose of the user account.
7. Term and termination
The use of the Application without registration may be limited.
Registration is required to make full use of the Application's functions. This requires a current and valid e-mail address and a personal password. The e-mail address must be provided truthfully and updated immediately in the event of changes to ensure proper service. In addition, further personal details may be requested during the registration process on a voluntary or mandatory basis. Following registration, the Operator will send a registration confirmation by e-mail along with these terms of use. Only upon reception of the confirmation e-mail is the registration process successfully completed and the user contract concluded. There is no entitlement to the conclusion of a contract of use. The contract runs for an unlimited period of time.
Users can terminate the contract at any time by sending a request to delete their user account to the Operator using the contact details provided in the legal notice. The operator may terminate the contract with the user at any time by giving four weeks' notice to the user.
Upon termination of the contract, any unused benefits (in particular discounts not yet redeemed) of the user account shall expire without compensation.
The Operator reserves the right to exclude any user from using the Application should the user violates these terms of use or other legal provisions that apply to the contractual relationship. In this case, any unused benefits (in particular discounts not yet redeemed) of the user account shall expire without compensation.
The Operator reserves the right to shut down the Application and/or replace it with another Application at any time without giving reasons, subject to a reasonable period of notice.
8. Data protection
The Operator shall collect, process, and use the user's personal data exclusively for the purposes of implementing this contract of use regarding the Application within the framework of the applicable data protection regulations, particularly the General Data Protection Regulation, the Federal Data Protection Act and the Telemedia Act. For further information on data protection and data security, please refer to the Operator's privacy policy, which can be accessed at any time in the Application.
9. Liability
Claims by users of the Application for damages against the Operator are excluded or limited in accordance with this paragraph. In particular, the Operator shall not be liable for damages associated with delayed or failed transfer of data and information to the Application, a malfunction of the Application for which the Operator is not responsible, damages to the smartphone or other end devices, malfunctions of the smartphone or other end devices, delays in data transfers or other technical difficulties for which the Operator is not responsible.
Claims for damages due to culpable injury to life, limb or health, the breach of essential contractual obligations (“cardinal obligations”) as well as those based on an intentional or grossly negligent breach of duty by the Operator, its legal representatives or vicarious agents are excluded from the exclusion of liability stated above. Cardinal obligations within the meaning of these terms of use are obligations that are essential for the proper performance of the contract and the achievement of its purpose and on the compliance of which the user may therefore regularly rely.
Insofar as the Operator is not liable for intent, gross negligence or injury to life, limb or health, liability is limited to the foreseeable damage typical of the contract, even in the event of a breach of cardinal obligations.
The restrictions pursuant to this Section 9 shall also apply in favor of the legal representatives and vicarious agents of the Operator if claims are asserted directly against them.
A change in the burden of proof is not associated with the above provisions. Claims under the Act on Liability for Defective Products remain unaffected.
10. Liability for content
As a service provider, the Operator is responsible for its own content in the Application in accordance with the general laws pursuant to Section 7 (1) TMG. However, according to Sections 8 to 10 TMG the service provider is not obliged to monitor transmitted or stored third-party. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a specific infringement. The operator will remove such content immediately upon awareness of any such legal infringements.
11. Specific product information
The information on the offers and products (e.g. prices) shown in the Application is not binding. The operator expressly reserves the right to change e.g. prices as well as the products and offers at short notice.
12. Liability for external links
The Application may contain links to external third-party websites over the contents of which the operator has no influence. Therefore, the operator cannot accept any liability for this third-party content. The respective provider or operator of the external pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. At the time of linking no illegal content was identified.
However, permanent monitoring of the content of the linked pages without concrete evidence of an infringement is not reasonable. The Operator will remove such links immediately upon awareness of any legal infringements.
13. Copyright
The content and works created by the operators of this Application are subject to German copyright law. Duplication, processing, distribution, and any form of commercialization of such material beyond the scope of copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use.
Insofar as the content in this Application was not created by the Operator, the copyrights of third parties are respected, particularly by identifying third-party content as such. Should you nevertheless become aware of a copyright infringement, please notify us accordingly. The Operator will remove such content immediately upon awareness of any infringements.
14. Changes to the terms of use
The operator reserves the right to change these terms of use at any time. The changes will be communicated to the users at least 10 calendar days before the intended date of entry into force. If the user does not object to the operator within a period of 10 calendar days, starting from receipt of the notification of the changes, the changes shall be deemed approved. The Operator shall inform the user of this approval effect separately with the notification of the intended changes to these terms of use.
In the event of an objection, the contract shall end on the date on which the changes come into effect without requiring any further declaration by the Operator. In this case, any unused benefits (e.g. discounts not yet redeemed) of the user account up to this point in time shall expire without compensation at the time of termination of the contract. The Operator shall also inform the user of these consequences of an objection separately with the notification of the intended changes.
The operator will take the interests of users into account appropriately when changing the terms of use.
15. Applicable law and final provisions
Should one or more provisions of these terms of use or the General Terms and Conditions of Sale be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the intention of the parties. The same applies if agreements contain a loophole.
This contract is subject exclusively to German law. The language of the contract, also in the context of the conclusion of the contract, is German.
Contact details
Please send any messages regarding this Application to:
Aramark Restaurations GmbH
Martin-Behaim-Str. 6
63263 Neu-Isenburg
E-mail: info@aramark.de