A. General Terms.
2. Services offered by DISH Platform.
2.2. Users may purchase Services provided by Providers via the DISH Platform free of charge or against payment. The decision as to whether a Service is provided free of charge or against payment lies with the respective provider. DISH itself shall not become a party of a contract concluded between the User and a Provider; DISH shall merely mediate the conclusion of such contract via the DISH Platform. All claims and obligations arising from such contract exist directly and exclusively between the User and the Provider. Users may find details on the Services of a Provider in the Terms & Conditions, the Service description and on the respective Provider’s website.
3. Rights and Obligations of DISH.
3.1. DISH makes the DISH Platform technically available, but does not guarantee the availability of the DISH Platform.
4. Responsibility for Content, Data and other Information.
4.1. DISH is not responsible for the information given by Providers about their Services. In particular, DISH does not guarantee that this information is accurate or suitable for achieving the purpose stated therein. Likewise, DISH does not guarantee the accuracy of information regarding the functionality or a certain availability of the Services of Providers.
4.2. Content provided by DISH itself is expressly marked as such.
4.3. DISH has no influence on the contents of linked third-party websites. DISH therefore accepts no liability for the correctness and completeness of such websites.
5.1. Use of the DISH platform is generally free of charge for the User. DISH reserves the right to subject the DISH Platform or parts thereof to a payment obligation at any time. The User will be expressly informed of this in advance.
5.2. Should certain Services be offered on the DISH platform by DISH or by a Provider against payment, the User shall be expressly informed of this prior to use.
5.3. If a Provider offers Services on the DISH platform for a fee and payment is not made directly via the Provider but via DISH, the following applies to the payment process: DISH has commissioned Wirecard AG, Einsteinring 35, 85609 Aschheim and Stripe Payments Europe Ltd., The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland (hereinafter the "Payment Service Providers") to process payments between Users and Providers made via the DISH Platform. The Payment Service Providers accept the User's payments using the various payment methods on behalf of the Provider on their own account with a credit institution and pay the funds to the Provider. The payment methods provided include, but are not limited to, payment in advance, PayPal and credit card.
6. Automated Queries.
The use of the DISH platform is not permitted for the purposes of automated queries. The content available on the DISH Platform (photos, texts, graphics, videos) is protected by copyright so that duplication (in particular by automated reading, so-called "scraping") and the use of content for resale purposes is prohibited.
DISH’s liability is excluded for all damage, irrespective of the legal cause, unless the damage
a) is based on culpable breach of material contractual duties, i.e. duties whose fulfilment makes proper performance of the agreement possible in the first place and on whose compliance the contractual partner should normally be able to rely on, provided that our liability is limited to the damage or loss which is reasonably foreseeable;
b) was caused by gross negligence or intent on the part of DISH, and
c) constitutes an injury to life, limb or health, damage as defined by the German Act on Liability for Defective Products.
8. Data Protection.
9.2. DISH may use personnel and resources in various countries, including subcontractors.
9.4. All legal disputes arising from or in connection with the DISH Platform between the user and DISH shall be governed exclusively by the laws of the Federal Republic of Germany. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the User has his habitual residence as a consumer, shall remain unaffected.
9.5. If the User is an entrepreneur, the exclusive place of jurisdiction shall be Düsseldorf. The same place of jurisdiction shall apply if the user does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode outside Germany after conclusion of the contract or his place of residence or habitual abode is not known at the time the action is filed. 40 para. 2 ZPO remains unaffected by this.
9.6. The European Commission offers the possibility to settle disputes on an online platform. You can find this platform under the external link ec.europa.eu/consumers/odr/. DISH does not participate in dispute resolution proceedings before consumer arbitration bodies.
B. Special Terms for Registered Users and for the Use of Certain Services.
10.1. The use of certain Services of the DISH platform requires prior registration, which results in a user agreement between DISH and the User. Users are expressly informed of the requirement to register with DISH before using the Services which require registration.
10.2. In order to register, a User account must be created on the DISH platform and the data required as part of the registration process (including company and establishment addresses) must be provided. The User warrants providing correct and complete information as part of the registration process. If a User provides incorrect or incomplete information, DISH shall be entitled to deactivate or delete the User's user account without notice.
10.3. In general, registration on the DISH platform is only permitted to entrepreneurs (§ 14 BGB) in the hospitality industry and their respective employees. DISH may also grant access to companies from other sectors if this is compatible with the purpose of the DISH platform in the opinion of DISH. For employees of an entrepreneur, a special sub-user account may be registered, which can be linked to the entrepreneur's User account. Not all Services of the DISH Platform are available to Users of a sub-user account. This applies in particular to those Services which are subject to payment.
10.4. The User agrees to be responsible for all activities carried out via his User account.
10.5. Registration of a User might be subject to prior confirmation by DISH. Confirmation shall be issued at DISH's free discretion and in text form. If further steps are necessary to complete the registration, the User will be informed accordingly.
11. User Obligations.
11.2. The User shall designate a contact person to serve as contact for communication between DISH and the User. The User warrants that the contact person is entitled to make legally binding declarations with effect for and against the User (power of representation). The contact person must have a valid mobile number which allows the reception of notifications via SMS (short message service) and communicate this mobile number to DISH when registering.
11.4. Users shall keep the password required for logging on to the DISH Platform secret at all times and secure it appropriately. If the User, based on factual indications, suspects that third parties have access to his user account, he is obliged to inform DISH immediately and at least in text form.
12.1. DISH offers Users the opportunity to register for events, to exchange information with each other and to receive information about the hospitality and food industry as well as its digitization.
12.2. A User can decide at any time whether his user profile is to be visible to other Users via the administration of his User account. In this case, the User can be found by other Users via the search function of the DISH Platform. The User can set his profile page to "Private" at any time, so that other users cannot find him in the search or receive any other information.
12.3. Users are prohibited from passing on to third parties or using for advertising purposes the contact data of other Users which they have obtained through the use of the DISH Platform.
13. Team Management
13.1. DISH offers Users the opportunity to organize their teams on DISH. This contains the possibility to invite team members to DISH, assign different roles and responsibilities to team members.
13.2. This functionality also includes distribution functionality. User and team members can be informed by preferred communication ways about incoming information and tasks from connected Digital Tools (e.g. new reservation via Reservation Tool being distributed to team members for further handling).
13.3. DISH is merely serving as management and distribution function. The handling of tasks per se will be done in respective tools and not on DISH.
14. Forums and Reviews.
14.1. Users may rate selected Services on the DISH Platform. Users also have the opportunity to post in discussion forums in some cases.
14.2. Each User is responsible for the content of a review and for his posts in discussion forums. The reviews and posts represent the view of the User. Dish does not adopt any reviews or posts.
14.3. A User is prohibited from posting
· Incorrect or misleading statements,
· Content which violates personal, intellectual property or other rights of third parties or
· Content which qualifies as a criminal offense.
14.5. Users may notify DISH at any time by email to email@example.com of any unlawful posts or reviews they witness.
14.6. The User indemnifies DISH against all claims which other Users or third parties assert against DISH due to an infringement of their rights in relation to reviews and posts.
15. Term and Termination.
15.1. DISH and the User enter into the agreement for the use of DISH platform for an indefinite period of time.
15.2. The User or DISH may terminate the contract subject to the following conditions in writing or by e-mail: (a) the User at any time without notice: (b) DISH at any time with a notice period of fourteen (14) days.
15.4. A termination of the user contract between DISH and the User has no effect on any contract concluded between the User and the Provider.
DISH_T&Cs_V2 April 2019_engl. / AG