Privacy & Terms

Uploaded on 04.11.2022, valid for existing users from 11.11.2022

These Terms govern your use of the Platform. Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platform or available by hyperlink. These Terms govern all Orders made through the Platform. If you do not agree with the Terms, please do not use the Platform.

The Platform may be used by (i) individuals of legal capacity as required and (ii) corporate legal entities, e.g. companies, where their legal representatives create accounts.

If you are below legal age, the validity of any contracts entered in by you is subject to the Austrian legal principles governing legal capacity. If necessary, you must obtain consent from your parent(s) or legal guardian(s), who by virtue of the continued access and use of the Platform by the User agree that they have accepted these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platform and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately.

If you register and/or use the Platform as a representative of a corporate legal entity, you represent and warrant that you are fully authorised and have the capacity to represent, oblige and act on behalf of such legal entity.

kolapata reserves the right to amend these Terms (including our policies and any other terms which are incorporated into these Terms) at any time in accordance with section 23 of these Terms.

If you have any questions, doubts or complaints in respect to these Terms kindly reach out to our customer support via email support@kolapata.at or through our in-app customer support chat feature as available on the Platform, subject to section 26 of these Terms.

DEFINITIONS

Account shall mean the kolapata account opened by you for the use of the Platform.

Affiliates shall mean in relation to kolapata any existing and/or future legal entity which directly or indirectly Controls, is Controlled by, or is under common Control with it. For the purpose of this definition, “Control” (including the terms “Controls”, “Controlled by” and “under common Control with”) shall mean: (i) the direct or indirect ownership of fifty percent (50%) or more in the aggregate of the voting power of the equity interest of that entity, (ii) the direct or indirect ownership of fifty percent (50%) or more of the equity interests in that entity; (iii) the direct or indirect ownership of fifty percent (50%) or more of the assets of that entity, (iv) the right to fifty percent (50%) or more of the profits distributed by that entity; and/or (v) otherwise the power, directly or indirectly, to direct substantial management and business policies or decisions of that entity, or the power to veto substantial management and business policies or decisions of any such entity, whether through the ownership of voting securities, by contract or otherwise.

Good(s) shall mean prepared meals, non-prepared food and miscellaneous non-food items offered by the Vendors on the Platform.

Intellectual Property shall mean all rights that kolapata has to any registered or unregistered, trademarks, software (including the Platform), copyright, know-how, trade secret, trade name or similar rights whether it can be protected or cannot be protected by an intellectual property right.

Order(s) shall mean an order for Goods.

Platform shall mean the mobile application “kolapata” and the website www.kolapata.at, www.kolapata.at among others operated by kolapata in Austria.

Terms shall mean these terms of use that apply to any Order using the Platform, any additional terms and conditions and any policies referenced herein, available on the Platform or available by hyperlink.

Tip shall mean a voluntary amount of money, within the options in the Platform, paid by you intended for the benefit of the rider delivering the Goods.

Vendor(s) shall mean, including but not limited to, third party or affiliated restaurants, supermarkets, grocery shops, registered online-pharmacies or any other shop, who have previously contracted with kolapata their intermediation services, providing all the information of the Goods that are displayed through the Platform (including price, characteristics, and in general all their objective conditions), in their exclusive capacity as producer, supplier and/or vendor, being therefore directly responsible for complying with all the objective characteristics of the Goods that are available on the Platform.

you shall mean all individuals or legal entities accessing and/or placing orders on the platform.

WHAT WE DO

Through our Platform, kolapata links you to the Vendors for you to order a variety of Goods to be delivered to you or, where available, picked up by you from the Vendors’ premises. When you place an Order, kolapata acts as an intermediary between you and the Vendor, to facilitate, process and conclude the Order and, subsequently for either us or the Vendor to deliver your Order to you or, if available, to be picked up by you. In cases where delivery is provided by kolapata, this will be indicated in the listing for each respective Vendor. Unless otherwise specified, delivery of your Order is carried out by the Vendor.

You acknowledge that, among other things, food is also offered on the platform. Among other things, food may contain additives and allergenic ingredients that can trigger allergic reactions or intolerances. The Vendors are solely responsible for the lawful indication of this information. Should you experience allergic reactions, we recommend contacting the Vendor immediately and seeking medical advice.

Vendor listings: Vendors have the option to pay for preferential ranking of their listing in the page displaying the available restaurants / shops to customers, as well as in search results. Such listings are tagged as “featured”. Other than listings marked as "featured", and unless the customer uses the option to filter or sort listings in a particular order (e.g. “sort by: price high to low”), any search results and/or Vendor listings are displayed in an order calculated by an algorithm based on the distance to you and the popularity of the Vendor (e.g. on the basis of user reviews), but otherwise not given preferential order.

Unless otherwise stated on the Vendor’s menu page, Vendors are “traders” under applicable consumer laws and statutory EU consumer rights will apply to your contract with Vendors.

USE OF THE PLATFORM AND ACCOUNT

3.1 ACCOUNT CREATION AND PASSWORD

3.1.1 You will need to register for an Account for you to use the Platform. When you register for an Account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. Your password shall not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe and kolapata is under no obligation to verify anything other than if the entered password matches the set password. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Account are your sole responsibility. If you forget your password, you can reset it by clicking on "forgot password?”.

3.1.2 If you have a Facebook, Google or Apple Account you have the possibility to create your Account using the credentials included therein.

3.1.3 Upon successful registration and login, users gain access to their user accounts and can view (past) Orders, edit their account details, store addresses and payment information for later use, etc.

3.1.3 kolapata reserves the right to require further information from time to time for the registration or continued use of an account, if collecting this information becomes a legal requirement, is necessary to fulfill Orders or is required in connection with the delivery of Restricted Products and to prompt users at any time to provide such further information.

3.1.4 It is in kolapata’s sole discretion to accept or decline a registration request without giving reasons.

3.2 USE OF ACCOUNT TO PAY ORDERS

To place an Order, you may use your Account as a payment instrument to give us a payment order to debit one of the payment methods you have opted for as available on the Platform (e.g. credit card). You will be able to store different payment methods for future use. To make a payment order, you need to be logged into your Account with your password. You will give your payment order when clicking “Place Order” and you have selected a payment method other than cash on delivery.

3.3 INCOMPLETE, INCORRECT OR MISSING INFORMATION

Subject to section 16 of these Terms, kolapata shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information. Moreover, you are obliged to keep this information updated at all times.

3.4 ACCOUNT DELETION

If you wish to delete your Account, please send us an email requesting the same at datenschutz@kolapata.at or any other means available (Help-Center, mail etc.) or via our apps.. Subject to section 22 of these Terms we may restrict, suspend or terminate your Account and/or use of the Platform, if we reasonably believe that:

3.4.1 someone other than you is using your Account; or

3.4.2 you have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platform or unlawful in respect to statutory provisions.

3.5 PERSONAL ACCOUNT AND PROHIBITION TO HAVE MORE THAN ONE ACCOUNT

The Account is personal and non-transferable. It is prohibited for a User to register or have more than one Account. In case of breach to the above provision, kolapata reserves the right to cancel, suspend or disable the Accounts in accordance with section 17 of these Terms, this without prejudice to other legal measures or actions kolapata might have access to in accordance with applicable law.

3.6. DATA PROTECTION

We process your personal data in accordance with kolapata’s privacy policy and by accepting the Terms, you are aware that we may send emails and/or text messages in relation to your order.

ACTIVITIES AND CONDUCT PROHIBITED ON THE PLATFORM

The following is a non-exhaustive list of the types of conduct and/or activities that are illegal or prohibited on the Platform. kolapata reserves the right to investigate and take appropriate legal action against anyone who, in kolapata’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

4.1 using the Platform for any purpose in violation of applicable laws or regulations;

4.2 posting any content that infringes the Intellectual Property (as defined in section 14 of these Terms) rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

4.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by kolapata in its sole discretion or pursuant to local community standards;

4.4 posting content that constitutes cyber-bullying, as determined by kolapata in its sole discretion;

4.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;

4.6 posting telephone numbers or street addresses or other personal information of any person;

4.7 posting URLs to external websites or any form of HTML or programming code;

4.8 posting anything that may be “spam,” as determined by kolapata in its sole discretion;

4.9 impersonating another person when posting content;

4.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

4.11 allowing any other person or entity to use your identification for posting or viewing comments;

4.12 harassing, threatening, stalking, or abusing any person on the Platform;

4.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the sole discretion of kolapata or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

4.14 encouraging other people to engage in any prohibited activities as described herein.

RIGHT RESERVES

kolapata reserves the right but is not obligated to do any or all of the following (with no limitation to other actions):

5.1 investigate an allegation that any content posted on the Platform does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;

5.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

5.3 monitor, edit, or disclose any content on the Platform;

5.4 edit or delete any content posted on the Platform, regardless of whether such content violates these Terms;

5.5. in accordance with section 22 of these Terms suspend or terminate your access to the Platform or your Account upon any breach of these Terms; and

5.6 cancel any Order and/or suspend, deactivate or terminate your Account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Account and/or with your Order and/or any of the reasons named in section 4 of these Terms.

ORDERS

6.1 PRIOR TO PLACING AN ORDER

6.1.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.

6.1.2 Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.

6.1.3 Please note that your Order may be subject to additional terms and conditions provided by the Vendor. If that is the case, you will be provided with such terms and conditions before finalizing the order.

6.2 PLACING AN ORDER

You can only place an Order if you are logged-in in your Account. To complete an Order, follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “Order and pay”. By placing an Order, you are confirming your legal capacity or that required consent applies. An Order is successfully placed when you receive an email confirmation.

6.3 ORDER PROCESS

When you place an Order on our Platform you are making an offer to the Vendor. The contract is concluded between you and the Vendor after the Vendor accepts your offer. After the conclusion of the contract you will be notified by us by sending you a confirmation by in-app notification or any other means you authorized in your account settings. You will receive your receipt/invoice (including delivery fee, difference to minimum order value and other fees) via email once the Order is delivered to you. You will receive the invoice for the goods with your food, unless you have given your express consent for us to pass on your e-mail address so Vendors can send it via e-mail. Where applicable, Orders will include delivery fees and any applicable tax (e.g. value-added tax etc.). In case of a Vendor Delivery - kolapata will invoice you for the delivery fee on behalf and in the name of the Vendor. For its own services, kolapata will invoice you in its own name.

6.4 MINIMUM ORDER VALUE

Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.

6.5 SPECIAL INSTRUCTIONS

The Vendor will comply with your special instructions for an Order, if it is feasible, possible and commercially reasonable. The Vendor shall not be responsible to replace or refund an Order which does not conform to special instructions provided by you, unless otherwise required by statutory law.

6.6 ALLERGENS

Where information on ingredients or allergens is provided on the Platform, it is provided by the respective Vendor, who is responsible for the accuracy of this information. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platform via the Vendors’ contact details provided on the Platform in the relevant Vendors’ section.

6.7 CHANGING OR CANCELING AN ORDER

Please contact us immediately via our in-app customer support chat feature if you wish to change or cancel your Order after it has been placed. You have the right to change or cancel your Order provided a Vendor has not yet accepted your Order. In addition, you may be entitled to a right of withdrawal in accordance with section 24, which is not affected by the provisions of this clause.

Please note that - outside of statutory rights of withdrawal - kolapata or Vendor are not required to grant changes or cancellations. It is expressly pointed out that in particular no right of withdrawal exists regarding the exceptions of § 18 Fern- und Auswärtsgeschäftegesetz (FAGG) as amended and in force at the time. Therefore, there is in particular no right of withdrawal for

-goods which can spoil quickly or whose expiry date would be quickly exceeded including but not limited to prepared food - sealed goods whose seal has been broken and - newspapers, journals and magazines.

Riders or delivery personnel are not authorised to make binding agreements changes, cancellations, returns or any other contractual matters on behalf of kolapata or Vendors.

6.8 REFUNDS

6.8.1 ONLINE PAYMENT ORDERS

You have the right to a refund for a cancelled Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order. Nothing in this section shall affect your statutory right of withdrawal as set out in section 24.3.

6.8.2 CASH-ON-DELIVERY ORDERS

You have the right to cancel your Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders. Nothing in this section shall affect your statutory right of withdrawal as set out in section 24.3.

DELIVERY

7. 1 DELIVERY AREAS

You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platform, you will see the Vendors that are available to you at that time. Delivery areas may expand, shrink or change depending on different conditions such as: weather, traffic, situations of force majeure, etc.

7.2 DELIVERY TIME

kolapata (or, in the instances referred to in section 2 above, the Vendor) shall deliver your Order to the delivery address provided by you. If indicated on the Platform as available, you may choose for your Order to be delivered “ASAP” or scheduled for a specific time (pre-order). An estimated delivery time will be provided to you in your email confirmation as well as on the order tracking page. However, delivery times shall vary depending on factors that are not controllable (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Platform. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or your representative is at the delivery location to receive the Order once an Order is placed. If your Order contains any Restricted Goods (as this term is defined below in section 9.1) and you or your representative are not of the minimum legal age, or do not fulfill other statutory requirements, or fail to provide a valid proof of ID, kolapata reserves the right not to deliver your Order to you or your representative, subject to section 7 of these Terms.

7.3 UNSUCCESSFUL OR FAILED DELIVERIES

Without prejudice to any other clauses in these Terms, in cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

7.3.1 no one was present or available to receive the Order at the address or location specified by you within a reasonable time;

7.3.2 customer was uncontactable despite attempts to reach the customer via the phone number provided;

7.3.3 lack of appropriate or sufficient access to deliver the Order successfully;

7.3.4 lack of a suitable or secure location to leave or deliver the Order; or

7.3.5 failed age-verification in the case of Restricted Goods, you do not fulfill statutory criteria to receive an Order or delivery person did not deem it safe or appropriate for you to receive the Restricted Goods;

we will contact you via, among others, in-app call or message, or email, to inform the unsuccessful delivery and next steps. In such cases, kolapata reserves the right to cancel the Order without refund or remedy to you or charge a fee up against any potential refund. Nothing in this section shall affect your statutory right of withdrawal as set out in section 24.3.

7.4 WRONG ORDER, MISSING ITEMS, DEFECTIVE GOODS

Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via our in-app customer support chat feature immediately. In some cases, kolapata may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

7.5 VENDOR DELIVERY

In some cases, our Vendors will deliver the Order to you (“Vendor Delivery”). You will be informed about such cases on our platform under the relevant Vendor page. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in the event of issues or delays in your delivery, kolapata shall not be responsible in any way for Orders or Goods that are delivered by Vendors if not provided otherwise in section 16 of this Agreement.

7.6 CONTACTLESS DELIVERY

As one of the delivery options, the customer may select (for some of the offered Goods) contactless delivery (the delivery of the Order to the front door of a specified delivery address without face-to-face interaction for instance). kolapata shall not be liable for theft, damage, contamination and/or other deterioration of the Goods that occur after delivery has taken place.

PICK-UP

8.1 PICK-UP PROCESS

Where available as indicated on the Platform, you will have the option of collecting your Order in-person directly from the Vendor’s premises ("Pick-Up") instead of having the Order delivered to you. Your email confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of thirty (30) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.

8.2 PICK-UP LIABILITY

In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Vendor’s premises.

Please note that a change from pick-up to delivery is generally excluded. If you wish to make such a change, please contact kolapata customer service. The change is only possible, if kolapata and the Vendor both agree, for which they have no obligation.

RESTRICTIONS ON GOODS

9.1 RESTRICTED GOODS

Some of the Goods such as - but not limited to - alcohol and pharmaceutical, that the Vendors offer on our Platform may be subject to restrictions for purchase (“Restricted Goods”). These restrictions may include, among others, the following requirements for certain products. In case other restrictions apply you will be informed about this on our Platform directly.

9.2 AGE REQUIREMENTS AND PROOF THEREOF

Where there exists a statutory legal age to purchase Restricted Goods, kolapata, the riders, the Vendor and their delivery riders, as the case may be, reserve the right to:

9.2.1 ask for valid proof of your age (e.g. ID card) upon delivery; and/or

9.2.2 refuse delivery if you are unable to prove you are of legal age.

9.3 OTHER RESTRICTIONS

In some circumstances other restrictions apply when purchasing Restricted Goods. In these instances, kolapata, the riders, the Vendor and their delivery riders, as the case may be, reserve the right to:

9.3.1. ask for proof or validation of any other applicable restriction as specified on the Platform directly; and/or

9.3.2. refuse delivery to any person which cannot provide proof of such requirements, for any reason whatsoever.

9.4 NO CONTACTLESS DELIVERY

For Restricted Goods there is no “contactless delivery”, “at the door delivery” or other similar delivery available.

PRICES

10.1 PRICE AND TAXES

Prices quoted on the Platform by the Vendors are displayed in Euro (€) and are subject to applicable tax.

10.2 DISPLAY OF PRICES

Subject to applicable laws, the prices reflected on our Platform always include VAT.

10.3 CHECKOUT

A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.

10.4. DELIVERY FEES

Delivery fees are chargeable on every Order unless:

10.4.1 you opt to collect your Order directly from the Vendor (“Pick up”);

10.4.2. you have a valid promotional or discount voucher and apply it at Checkout; or

10.4.3. it is stated otherwise on the Platform.

Delivery fees may vary depending on weather, traffic, distance and other factors. If such dynamic delivery fees apply, you will be informed of this via in-app notification banners throughout the ordering process. In any case, delivery fees are displayed throughout the ordering process. kolapata will invoice the delivery fee to you directly.

10.5 SERVICE FEE

kolapata charges a service fee for the services rendered. This service fee will be used to continuously improve our overall service, including providing a wider selection of vendors and continuous customer service. The applicable service fee is displayed throughout the ordering process.

10.6 PRICE CHANGES

Prices indicated on the Platform are as at the time of each Order and may be subject to change.

kolapata may offer discounts or special offers, which are granted only if certain conditions are met, such as availability of offers at your delivery location, or certain account types.

10.7 DEPOSIT

10.7.1 Any amounts of deposits on beverage containers will automatically be added to the prices of the Goods. The amount of the deposit will be indicated under the price of the Good before ordering and again be displayed during Checkout.

10.7.2 You can return all containers with returnable deposits to the respective Vendor or any of its affiliated locations, as notified by the Vendor, at any time during the opening hours of such Vendors. However, you cannot give the riders returnable containers to carry them to the relevant Vendors’ locations.

10.7.3 Respective deposits may be refunded at the Vendors’ premises, subject to the respective Vendors’ terms and conditions.

PAYMENT

11.1 PAYMENT OBLIGATION

By virtue of the contract concluded between you and the Vendor on the basis of your Order, you have a purchase price payment obligation towards the Vendor and an obligation to pay a delivery fee to kolapata or the Vendor, both of which you can fulfill either by using your Account as a payment instrument as described above at Section 3.2 or by Cash-on-Delivery, depending on your choice. When using your Account as payment instrument you may choose from different payment methods as available and indicated on the Platform.

11.2 VOUCHERS

If you have valid promotional or discount Vouchers, you can use these to pay for part or all of your Order as the case may be. Not all vouchers are stored in the voucher wallet within the app. Some voucher codes (especially those linked to marketing campaigns of kolapata) need to be typed in at checkout.

11.3 ADDITIONAL PAYMENT METHODS

kolapata reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future Orders. kolapata does not store your credit card or payment information.

11.4 PAYMENT RESPONSIBILITY

You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order, if you choose these payment options. Insofar as required, kolapata takes responsibility for payments made on our Platform including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

11.5 NO PAYMENT SERVICES

kolapata does not provide any payment service either to you or to third parties. All online payments are processed via your own issuer / payment service provider and the payment service providers in partnership with kolapata].

VOLUNTARY TIP & DONATIONS

12.1 VOLUNTARY TIP

The Tip is intended for the riders and cannot be considered as payment for the Goods or Services. kolapata will therefore only collect the Tip on behalf of the rider. The Tip-function is only available for deliveries made by kolapata itself or by a company affiliated with kolapata (in which case the affiliated company is responsible for the distribution of such tips), as indicated on the Platform, but not for Vendor Delivery.

12.2. DONATIONS

For donation payments processed on the Websites through the ShareTheMeal programme, the World Food Programme will be the end beneficiary (https://sharethemeal.org/en/index.html). Questions regarding the donation and donation confirmation should be addressed to Haus des Stiftens gGmbH (www.hausdesstiftens.org) (in short: HdS) For similar campaigns, the named charity will be the beneficiary. Beneficiaries may use service providers to process donations. Terms and conditions or privacy policies of donations may apply. kolapata recommends visiting their websites prior to donating. kolapata will not be able to issue confirmations of donations. Donations are not subject to commission or any other payment from beneficiaries to kolapata.

12.3. NO REFUNDS

Please note that for the above payments, you will not receive an invoice or a refund, in case of a canceled or failed Order.

VOUCHERS, DISCOUNTS AND PROMOTIONS

13.1 MARKETING AND PROMOTIONAL CAMPAIGNS

From time to time, kolapata may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platform (“Vouchers” ). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once. kolapata offers vouchers, several rebate programs and regular discount campaigns, to which special conditions may apply. Users will be informed of such special conditions on the Platform, either at the beginning of the ordering process or via landing pages.

kolapata reserves the right to cancel such programs at any time, change the selection, number or delivery area of participating Vendors at any time, without giving any reason.

13.2 VALIDITY

Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.

13.3 EXCLUSIVITY OF VOUCHERS

Unless otherwise stated, Vouchers can only be used on our Platform.

13.4 EXCHANGE RESTRICTIONS

Vouchers cannot be exchanged for cash and they will always be provided gratuitously to you.

13.5 RIGHTS RESERVED

kolapata reserves the right to void, discontinue or reject the use of any Voucher without prior notice. Individual or even Vendors’ terms & conditions may apply to the Voucher.

13.6 PARTICIPANTS

We may exclude certain Vendors from the use of Vouchers at any time without prior notice to you. We will always inform you of such exclusions before you are bound by the contract.

13.7 ACTIVITIES AND CONDUCTS PROHIBITED

Regarding the right to receive coupon discount or the right to obtain coupons, resales to and/or any other conducts of delivering or receiving considerations with third parties, in any manner (including in an online flea market) and incitement to voucher abuse are prohibited. When such conduct or the suspicion thereof has become evident, then kolapata may implement revocation of the coupons, suspension of kolapata Accounts of involved parties and/or any actions.

13.8 JÖ BONUS CLUB

At kolapata, the user has the opportunity to collect and redeem bonus points, so-called "Ös", within the framework of a Jö Bonus Club membership until revoked. Please note that the Jö-Bonusclub is The prerequisite for collecting and redeeming bonus points is that the user is logged into his user account at the time of the respective order and the account was connected (one time) to Jö. The exact conditions and other terms and conditions are available at kolapata.at/joe-bonusclub/.

The data protection information for the Jö Bonus Club can be found in our privacy policy.

INTELLECTUAL PROPERTY

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material are the Intellectual Property of kolapata and/or third parties who have authorised us with the right to use such proprietary rights (collectively the “Intellectual Property”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Intellectual Property in any way without our prior express written consent. The use of our Intellectual Property rights, including but not limited to kolapata’'s trademarks and copyrights to the kolapata logo on any other website not approved by us is strictly prohibited. kolapata shall be entitled to aggressively enforce its Intellectual Property rights to the fullest extent of the laws, including criminal prosecution. kolapata neither warrants nor represents that your use of materials displayed on the Platform will not infringe or constitute a misappropriation of any rights of third parties not owned by kolapata or its Affiliates. Use of any materials on the Platform is at your own risk.

REPRESENTATIONS AND WARRANTIES

You acknowledge and agree that the content on the Platform is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While kolapata makes reasonable efforts to ensure the provision of the Platform and the services we offer, are available at all times, we do not warrant or represent that the Platform shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure. Considering the above but subject always to section 16.1, kolapata is not responsible for any delays, delivery failures, or damage, loss or injury resulting from any problems inherent in the use of the Platform, internet and electronic communications.

LIMITATION OF LIABILITY

16.1 kolapata’S LIABILITY

kolapata shall be liable for intent and gross negligence in accordance with the law. kolapata shall only be liable for ordinary negligence if it breaches an essential contractual obligation which exists if: (i) its fulfillment makes the proper execution of the contract possible in the first place; and (ii) you may regularly rely on its fulfillment to engage kolapata’s services. Also, kolapata will be liable for ordinary negligence in the event of damage resulting from injury to life, body or health. In the event of property damage and financial loss caused by negligently breaching an essential obligation, kolapata shall only be liable for foreseeable damage that can typically be expected in the course of the service provided under these Terms.

16.2 kolapata’S LIABILITY FOR THIRD PARTIES

The above limitation of liability shall also apply in favour of the employees, representatives, executive bodies and auxiliary persons of kolapata.

16.3 PRODUCT LIABILITY ACT

Liability under the Product Liability Act or for damages based on the breach of an assumed guarantee shall remain unaffected.

INDEMNITY

You agree to indemnify, defend and hold kolapata, its directors, officers, riders, employees, representatives, agents, and Affiliates, harmless from any and all third party claims, liability, damages and/or costs (including, but not limited, to legal fees) arising from your unlawful use of the Platform or your breach of these Terms.

THIRD PARTY LINKS AND WEBSITES

The Platform may contain links to other third-party websites, applications or advertisements and by clicking on these links, you agree to do so at your own risk. kolapata does not control or endorse these third-party websites, links, applications or advertisements and shall not be responsible for the content of these linked pages. Subject to section 16 of these Terms, kolapata accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links, websites, applications or advertisements.

PROHIBITION OF UNAUTHORIZED RESALE, ASSIGNMENT OR COMMERCIAL USE

You agree not to resell or assign your rights or obligations by accepting these Terms. You also agree not to make unauthorized commercial use of the Platform.

VENDOR’S LIABILITY AND RESPONSIBILITIES

20.1 VENDOR’S LIABILITY

Subject to section 16 of these terms, kolapata shall neither be liable for actions or omissions of the Vendor nor you in regard to the provision of the Goods where Vendor Delivery applies to your Order. kolapata does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.

20.2 VENDOR’S RESPONSIBILITY

Vendors are responsible for the preparation, condition and quality of Goods and the accuracy or completeness of the information (including but not limited to menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on our Platform. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. Subject to section 16 of these Terms, kolapata shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.

AVAILABILITY OF THE SOFTWARE

You acknowledge and agree that the availability of the Platform is dependent on the third party from which you received the application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this agreement is between you and kolapata and not with the App Store. Subject to section 16 of these Terms kolapata, not the App Store, is solely responsible for the Platform, including the mobile application(s), the content thereof, maintenance, support services and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Platform, you must have access to the internet, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Platform. You agree to comply with, and your license to use the Platform is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g. the App Store’s terms and policies) when using the Platform.

You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of these Terms and has the right to enforce the terms and conditions of these Terms.

TERMINATION/SUSPENSION/DELETION

kolapata has the right to terminate, suspend or delete your Account and your access to or use of the Platform, including any delivery service we provide to you in respect of any Order, for any reason, including, without limitation, if kolapata, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of these Terms or in cases of continued inactivity. kolapata may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platform.

This also applies if the user has not used his account for an uninterrupted period of three years. kolapata may - except for blocking due to suspected cases of abuse and imminent danger - send the user a notification by e-mail at least 14 days before the planned deletion. The planned deletion due to inactivity will not be executed if the user logs into their account within this period.

The contractual relationship between the user and kolapata can be terminated by either party at any time without giving reasons. The obligation to pay already placed orders is not affected by the termination. The termination of the contract does not terminate the rights of use granted to kolapata by the user, including, but not limited to, user reviews. These will not be deleted. With the termination, any bonus points or other benefits of the user expire.

AMENDMENTS

23.1

kolapata may amend these Terms at any time in its sole discretion. In case of such amendments kolapata will notify you of the changes to these Terms at least four weeks before they come into effect.

Where proposed changes include material contractual obligations of kolapata or the users, kolapata shall increase the notice period in accordance with respective negative impact the changes might have on the customer and

where fees are concerned that apply to all orders without exception, kolapata shall not be allowed to increase these more than once per half-year. This does not apply to dynamic fees, which might be subject to change due to current conditions.

If you do not agree with the changes to these Terms, you are entitled to terminate the contract with immediate effect.

If you do not exercise this right of termination within four weeks starting with the day following the notification, you will be deemed to have agreed to the changes to these Terms, and the new Terms will apply to all future Orders.

kolapata will inform you about your right for termination as well as on the consequences of not exercising this right within the notification of the changes to these Terms.

23.2

kolapata may not notify you, if the proposed changes are not material. Material changes are including but not limited to, such changes that alter the obligations of kolapata, the Vendors, or users. Non-material changes may be editorial changes, or the introduction of new features of the platform, provided that they do not lead to unavoidable costs for users or changes that exclusively benefit users. For new users or, in the case of non-material changes, also for existing users, the amended Terms shall apply as of publication on the platform or unless they specify an effective date, from the effective date.

RIGHT OF WITHDRAWAL

24.1

Your right to withdraw your order in relation to the Vendor under section 24.3, will not apply insofar as the order is for delivery of the following types of Goods,

24.1.1 which are not prefabricated and for the production of which an individual selection or determination by you is essential or which are clearly tailored to your personal needs (§ 18 (1) no. 3 FAGG)

24.1.2. which can spoil quickly or whose expiry date would be quickly exceeded (§ 18 (1) no. 4 FAGG);

24.1.3. which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (§ 18 (1) no. 5 FAGG);

24.1.4. if they have been inseparably mixed with other goods after delivery due to their nature (§ 18 (1) no. 6 FAGG)

24.2

For the part of the Order that does not fall under the above exclusions, you are entitled to a right of revocation insofar as you are a consumer within the meaning of § 1 (1) no 2 KSchG. A "consumer" is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.

24.3 INSTRUCTION ON RIGHT OF REVOCATION

24.3.1 RIGHT OF WITHDRAWAL

24.3.1.1 Subject to the exclusions set out in section 24.1 and in addition to your rights under section 7.4, you have the right to withdraw the contract with the Vendor within 14 (fourteen) days without giving any reason. The withdrawal period is 14 (fourteen) days from the day on which you or a third party named by you, who is not the carrier, have/has taken possession of the Goods.

24.3.1.2 In order to exercise your right of withdrawal, you must inform the Vendor of your decision to withdraw the contract with the Vendor by means of a clear declaration (e.g. a letter sent by post or e-mail). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

kolapata may offer - as a strictly voluntary service without legal obligation or liability - or refuse to pass on your decision to the Vendor. However, kolapata shall not be responsible to ensure that your request complies with the legal requirements and therefore shall not be liable if your withdrawal does not take effect.

24.3.2. CONSEQUENCES OF THE WITHDRAWAL

24.3.2.1 If you withdraw the contract with the Vendor in accordance with section 24.3.1, the Vendor must repay you all payments that they have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 (fourteen) days from the day on which we received the notification of your withdrawal of the contract. For this repayment, the Vendor will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

24.3.2.2. The Vendor may refuse repayment until they have received the Goods back or until you have provided proof that you have returned the Goods, whichever is earlier.

24.3.2.3. You bear the direct costs of returning the Goods.

24.3.2.4. You only have to pay for any loss in value of the Goods if this loss in value is due to handling of the Goods that is not necessary for testing the quality, characteristics and functioning of the Goods.

24.3.3. MODEL WITHDRAWAL FORM

(If you want to withdraw the contract, please fill out this form and send it to us)

To Vendor, Vendor Address and e-mail address Herewith I/we (*) withdraw the agreement concluded with me/us (*) regarding the purchase of the following goods (*)/ the provision of the following services (*) Ordered on (*)/received on (*) name of the consumer(s) Address of the consumer(s) signature(s) of the consumer(s) (only in case of notification on paper) date

(*) Delete as applicable.

NO JOINT VENTURE OR PARTNERSHIP

No joint venture, partnership, employment, or agency relationship exists between you, kolapata or any Vendor as a result of these Terms or the use of the Platform.

CONTACT & COMPLAINTS

26.1 MEANS OF CONTACT

You agree to accept that any notices given by you to us or vice-versa, SMS, E-Mail or other means of electronic communication shall suffice. To contact kolapata, preferably use our Help-Center in the apps or on the kolapata website or reach out to support@kolapata.at. You can also find our registered address set out in the Imprint section.

26.2 ORDER PERFORMANCE

Your complaints regarding any offer, order or performance of the contract with the Vendor must be addressed with the Vendor directly. The sole responsibility for the Vendor's offer and the fulfillment of its contract with you lies with the Vendor, subject to section 16 of these Terms. You can find the relevant Vendor contact information under the respective order mask.

26.3 kolapata’S SERVICE

If you have complaints regarding kolapata’s services, please reach out to our customer support via email under support@kolapata.at or through the HelpCenter in the kolapata apps and on the kolapata website. You can also find our registered address set out in the Imprint section.

section. Any personal data you provide to us will be handled in accordance with our Privacy Policy.

USER REVIEW

27.1

You have the opportunity to review the performance of the Vendor on our platform. Please note that your review must be free of radical, sexist, insulting, libelous or otherwise illegal content and should not otherwise violate any third party rights (including intellectual property rights). If your review violates these aforementioned or similar criteria, we reserve the right to remove it.

27.2

We have processes in place to ensure that the reviews we publish are genuine, and that they originate from customers who have actually purchased the product. Users eligible for reviews, whose account is verified by phone number and email address, receive a push notification, otherwise leaving a review is not possible. Users must have ordered from the restaurant within the last 25 days. Only one review per order is permitted. Reviews will stay on the platform indefinitely. kolapata reserves the right to adapt these review conditions at any time. This information can be found via link on the review page of a Vendor.

27.3

User reviews are automatically and/or manually moderated and may take up to 30 days to review, prior to publishing. Reviews found to be in violation of these Terms of Use, containing questionable statements or language, religious or political content, suspected fraudulent behavior, including unverifiable orders and/or promoting direct competition of majm or Vendors as well as requests to delete other reviews, will not be displayed.

GOVERNING LAW, JURISDICTION AND ONLINE DISPUTE RESOLUTION

28.1 GOVERNING LAW

These Terms are governed by, and must be interpreted in accordance with, the laws of Austria to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all legal disputes arising from or in connection with the user relationship between the user and kolapata shall be Vienna, Austria. This does not apply to consumers within the meaning of the Austrian Consumer Act (KSchG).

28.2 CONTRACT LANGUAGE

The contract language is German. This English translation of these Terms is provided for convenience only. In case of discrepancies, the German version of these Terms shall prevail.