Terms and Conditions for Letzdine Partners
Translation of the German version. In case of discrepancies, the German version prevails (section 14 (4)).
Section 1 Scope and provider
- These terms and conditions govern the use of Letzdine by restaurants and other food service businesses (hereinafter "partner"). The provider is Virtuma UG (haftungsbeschränkt), Petersberg 12, 54457 Wincheringen, Germany (hereinafter "Letzdine" or "we").
- The offer is aimed exclusively at entrepreneurs within the meaning of section 14 of the German Civil Code (BGB). By signing up, the partner confirms that it acts in the course of its commercial or independent professional activity.
- Deviating or supplementary terms of the partner do not apply, even if Letzdine does not expressly object to them.
- Separate terms of use for customers apply to guests who order or book via Letzdine or via a restaurant website based on Letzdine.
Section 2 Conclusion of the contract
- The partner's sign-up – via the "Letzdine Partner" app, via the website or in person with a Letzdine representative – is an offer to conclude a contract of use. The contract is concluded when Letzdine activates the partner account or confirms acceptance in text form (e.g. by email). There is no right to be admitted.
- The person signing up warrants that they are authorised to represent the partner and that the information provided is true.
- If the contract is concluded in person, the partner provides all information required for the setup (in particular menu, prices, opening hours, contact and company details) as soon as possible.
Section 3 Services of Letzdine
- Letzdine provides the partner with the following services free of charge:
- the presentation of the partner on the letzdine.eu platform and in the Letzdine app, including the possibility for guests to order online (delivery or pickup) and to book tables, insofar as the partner activates these functions;
- a restaurant website of its own based on the Letzdine system with menu, online ordering, booking and gallery at an address provided by Letzdine;
- the "Letzdine Partner" app for receiving and processing orders and bookings and for managing the menu, opening hours and settings;
- the initial entry of the menu based on the documents provided by the partner;
- functions such as lunch menu and loyalty points as well as promotional material (e.g. stickers and table displays), in each case as available.
- The services under paragraph 1 are currently free of charge; currently, neither commissions nor a basic fee are charged. Section 5 sets out the details.
- Letzdine does not provide delivery drivers. If the partner offers delivery, it is carried out exclusively by the partner itself.
- Contracts for food, drinks and other services are concluded exclusively between the guest and the partner. Letzdine is not a party to these contracts but only provides the technical platform.
- Letzdine may develop, change or discontinue individual functions insofar as this is reasonable for the partner. Significant restrictions will be announced in good time.
Section 4 Own domain (optional, subject to a fee)
- At the partner's request, the restaurant website can additionally be operated under its own domain (e.g. www.your-restaurant.lu).
- If Letzdine registers the domain for the partner, the registration is made in the name of Letzdine (Virtuma UG). For this, Letzdine charges an annual fee of EUR 30.00 plus statutory VAT per domain, payable annually in advance within 14 days of the invoice date.
- Alternatively, the partner can connect a domain it already owns. For this, the partner makes the DNS settings specified by Letzdine with its domain provider itself. Connecting is free of charge. Registration, renewal and costs of this domain remain the partner's responsibility; Letzdine is not responsible for disruptions caused by its DNS settings or its domain provider.
- The domain service under paragraph 2 has a term of twelve months and is automatically extended by a further twelve months in each case unless it is terminated in text form with 30 days' notice to the end of the term.
- After termination, Letzdine can transfer the domain it registered to the partner at the partner's request (e.g. by providing the auth code), provided all fees due have been paid. Otherwise, Letzdine may let the domain expire at the end of the term.
- If the partner is more than 30 days in arrears with a payment, Letzdine may block the entire partner account until payment has been received in full. During the block, the partner is not displayed on Letzdine or on its restaurant website and no orders or bookings can be received. The payment obligation remains in place.
Section 5 Fees
- The services under section 3 are currently free of charge. Currently, there are neither commissions on orders nor a basic fee. Only the registration of a domain by Letzdine under section 4 (2) is subject to a fee.
- Letzdine may introduce or change fees in the future, for example a monthly basic fee, fees for individual functions or fees for new services.
- Letzdine notifies new or changed fees, stating their type, amount and effective date, at least 30 days in advance in text form and in the "Letzdine Partner" app or the restaurant dashboard.
- New or increased fees only apply if the partner expressly agrees to them. If the partner does not agree by the stated date, the service concerned is neither charged nor provided; if the fee concerns the use of Letzdine as a whole, the contract ends on that date without any costs for the partner.
- If Letzdine offers new services that can be booked separately (e.g. a delivery service), the terms and fees communicated at the time of booking apply. Such services only arise if the partner expressly books them.
Section 6 Payments by guests
- Depending on the partner's settings, guests can pay in cash or by card on pickup or delivery, or online by credit card via the payment service provider Stripe.
- Online payments go directly to the partner's Stripe account. Letzdine does not accept payments from guests and does not forward any funds. All Stripe fees are borne by the partner; Stripe's terms also apply.
- On request, Letzdine supports the partner in setting up the Stripe account.
Section 7 Obligations of the partner
- The partner is responsible for all information about its business and its offer, in particular the menu, prices (including VAT), labelling of allergens and additives, opening hours, delivery areas, delivery costs and the mandatory information in its legal notice. It keeps this information up to date.
- This also applies if Letzdine enters or changes information for the partner (e.g. during the initial entry of the menu under section 3 (1) (d) or at the partner's request). Letzdine merely transfers such information according to the partner's documents and instructions. The partner is obliged to check all information for correctness and completeness before publication and continuously thereafter, and to correct errors immediately or notify Letzdine of them – in particular allergens, additives, ingredients, prices and opening hours. The partner alone is responsible for the correctness of this information towards guests and authorities; Letzdine accepts no liability for it.
- The partner processes incoming orders and bookings promptly. It ensures that the "Letzdine Partner" app is operational on at least one device during its opening hours (internet connection, notifications allowed, energy-saving functions set accordingly). Orders not processed in time may be cancelled automatically.
- The partner alone is responsible for performing the contracts with guests, in particular for quality, hygiene, delivery, compliance with youth protection when selling alcohol, invoicing and tax obligations.
- The partner warrants that it holds all rights to the content it provides (e.g. photos, logos, texts).
- The partner indemnifies Letzdine against all claims by third parties (in particular guests, competitors and authorities), including reasonable costs of legal defence, arising from its content, its offer, its services to guests or a breach of these terms or of statutory provisions.
- The partner does not distribute any unlawful, misleading or immoral content via Letzdine.
- The partner keeps its access data secret, is responsible for all activities via its account and informs Letzdine immediately of any suspected misuse.
Section 8 Rights of use
- All rights to the platform, the website system and the apps remain with Letzdine. For the term of the contract, the partner receives a simple, non-transferable right to use them within the scope of these terms.
- For the term of the contract, the partner grants Letzdine a simple, free right to use the content it provides as well as its name and logo on the platform, the restaurant website and in the apps, and to use them to promote Letzdine (e.g. on social media or promotional material). Promotional material already produced may be used up after the end of the contract.
Section 9 Availability, maintenance and support
- Letzdine strives for availability that is as uninterrupted as possible but does not owe any particular availability. Maintenance work may lead to temporary restrictions; it is carried out outside usual peak times where possible.
- Letzdine offers support via WhatsApp, telephone and email during usual business hours. No particular response time is owed.
- For the receipt of notifications, Letzdine depends on third-party services (e.g. Google, Apple, mobile and internet providers) and on the settings of the partner's devices, over which Letzdine has no influence.
Section 10 Liability
- Letzdine provides the platform, the restaurant website and the apps free of charge as technical tools. Letzdine is therefore liable – on whatever legal grounds – only for intent and gross negligence.
- For the domain service subject to a fee (section 4), Letzdine is liable in cases of slight negligence only for the breach of an essential contractual obligation and limited in amount to the fee paid for it in the last twelve months.
- The above limitations do not apply in the event of injury to life, body or health, fraudulently concealed defects, guarantees given, or claims under the German Product Liability Act.
- In particular, Letzdine is not liable for the services and content of partners, the conduct of guests, payment defaults, services of payment service providers (e.g. Stripe), or for lost orders, revenue or profits caused by disruptions of the partner's devices, internet connection or settings, by maintenance work or by disruptions of third-party services (section 9 (3)), unless paragraph 3 applies.
- For the loss of data, Letzdine is only liable in the amount of the effort that would have been required for recovery if the partner had backed up its data properly.
- The limitations of liability also apply in favour of Letzdine's employees, representatives and vicarious agents.
Section 11 Data protection and confidentiality
- Letzdine processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Letzdine privacy policy, available at letzdine.eu.
- Insofar as Letzdine processes personal data of guests on behalf of the partner, the data processing agreement under Art. 28 GDPR in Annex 1 applies; it forms part of this contract.
- Both parties treat all confidential information received in the course of the cooperation as confidential and do not pass it on to third parties unless this is necessary to perform the contract or required by law.
Section 12 Term, termination and blocking
- The contract runs for an indefinite period. The partner can terminate it at any time in text form; termination takes effect at the end of the day on which it is received by Letzdine. Letzdine can terminate with 30 days' notice in text form. Section 4 also applies to the own domain, and section 5 to fees.
- The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the event of serious or repeated breaches of these terms. In this case, Letzdine may also temporarily block the partner account.
- After the end of the contract, the partner's presentation is deactivated. Data is deleted unless statutory retention obligations prevent this. On request, Letzdine provides the partner with its menu in a common format.
Section 13 Changes to these terms and acceptance
- Letzdine may change these terms if there is an objective reason (e.g. changes in legislation or case law, new or changed functions, security reasons) and the partner is not unreasonably disadvantaged as a result.
- Letzdine notifies the partner of the new version at least 14 days before it takes effect in text form (e.g. by email) and in the "Letzdine Partner" app or the restaurant dashboard.
- The new version requires the partner's express acceptance, which it gives in the "Letzdine Partner" app or in the restaurant dashboard. If the partner has not accepted 14 days after the notification, Letzdine is entitled to block the acceptance of new orders and bookings until acceptance. Incoming orders continue to be displayed to the partner; orders not accepted may be cancelled automatically.
- If the partner rejects the new version, either party may terminate the contract in accordance with section 12 (1).
- The acceptance is logged with the version and checksum of the text, time, user account, IP address, app version and device. The partner receives a confirmation in text form. The log serves as proof of acceptance.
Section 14 Final provisions
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
- To the extent permitted by law, the place of jurisdiction for all disputes arising from this contract is the registered office of Letzdine in Wincheringen.
- Amendments and additions must be made in text form. This also applies to the waiver of this form requirement.
- These terms are also provided in French and English. In case of discrepancies, the German version prevails.
- Should any provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.
Contact
Virtuma UG (haftungsbeschränkt) – Letzdine
Managing director: Klein Adrien
Petersberg 12, 54457 Wincheringen, Germany
Phone: +49 6501 9606 930 · Email: partner@letzdine.eu
Commercial register: HRB 41888, Local Court (Amtsgericht) Wittlich · VAT ID: DE 282761603
Annex 1: Data processing agreement under Art. 28 GDPR
between the partner (restaurant or food service business) – controller – and Virtuma UG (haftungsbeschränkt), Petersberg 12, 54457 Wincheringen, Germany ("Letzdine") – processor.
Section 1 Subject matter and duration
- Letzdine processes personal data of the partner's guests on behalf of the partner insofar as this is necessary for the services under the terms, in particular for operating the partner's restaurant website with online ordering and booking and for displaying and processing orders and bookings in the "Letzdine Partner" app and in the restaurant dashboard.
- This agreement does not cover processing that Letzdine carries out for operating its own platform letzdine.eu and the Letzdine app for guests (e.g. customer accounts, search, loyalty points, reviews). The Letzdine privacy policy applies to such processing.
- The agreement applies for the term of the contract under the terms.
Section 2 Type of data and data subjects
| Data subjects | Guests and prospects of the partner who order, book or get in touch via the restaurant website |
|---|
| Types of data | Name, contact details (email, phone), delivery and billing address, order and booking data (dishes, times, number of people, notes), payment method and payment status (no full card data), technical data (IP address, device data, timestamps) |
|---|
| Purpose | Receiving, transmitting, displaying, processing and archiving orders and bookings; notifications to the partner and to guests; operation and security of the systems |
|---|
Section 3 Instructions
- Letzdine processes the data only on documented instructions from the partner. The terms and the settings the partner makes in the app and dashboard are deemed to be such instructions. The partner gives further instructions in text form.
- If Letzdine considers that an instruction infringes data protection law, it informs the partner and may suspend its execution until clarified.
- Letzdine does not process the data for its own purposes unless it is legally obliged to do so.
Section 4 Obligations of Letzdine
- Letzdine obliges all persons with access to the data to maintain confidentiality.
- Letzdine takes appropriate technical and organisational measures under Art. 32 GDPR (Annex A) and adapts them to the state of the art without lowering the level of protection.
- To a reasonable extent, Letzdine supports the partner in responding to requests from data subjects (access, rectification, erasure, etc.) and in its obligations under Art. 32 to 36 GDPR. Requests received directly by Letzdine are forwarded to the partner.
- Letzdine informs the partner without undue delay, at the latest within 48 hours of becoming aware, of any personal data breach affecting its data.
- The data is stored in the European Union (Netherlands). A transfer to third countries only takes place under the conditions of Art. 44 et seq. GDPR.
Section 5 Sub-processors
- The partner grants its general authorisation to use sub-processors. At the conclusion of the contract, these are:
| Sub-processor | Service | Location |
|---|
| Hostinger International Ltd., 61 Lordou Vironos Street, 6023 Larnaca, Cyprus | Hosting of database, websites and email sending | EU (Netherlands) |
| Wasabi Technologies LLC, 111 Huntington Ave, Boston, MA 02199, USA | Encrypted backups | EU (region eu-central, Netherlands); US provider covered by EU standard contractual clauses |
| Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland | Notifications to the "Letzdine Partner" app (Firebase Cloud Messaging), address checks for delivery areas (Google Maps Geocoding), spam protection in forms (reCAPTCHA) | EU/USA (EU-US Data Privacy Framework) |
- Letzdine informs the partner in advance in text form of planned changes. The partner may object within 14 days for an important reason relating to data protection. If no solution is possible, either party may terminate the contract.
- Letzdine contractually binds sub-processors to the obligations of this agreement.
- Payment service providers such as Stripe or PayPal are not sub-processors of Letzdine: the partner concludes its own contract with them.
Section 6 Rights and obligations of the partner
- The partner is responsible for the lawfulness of the processing and for informing its guests (in particular the privacy policy of its restaurant website).
- The partner may verify compliance with this agreement. As a rule, this is done by means of information and documents provided by Letzdine. On-site inspections must be announced with reasonable notice, take place during business hours and must not unreasonably disrupt operations; the costs are borne by the partner.
Section 7 Deletion and return
- After the end of the contract, Letzdine deletes the data processed on behalf of the partner within 90 days unless statutory retention obligations apply. On request, Letzdine first provides the partner with an overview of its orders and bookings in a common format.
- Data in backups is removed as part of the regular deletion cycles.
Section 8 Liability and final provisions
- Liability is governed by Art. 82 GDPR; otherwise, the liability rules of the terms apply.
- In the event of contradictions between this agreement and the terms, this agreement takes precedence in matters of data protection.
- German law applies. The place of jurisdiction is the registered office of Letzdine in Wincheringen.
Annex A – Technical and organisational measures (Art. 32 GDPR)
- Access: access to the app and dashboard only with personal credentials; admin access with an additional email code; signed, time-limited login keys; role-based rights (restaurant, admin, moderator); limitation of login attempts.
- Transmission: encrypted transmission (HTTPS/TLS) between apps, browsers and server.
- Storage: passwords only as hashes; partner files outside the public web folder; key files for third-party services protected against public access.
- Logging: log of actions taken by admins on behalf of restaurants; log of outgoing emails.
- Availability: automatic backups several times a day, encrypted, with a storage provider separate from the hosting; monitoring of the reachability of restaurant devices.
- Organisation: confidentiality obligation of everyone involved; changes to the system are tested before use and deployed with a backup copy.
