GENERAL TERMS AND CONDITIONS

General Terms and Conditions for the use of software systems and mobile applications of HOGA GmbH – Service Gesellschaft für das Gastgewerbe

General Terms and Conditions of Business

Status 01.01.2024

Preamble

HOGA GmbH offers hoteliers, restaurateurs and all interested sectors (and their employees) a cloud-based software system with app usage for HACCP and quality assurance management.

1 Scope of application and subject matter of the contract

HOGA GmbH operates a cloud-based software system with supporting app use on smartphones and tablets and makes it available to customers and users on the basis of these General Terms and Conditions.
Mobile applications (apps) are applications that are used on tablet PCs and / or smartphones (or on comparable other / future computer hardware / communication hardware).
These general terms and conditions apply to all applications relating to the app, in particular the landing page, app, backend, software system and server and storage structure.
The following agreement between the customer/user and HOGA GmbH regulates the use of the software system and mobile applications (hereinafter referred to as application, app) of HOGA GmbH.
The customer is the contractual partner of HOGA GmbH, the user is the person who uses the app.

2 Conclusion of contract and conditions

2.1 Conclusion of contract and stores

Registration for the use of the software system is only possible via the website www.q4me-qualitaetsmanagement.de.
With successful login / registration, a contractual relationship is established between HOGA GmbH and the customer.
The app provided by HOGA GmbH must be downloaded via the App Store for iPhone/iPad and for Android via the Google Play Store.

The use of the app is subject to a fee. The currently valid price and the respective other contractual conditions, such as the duration of the subscription, are published at www.q4me-qualitaetsmanagement.de/en/prices/.

In addition to the price for the app, transmission costs of the respective provider may be incurred when downloading and using the app.

2.2 Price, due date, term, payment modalities

The use of the app and the software system is made available to members (and their employees) of DEHOGA in the Cologne and Düsseldorf administrative districts and to members of other DEHOGA associations during the term of membership at their request for a specially designated fee. Customers who become members of one of the above-mentioned DEHOGA associations after taking out a subscription will receive free or discounted use from the start of the new subscription period. The currently valid price and the respective other contractual conditions, such as the duration of the subscription, are displayed at www.q4me-qualitaetsmanagement.de/en/prices/.

HOGA GmbH reserves the right to offer any updates for a fee. The fee is determined by the current price list. This is available from HOGA GmbH, Hammer Landstraße 45, 41460 Neuss and can be viewed at www.q4me-qualitaetsmanagement.de/preise/.

The fee is due in full for the agreed term immediately in advance upon successful login/registration of the account by the customer.
Payment is made exclusively via SEPA direct debit mandate, PayPal or PayPal Plus. The processing takes place between HOGA GmbH and the customer or PayPal via the payment method agreed with PayPal and the customer. If payment via PayPal is selected, the general terms and conditions of the payment provider PayPal apply to the payment: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full

The paid use of the app is subject to a subscription period of 12 months. Subscriptions are automatically extended by 12 months unless the Customer chooses to terminate (delete the account) the use of the App via his q4me access in accordance with section 3.7.

HOGA GmbH reserves the right to change its payment service provider.

3 Access data, access, use, storage, handling

3.1 Access data

The Customer is obliged

  • when registering, to provide their real name, their current membership number and address if they are a member of one of the DEHOGA associations, or their licence key, and not to use any foreign names or nicknames.
  • to inform its users about the terms of use for the app and the software system, to protect access to the software system and the app against unauthorised use by third parties and to treat the various components of the software system confidentially and not to pass them on to unauthorised third parties.

As soon as the customer/user becomes aware that unauthorised third parties have and/or are using the access data, they are obliged to change their password. If this is not possible, HOGA GmbH must be informed immediately by e-mail: info@q4me.de stating the customer / account ID.

HOGA GmbH excludes any liability for losses of any kind or damage resulting from the non-fulfilment of these obligations. The customer hereby indemnifies HOGA GmbH against all claims, including court and legal costs, including those of third parties, which arise from unauthorised use by himself or users/third parties and/or which are asserted by the customer/user and/or third parties due to an infringement of rights.

3.2 Access

HOGA GmbH reserves the right to block access to the app in the future if the access data is misused through the fault of the customer/user, e.g. by forwarding it to third parties. In these cases, the customer/user must compensate HOGA GmbH for the damage caused by the misuse.

With the blocking of the customer and all users, the future entry of data is made impossible.

3.3 Utilisation

HOGA GmbH grants the customer/user a right to use the app. The right of use is limited to the use of the app and the files preset in the app for control and/or operational organisation as well as to the applications preset there for the creation of own quality assurance measures.

Any further use of the app is only permitted with the prior consent of HOGA GmbH. Unless permission for use has been granted, the app including all associated programmes or parts thereof (landing page, app, backend, software system and server as well as storage structure), their use or access to the app may not be copied, reproduced, imitated, sold, resold or used for any purpose whatsoever.

There is no obligation for HOGA GmbH to offer/operate/develop the app and the underlying software system in the future or to update it regularly or to constantly adapt it to the legal requirements in hygiene law or other areas of law. HOGA GmbH is free at any time to discontinue the contractual offer in accordance with section 1 (landing page, app, backend, software system and server such as storage structure). This does not affect the customer’s right to use the software system / app and the data stored until the software system / app is discontinued.

3.4 Storage

HOGA GmbH provides the customer with a storage capacity for his data of 2 GB in a cloud storage. It is free to choose the type of storage and the storage location.
HOGA GmbH reserves the right to provide the customer with additional storage space at his request for a fee.

3.5 Handling

Each customer/user is solely responsible for the content entered by him (e.g. data, texts, photos or other materials, etc.). HOGA GmbH does not adopt these as its own and is not authorised or obliged to check the content, e.g. for correctness, plausibility, completeness, legal conformity, etc..
The customer/user guarantees in particular

  • that he/she is entitled to the necessary rights of use and/or copyrights to the files posted by him/her, such as images
  • not to enter any content that infringes the rights of third parties, in particular e.g. patent rights, trademark rights, trade secrets or other property rights, and/or fulfils the requirements of fines or criminal offences
  • refrain from interfering with the technical process of the app programming and the software system
  • refrain from interfering with or interrupting the servers or networks connected to the software system or violating regulations, procedures or other rules of networks connected to the programme or servers.
  • refrain from collecting and/or storing personal data about other customers/users

3.6 Technical requirements

In order to use the app properly, the customer/user must have devices and up-to-date software. It is recommended to use the latest versions of the required software. Regular software updates of the devices used may be required. Internet access is also required to use the app. If there is no Internet connection and the client software is therefore not connected to the software system/administration module, the data is initially collected on the mobile devices and transferred the next time there is an Internet connection.

It is recommended that customers/users ensure that all mobile devices used have a regular Internet connection at least every 2 hours, as required. Customers/users must find out before using/purchasing the app whether the hardware and software they are using allows them to use the app.

3.7 Cancellation

The customer and HOGA GmbH are entitled to cancel the use of the app/account at any time and without giving reasons with a notice period of one month to the agreed end of the term. The cancellation of the use of the app by the customer takes place via his q4me account in the ‘Account’ section, by deleting the account. Premature cancellation of the account by the customer does not affect the originally agreed term and no refund will be made.

The cancellation must be made in text form.

Upon cancellation, the customer is obliged to export their data stored on the server / in the cloud via the app’s export function by the end of the term at the latest. After expiry of the subscription, the customer has limited access to their account to export their data for a maximum of four weeks. If the customer does not fulfil this obligation, HOGA GmbH is entitled to delete all of the customer’s data without prior notification / warning. A statutory extraordinary right of cancellation remains unaffected by this.

3.8 Upgrades

If HOGA GmbH offers upgrades for the app, customers/users are recommended to install the upgrades.

4 Availability, warranty, liability

4.1 Availability

HOGA GmbH endeavours to provide access to the app at all times and to keep service disruptions as low as possible. In the event of line disruptions on the Internet due to force majeure, there is no entitlement to performance, compensation or reduction of the usage fee.
Temporary service interruptions due to the usual maintenance times of the software system, system-immanent disruptions of the Internet with third-party network operators and in the event of force majeure are possible. No liability is assumed for the constant availability of the software system or the online connection. Claims for compensation in the event of an interruption of service or system failure cannot be asserted.

4.2 Warranty, liability

The use of the app as well as the software system and the data entry is at your own risk.
In accordance with 3.5, HOGA GmbH assumes no warranty and liability with regard to the results obtained through the use of the app, with regard to the accuracy and reliability of the information entered or received in the context of the app or that the quality of the information collected in connection with the app meets expectations.
HOGA GmbH also does not guarantee that the hardware and software used for the app will work error-free at all times or that any errors in the software system will be corrected.

HOGA GmbH is expressly not liable

  • for any damage, including to devices, associated with the use or inability to use the app
  • for the loss of customer/user data
  • for user behaviour or the behaviour of third parties

Informationen

HOGA GmbH
Servicegesellschaft für das Gastgewerbe
Hammer Landstraße 45
41460 Neuss
E-Mail: info@hoga-service-gmbh.de