GENERAL TERMS AND CONDITIONS

User of Panda Merchant Marketplace Service

For Foodpanda Partners

Version number: 1.0.

Effective: from 15.01.2023

CONTENTS

PREAMBLE__ 3
CONCEPTUAL DEFINITIONS_ 3
LEGAL STATUS OF THE PARTIES, THE PANDA MERCHANT MARKETPLACE SERVICE, REGISTRATION, THE CONTENT AND OPERATION OF THE PANDA MERCHANT PLATFORM_ 6

4.1. Legal status of the Parties, Panda Merchant Marketplace Service: 6

4.2. Registration: 6

4.3. Content and operation of the Panda Merchant Platform: 7

4.4. Use of the Basket, Product Order process: 8

4.5. Order cancellation, modification, cancellation, Product order cancellation: 9

THE PANDA MERCHANT SALES AGREEMENT_ 10

5.1. Product order process, creation and fulfillment of the Panda Merchant Sales Agreement, contents: 10

5.2. Settlement, payment terms: 10

5.3. Limitation of the Service Provider's liability: 11

MANAGEMENT OF FOODPANDA PARTNERS' COMPLAINTS RELATED TO THE PANDA MERCHANT PLATFORM_ 11
THE RESPONSIBILITY OF THE SERVICE PROVIDER AS AN INTERMEDIARY SERVICE PROVIDER, THE RESPONSIBILITY OF THE FOODPANDA PARTNER TOWARDS THE SERVICE PROVIDER_ 12

7.1. Responsibility of the Service Provider as an intermediary: 12

7.2. Foodpanda's responsibility towards the Partner Service Provider: 13

INTELLECTUAL PROPERTY, DATA PROTECTION__ 13

8.1. Intellectual property: 13

8.2. Data protection: 14

DURATION, TERMINATION, SUSPENSION_ 14

9.1. Material scope and duration of the Panda Merchant Marketplace Service Agreement: 14

9.2. Ways to terminate the Panda Merchant Marketplace Service Agreement: 15

9.3. Termination with immediate effect due to breach of contract or fulfillment of the legal obligation of the Service Provider: 15

9.4. Deletion of the Panda Merchant Account at the request of the Foodpanda Partner, termination of the Service Agreement: 15

9.5. Suspension: 16

OTHER PROVISIONS_ 16

10.1. Read the entire Panda Merchant Marketplace Service Agreement and General Terms and Conditions: 16

10.2. Modification of the Panda Merchant Marketplace Service Agreement: 16

10.3. Transfer of contract: 16

10.4. Notifications, delivery rules: 17

10.5. Partial invalidity, waiver of rights: 17

10.6. Force majeure: 18

10.7. Governing law, legal disputes: 18

GENERAL TERMS AND CONDITIONS

1. PREAMBLE

Delivery Hero Hungary Limited Liability Company (company registration number: 01-09-668748; registered office: 1093 Budapest, Czuczor utca 2. 1. em.; tax number: 11187433-2-43; community tax number: HU11187433.; statistical number: 11187433-4791 -113-01) - hereinafter: " Delivery Hero " or " Service Provider " - in these General Terms and Conditions (hereinafter: " General Terms and Conditions " or " Terms and Conditions ") is established by the Panda Merchant online marketplace, marketplace ( hereinafter: " Panda Merchant Platform ") general terms and conditions regarding the use of its service by Foodpanda Partners who wish to purchase restaurant raw materials and other products for restaurant use.

The primary purpose and purpose of the Panda Merchant Platform is to create a contact opportunity for suppliers offering various restaurant ingredients and other products for restaurant use (hereinafter: " Supplier ") and potential customers, i.e. the restaurant operator and the Foodpanda Service Agreement with Delivery Hero between Foodpanda Partners who are already in a contractual legal relationship, to help the Supplier sell their restaurant raw materials and other restaurant-use products, help Foodpanda Partners to simply satisfy their needs for restaurant raw materials and other restaurant-use products, thereby connecting the demand and supply sides of the advertising market . The Service Provider provides information through the Panda Merchant Platform in order to facilitate contact between Suppliers and Foodpanda Partners. The Service Provider also sells products directly to Foodpanda Partners via the Panda Merchant Platform.

The Service Provider is entitled to unilaterally amend the General Terms and Conditions in accordance with the terms and conditions contained in the General Terms and Conditions. The version of the General Terms and Conditions modified by Delivery Hero and valid at all times replaces these General Terms and Conditions. Version 0 of the General Terms and Conditions is valid and applicable starting from January 15, 2023 .

2. CONCEPTUAL DEFINITIONS

In addition to the terms defined elsewhere in the General Terms and Conditions, for the purposes of the General Terms and Conditions, terms marked with a capital letter and defined below have the following meanings:

" General Terms and Conditions " or " Terms and Conditions ": means the general terms and conditions of the contract between the Service Provider and the Foodpanda Partner regarding the Panda Merchant Marketplace Service, as well as its versions modified by the Service Provider and in force at all times;

" Parties ": means the Service Provider and the Foodpanda Partner together;

" Foodpanda Partner ": means any restaurant, grocery store, or other business (including businesses operating all of these categories or conducting online retail activities) with which Delivery Hero has a Foodpanda Service Agreement and is therefore present on the Foodpanda Platform, and (b) that has an activated registration for the Panda Merchant Platform;

" Foodpanda Platform ": The online ordering intermediary website called Foodpanda operated by the Service Provider (www.foodpanda.hu), the mobile-optimized website (https://m.foodpanda.hu), the Foodpanda mobile application, and the server-side applications serving them together, which contains the list of products distributed by Foodpanda Partner and through which the consumer can place their orders;

" Foodpanda Service Agreement ": means the Foodpanda Marketplace (formerly: NetPincér Marketplace) and/or Foodpanda Szállítáz (formerly: NetPincér GO) service agreement between the Service Provider and Foodpanda Partner;

" Basket ": refers to the list of Products compiled by the Foodpanda Partner, to which the Product Order is directed - in the event of dispatch, and within which the Foodpanda Partner can see the name, price, quantity, and packaging of each inserted Product, can change the quantity of the inserted Product, the unwanted Product you can remove it, select the desired delivery date and time, but within which you cannot make a payment;

" Panda Merchant Sales Agreement ": means the contract concluded between the Service Provider and the Foodpanda Partner in connection with the sale of a given Product, by which the Service Provider sells the Product ordered on the Panda Merchant Platform directly to the Foodpanda Partner, i.e. it itself acts as a Supplier, and the general terms and conditions of which contained in Chapter 5;

" Panda Merchant Account ": means the virtual account created by or for the Foodpanda Partner during registration on the Panda Merchant Platform, (a) with which you can identify yourself on the Panda Merchant Platform by providing your e-mail address and password to the Service Provider, and (b) in which you can store the basic information required to use the Panda Merchant Marketplace Service, and (c) the existence of which is necessary to place Product Orders;

" Panda Merchant Marketplace Service ": means the online marketplace service and related services provided free of charge by the Service Provider as an online intermediary service provider to the Foodpanda Partner as a service related to the information society and related services, which includes the automatic forwarding of Product orders sent by the Foodpanda Partner to the Suppliers, Panda Operation of the Merchant Platform, registration and provision of the use of the Panda Merchant Platform (including in particular browsing, direct addition of Products to the Cart, availability of recently viewed Products and the ability to search for a specific Product(s), product type, or Suppliers);

" Panda Merchant Marketplace Service Agreement ": means the agreement concluded between the Service Provider and the Foodpanda Partner in connection with the Panda Merchant Marketplace Service, which includes these General Terms and Conditions and all their annexes and which is established in accordance with the GTC and enters into force;

" Panda Merchant Marketplace Service Agreement Effective Date ": 9.1 of these GTC. has the meaning defined in point;

" Temporal Scope of the Panda Merchant Marketplace Service Agreement ": 9.1 of these GTC. has the meaning defined in point;

" Panda Merchant Platform ": means by Delivery Hero as a service related to the information society on https://merchant.foodpanda.hu/ , or - if introduced by the Service Provider - through an online mobile application optimized for iOS and Android smartphones ( and the server-side applications that serve them) available online market place, marketplace, restaurant supplier platform operated under the name Panda Merchant, which contains and/or displays the list of Products distributed by the Suppliers, and through which the Foodpanda Partner can place their Product orders;

" Supplier ": means the company with a contractual relationship with the Service Provider, registered on the Panda Merchant Platform, which publishes its advertisement for the sale of Products through the Panda Merchant Platform for the purpose of reaching Foodpanda Partners and selling Products to them, with the Service Provider's own you also advertise Products, so you can appear as a Supplier;

" Service Provider ": means Delivery Hero, which is the operator of the Panda Merchant Platform, which provides the Panda Merchant Service to the Foodpanda Partner, and which itself advertises Products on the Panda Merchant Platform;

" Product ": means restaurant ingredients advertised by the Supplier on the Panda Merchant Platform for the purpose of reaching Foodpanda Partners and selling to Foodpanda Partners, other products for restaurant or store use, including products sold directly by the Service Provider, especially, but not exclusively, Packaging materials containing the service provider's brand name and logo;

" Product order ": means the order for the purchase of one or more Products selected by the Foodpanda Partner on the Panda Merchant Platform, i.e. the conclusion of a contract/purchase offer, which the Service Provider only automatically transmits to the Supplier within the framework of the Panda Merchant Marketplace Service, without modifying its content, and - in the event that the Service Provider itself is the seller of the Product - the Foodpanda Partner's order for the purchase of the Product, i.e. the conclusion of a contract/purchase offer, which is accepted by the Service Provider as its recipient.

INTERPRETATIVE PROVISIONS

General rules for the interpretation of terms: in the absence of a different provision expressed in the application of the General Terms and Conditions, or unless the context clearly indicates otherwise:

The terms defined in the GTC have the meanings assigned to them in the GTC and include both the singular and the plural.
The points and headings used in the General Terms and Conditions serve only for clarity and are not intended to describe, interpret, define or limit the regulatory scope or content or provisions of the General Terms and Conditions in any way.
The terms "in these GTC" , "in the GTC" , "in accordance with these General Terms and Conditions" and other terms with a similar meaning always refer to the entire GTC and not to its individual provisions.
"including" or "included" and "including" or "included" or "in particular" or "thus especially but not exclusively" are not intended to imply an exhaustive and thus limited list of the listed elements and cannot be interpreted as a restrictive provision.
A reference to a "point" in the General Terms and Conditions refers to all parts of the said point.
All annexes to the General Terms and Conditions are hereby ordered to be part of these General Terms and Conditions and for all intents and purposes shall be considered as part of these General Terms and Conditions.
Any reference to "legislation" refers to all laws, rules, regulations, records, rules, regulations, directives, binding guidelines, binding principles, and any similar form of decision, prescription, interpretation or administration of any authority in relation to any of the above.
The term "approval" means all approvals, consents, permits, licenses and authorizations.
The term "restaurant raw material" means food of mushroom, plant, animal or mineral origin, including drinking water, mineral water and brackish water, as well as semi-finished products produced by the catering industry, necessary for the production of catering products.
The term " other product for restaurant use " refers to the products, equipment, and non-food products used by restaurants for their activities, with the exception of restaurant raw materials.
Any reference to "third party" refers to any organization, business, legal entity or natural person other than the Service Provider and the Supplier.
The term "authority" means any national, federal, regional, state, local or other court, authority, other governmental, administrative or supervisory body, authority, body.
References to "day" shall mean a calendar day.
A reference to "business day" means any day on which banks are open for business purposes, with the exception of Saturdays and Sundays, or in Hungary, which are considered public holidays by law.
The starting day does not have to be included in the deadline set in days or working days for making the legal declaration or demonstrating other behavior.
Any term in Hungarian in these GTC, regardless of whether or not they appear in parentheses, must be attributed the meaning used in Hungarian within the framework of the context of the GTC.

4. LEGAL STATUS OF THE PARTIES, THE PANDA MERCHANT MARKETPLACE SERVICE, REGISTRATION, THE CONTENT AND OPERATION OF THE PANDA MERCHANT PLATFORM

4.1. Legal status of the Parties, Panda Merchant Marketplace Service:

The Service Provider, as the operator of the Panda Merchant Platform, provides the Foodpanda Partner with the Panda Merchant Marketplace Service using the Panda Merchant Platform, mainly in an automated manner. The aim of the Service Provider is to make the Suppliers and their Products available and visible to the Foodpanda Partners as widely as possible, as well as to contribute to the Foodpanda Partner placing Product Orders for the given Suppliers.

The legal transaction between the Supplier and the Foodpanda Partner for the purchase and/or delivery of the Products is not established on the Panda Merchant Platform, the Service Provider provides the Panda Merchant Marketplace Service exclusively as a service related to the information society, so the Foodpanda Partner delivers Product orders to the Supplier with unchanged content automatically forwarded by e-mail. The negotiation of certain essential contractual terms of the legal transactions for the purchase and delivery of the Products (in particular the requested and available quantity, the delivery deadline, the method of delivery, etc.) and their mutual acceptance between the Supplier and the Foodpanda Partner in each case Panda It takes place outside of the Merchant Platform, independently of the Service Provider, through a communication channel or interface chosen by the Supplier and the Foodpanda Partner.

The Service Provider, as the operator of the Panda Merchant Platform, acts exclusively as an independent service provider providing services related to the information society, and as a party, unless he is the seller of the Products himself, neither in the sales contract between the Supplier and the Foodpanda Partner, nor in the performance of any delivery service does not participate in a legal relationship. In such a case, the Service Provider is in no way responsible for the fulfillment of the sales contract and/or possible delivery contract between the Supplier and the Foodpanda Partner, and does not assume any responsibility for invitations, offers not originating from it on the Panda Merchant Platform and the Foodpanda Partner and the Supplier(s) ) in relation to contracts concluded between or the failure to conclude any contract. Regarding the information transmitted within the framework of the Panda Merchant Marketplace Service, (a) the Service Provider does not initiate the transmission of the information, (b) the Service Provider does not choose the recipient of the transmission, and (c) the information transmitted is not chosen by the Service Provider, or (d) it doesn't change that. The Service Provider does not act on behalf of the Foodpanda Partner when providing the Panda Merchant Marketplace Services.

4.2. The registration:

Only Foodpanda Partners can place Product Orders on the Panda Merchant Platform. During registration, the Foodpanda Partner Panda Merchant Account is created. The Panda Merchant Account is registered on the Panda Merchant Platform.

On the Panda Merchant Platform, the Foodpanda Partner is registered by the Service Provider, with the Foodpanda Partner being automatically pre-registered in the Panda Merchant system by concluding the Foodpanda Service Agreement, however, the registration becomes active upon acceptance of the invitation. Those Foodpanda Partners who have not previously activated their registration can notify the Service Provider of their request via email or other informal means. After that, the Service Provider sends an online invitation to the Foodpanda Partner's contact person, for which the Foodpanda Partner can activate its registration by accepting it within 30 days from the date of sending, and only then can they use the Panda Merchant Marketplace Service by logging into the Panda Merchant Account. In case of missed activation, the online invitation can be requested again by the Foodpanda Partner.

Foodpanda Partner is solely responsible for the accuracy, timeliness and veracity of the data required for registration and provided during the use of the Panda Merchant Marketplace Service. The Service Provider is not responsible for any damage resulting from a Foodpanda Partner's forgotten password or unauthorized access. The Foodpanda Partner is obliged to notify the Service Provider immediately if there is a suspicion that unauthorized persons have gained access to the Panda Merchant Account. The Service Provider can provide assistance with the process of Foodpanda Partner registration by using a flowchart or other information.

4.3. Content and operation of the Panda Merchant Platform:

Product orders on the Panda Merchant Platform can only be sent for Products whose appearance on the Panda Merchant Platform has been proposed by the Supplier in compliance with the relevant provisions. The range of Products displayed on the Panda Merchant Platform may differ from the range of products and their terms of sale found in the business premises of the Supplier's commercial units or on the Supplier's own online ordering channels.

The content, data and information on the Panda Merchant Platform may change continuously due to the nature of the Panda Merchant Marketplace Service. The Service Provider expressly strives to always display current content for the Foodpanda Partner, however - considering that the information, list of Products, Product description and the prices of the Products appearing on the Panda Merchant Platform come from the Supplier, the Service Provider is responsible for their content, up-to-dateness, does not assume responsibility for its availability and quality and cannot be liable for compensation. In addition to all this, Foodpanda Partner acknowledges that due to the color management technology of computer display devices (e.g. monitors, displays, etc.), the visual appearance of the photos may differ in practice on individual display devices, and due to the default resolutions used by individual browsers, the display may not are the same everywhere, on which the Service Provider, as the operator of the Panda Merchant Platform, has no influence whatsoever. Determining which browsers the Panda Merchant Platform is optimized for is at the sole discretion of the Service Provider.

In connection with the advertisements for the Products, the following may appear on the Panda Merchant Platform in particular, but not exclusively: (a) A photo of the Product / Product sample (in the case of a Product determined by type and quantity, by definition, it is not a photo of the Product itself that can be purchased, but a photo that qualifies as an illustration), (b ) a detailed description compatible with the nature and ownership of the Product, (c) information provided by the Supplier regarding delivery and payment options, (d) minimum order values, (e) available versions of the Product (e.g. packaging/color), (f) the net price or unit price of the Product, (g) the option to specify the desired Product quantity, (h) additional advertisements from suppliers.

On the Panda Merchant Platform, Foodpanda Partners can (a) browse the advertisements for the Products published by the Suppliers (including the entire range or subgroups of the Products), sort the Products according to the different categories and conditions defined by the Panda Merchant Platform (e.g. in ABC order, by price , by popularity, by upload date), and (b) they can add the Products directly to their Cart, (c) they can access recently viewed Products, (d) they can also search for a specific Product or Supplier.

The Service Provider provides Foodpanda Partners with the use of the Panda Merchant Platform in its always available form and assumes no responsibility for its proper operation on any device. The Service Provider does not guarantee or guarantee that access to or use of the Panda Merchant Platform will be continuous, uninterrupted or error-free, and the Service Provider shall not be liable for any errors resulting from these. The Foodpanda Partner acknowledges and accepts that the Panda Merchant Platform may become unavailable at any time for any reason (including, in particular, but not limited to illegal external influence, attack, virus infection, malfunction, programming error). The Service Provider shall not be held liable for any performance failure or other damage or loss resulting from such problems. The Service Provider reserves the right to change or modify the Panda Merchant Platform at any time (including all its functions, specifications and visual display), which do not require the amendment of these GTC, or even to terminate the Panda Merchant Platform.

The Service Provider informs the Foodpanda Partners that it is not the Service Provider's, but rather the individual Suppliers' obligation to provide the Foodpanda Partners with additional information about the Products (including, in particular, but not exclusively, its ingredients, allergens contained, etc.). If the Supplier lists and displays a Product on the Panda Merchant Platform, in respect of which the Foodpanda Partner has a legally guaranteed right of withdrawal, the Supplier, not the Service Provider, is obliged to create the conditions for the Foodpanda Partner to enforce it properly. If the Supplier distributes a Product in respect of which the Foodpanda Partner has a warranty and/or warranty right, then the Supplier, not the Service Provider, is obliged to create the conditions for the Foodpanda Partner to exercise it properly.

The order in which the Suppliers appear on the Panda Merchant Platform can be influenced by the following aspects: On the top menu bar, the delivery time assumed by the Supplier, in ABC order, on the main page, in the case of highlighted products, the Product of the Supplier providing the best price for the given Product appears.

The contents displayed on the Panda Merchant Platform in connection with the advertisements for the Products (including in particular those contained in point 4.3.3 of these GTC) do not constitute and do not represent the Supplier's offer, and therefore do not create a binding offer. Any content sent to the Foodpanda Partner via any means of communication (e-mail, telephone, etc.) or acquired by the Foodpanda Partner through access, visit and/or browsing does not constitute a contractual obligation of either the Supplier or the Service Provider, nor do these offer, offer binding.

4.4. Using the Basket, the Product Order process:

While browsing the Panda Merchant Platform, before finalizing the Product Order, the Foodpanda Partner can freely assemble the Basket, freely place and freely remove (delete) Products from it. Placing the Products in the Cart does not mean finalizing the Product Order. The Foodpanda Partner can see the name, price, quantity, and packaging of the Products placed in the Cart. The Foodpanda Partner can specify the desired delivery date for the Products in the Basket, which will be forwarded as part of the offer after the Product Order has been finalised.

The contents of the Basket will remain even if the Foodpanda Partner does not finalize the order, but continues browsing and searching on the Panda Merchant Platform. After compiling the Basket, by clicking on the "Continue to order" button, the Foodpanda Partner is automatically redirected by the Panda Merchant Platform to the "Finalize the Order" page, which serves the purpose of checking the data and summarizing the Product Order, where they can finalize the data required to place the Product Order. The Foodpanda Partner can check the details of his summarized and planned Product orders based on the contents of the Cart and the contents marked by him on the page called "Finalize the Order". In order to finalize your Product order, the Foodpanda Partner is obliged to provide: (a) name, (b) delivery address (i.e. where the Product is requested to be delivered), (c) contact telephone number (through which you can contact (d) billing address, ( e ) four-digit customer code, ( f ) if introduced – tax number.

The Foodpanda Partner places the Product Order in relation to the Products in the Cart on the page called "Finalize the Order" - acceptance of these GTC in the manner specified by the Panda Merchant Platform and 4.4.2 above. point, and in the case of entering the data required by the Panda Merchant Platform at all times, in the case of selecting options - you can finalize it by clicking on the "Send order" button. By finalizing the Product Order, the Foodpanda Partner declares that the data provided on the Panda Merchant Platform is correct. Following the finalization of the Product Order by the Foodpanda Partner, the Service Provider automatically forwards the contents of the finalized Product Order to the Supplier using the Panda Merchant Platform as the Foodpanda Partner's offer to enter into a contract, without modifying its content.

After finalizing the Product Order, the Service Provider will: (a) confirm the Product Order and (b) send the order number generated for the relevant Product Order to the Foodpanda Partner by e-mail. After placing the Product Order, this automatic, administrative system message sent to the Foodpanda Partner about the recording of the Product Order is for informational purposes only, and does not mean its confirmation by the Supplier or the acceptance of the Foodpanda Partner's offer. After finalizing the Product Order, all the offers contained in the Product Order, as well as the contact information and certain data of the Foodpanda Partner, will be sent to the Supplier involved in the Product Order. The Foodpanda Partner acknowledges that the Supplier learns, uses and manages the contents of the Product Order, and consents to the Supplier contacting the Foodpanda Partner at any of the contact details provided during the Product Order. After delivering the contents of the Product Order to the Supplier, the Service Provider is not obliged to carry out any further activities in order to establish a contract between the Foodpanda Partner and the Supplier, however, the Service Provider is entitled to mediate informally between the Parties by telephone and other means of communication in order to establish and maintain cooperation between the two parties, or negotiate in any other way, which activity does not qualify as mediation according to the law, and does not in any way mean that the Service Provider acts on behalf of the Foodpanda Partner or the Supplier.

The Foodpanda Partner acknowledges that, based on the Product Order, the Supplier is not obliged to either accept an offer sent or enter into a contract with the Foodpanda Partner, the Supplier is entitled to reject the offer contained in the Product Order in any case, the Product Order therefore does not constitute any obligation for the Supplier, so in particular it may happen that the Supplier sends a counter-offer to the Foodpanda Partner with content different from that contained in the Product Order, however, these legal acts are already outside the scope of the Panda Merchant Platform. The Foodpanda Partner acknowledges that the transmission, communication and sharing of any content not permitted by law is expressly prohibited on the Panda Merchant Platform. The Service Provider reserves the right to delete content uploaded by the Foodpanda Partner and requested to be forwarded, or to refuse forwarding.

By placing the Product Order, the Foodpanda Partner accepts these GTC, at the same time the Foodpanda Partner declares that it has read, understood, accepts and fully complies with all the provisions of these GTC, and recognizes all its provisions as binding on itself.

4.5. Order cancellation, modification, cancellation, Product order cancellation:

The Foodpanda Partner is bound by the offer in relation to the submitted Product Order with regard to the given data, so it is only possible to modify the Product Order, withdraw it, or withdraw from the established contract with the consent of the Supplier and in cases where the relevant legislation allows for this. It is possible to modify the Product Order or cancel it by sending a notification to the official contact details of the Supplier, provided that if the Foodpanda Partner indicates the request to the Service Provider, the Service Provider will forward it to the Supplier, which forwarding, however, is not considered the Foodpanda Partner legal declaration and the Service Provider is not considered a representative acting on behalf of the Foodpanda Partner. In the matter of modification or cancellation of the Product Order, the Supplier shall make a competent decision, for which the Service Provider assumes no responsibility whatsoever.

5. THE PANDA MERCHANT SALES AGREEMENT

5.1. Product order process, creation and fulfillment of the Panda Merchant Sales Agreement, contents:

Unless otherwise provided in this chapter 5, the provisions of other chapters of the General Terms and Conditions apply accordingly to the creation of the Panda Merchant Sales Agreement and its performance. Foodpanda Partner's general procurement conditions that conflict with or differ from the general contractual conditions contained in this chapter of the Panda Merchant Sales Agreement and other chapters of these GTC are only applicable if the Service Provider has expressly consented to them in writing. Without such consent, the sale and purchase of Products by the Service Provider is always based on the general terms and conditions of the Panda Merchant Sales Agreement, even if the Foodpanda Partner refers to its own general terms and conditions of purchase. 10.5, 10.6 of these General Terms and Conditions regarding the Panda Merchant Sales Agreement. and 10.7. also apply accordingly.

The Product Order process remains unchanged even if the Service Provider itself is the seller of the Product, with the fact that the automatic, administrative system message sent to the Foodpanda Partner after placing the Product Order about the recording of the Product Order (for the purposes of this chapter, hereinafter: " system message ") is also only informative in this case. nature, and does not mean its confirmation by the Service Provider and the automatic acceptance of the Foodpanda Partner's offer.

After sending the system message, the Service Provider receives the Foodpanda Partner's Product order, i.e. the Foodpanda Partner's offer, as its recipient and sends a confirmation by e-mail outside the Panda Merchant Platform (for the purposes of this chapter, hereinafter: " Confirmation "), or by the Service Provider's subcontractor completes the delivery. In this case, the Panda Merchant Sales Agreement is created for a given Product, and thus the offer made by the Foodpanda Partner becomes accepted by the Service Provider, when the Foodpanda Partner receives the Confirmation of the acceptance of the Product Order from the Service Provider by e-mail, or when the The service provider or its subcontractor completed the delivery.

The Foodpanda Partner acknowledges that the Service Provider is also not obliged to accept the offer sent based on the Product Order and to conclude the Panda Merchant Sales Agreement with the Foodpanda Partner. The Service Provider is entitled to reject the offer included in the Product Order in its Confirmation, the Product Order therefore does not imply any obligation for the Service Provider, so it is especially possible that the Service Provider sends a counter-offer to the Foodpanda Partner in its Confirmation with content different from that contained in the Product Order.

In the event that the Panda Merchant Sales Agreement is concluded, the Service Provider undertakes to deliver the ordered Product to the delivery address in Hungary specified by the Foodpanda Partner during the Product Order via the postal service partner contracted with it. The cost of delivery shall be borne by the Service Provider, however, the Service Provider shall be entitled to transfer the cost of delivery to the Foodpanda Partner, which the Service Provider shall inform the Partners of without doubt before placing the Product Order. Ownership of the Product is transferred from the Service Provider to the Foodpanda Partner upon delivery/acceptance of the Product. Upon receipt, the Foodpanda Partner is obliged to immediately inspect the Products in order to identify possible quality and quantity defects or deficiencies, without delay, but no later than within 1 (one) working day from the receipt of the Products, and is obliged to notify the Service Provider of any discovered quality and quantity defects or deficiencies without delay by e- inform by email. The characteristics of samples and samples that may be presented by the Service Provider for the Product or made available to the Foodpanda Partner can only be considered binding if these characteristics are specifically used to determine the quality of the Product according to the individually negotiated contractual terms of the Panda Merchant Sales Agreement. The Foodpanda Partner is responsible for independently assessing whether the Products are suitable for the purpose intended for them by the Foodpanda Partner.

5.2. Settlement, payment terms:

The Service Provider and the Foodpanda Partner agree on a periodic settlement with regard to the settlement of the purchase price of the Products, in connection with which the settlement period is the same as the governing settlement period between the Service Provider and the Foodpanda Partner based on the Foodpanda Service Agreement. The Service Provider issues the invoice for the price of the Product to the Foodpanda Partner and sends it in electronic form to the e-mail address provided for this purpose by the Foodpanda Partner in connection with the Foodpanda Service Agreement. The Service Provider shall invoice the Foodpanda Partner for the purchase price of the Products based on the Panda Merchant Sales Agreements concluded during the settlement period within 8 (eight) days after the end of the settlement period.

In the event that a Panda Merchant Sales Agreement is concluded between the Service Provider and the Foodpanda Partner in relation to one of its own Products advertised by the Service Provider on the Panda Merchant Platform, the Service Provider may set off the claim for the purchase price based on the sale and purchase of its own Product based on the Foodpanda Service Agreement to Foodpanda Partner for online consumer payments under legal title. The parties agree that the sale of certain products entails an obligation to pay an environmental product fee, which payment obligation is borne by the Service Provider.

The Foodpanda Partner may object to the invoice in writing within 7 (seven) working days of its receipt, in which it must clearly state the reasons for the objection and attach all supporting documents. The Service Provider examines the objection within 5 (five) working days from the receipt of the objection and decides on its acceptance or rejection.

5.3. Limitation of the Service Provider's liability:

The Foodpanda Partner may notify the Service Provider in writing of compensation claims that are not excluded in the Panda Merchant Sales Agreement and may be claimed based on the relevant legislation. The nature and amount of the damage must be described in detail in the report. The damage and its amount must be justified to a reasonable extent in the report. The Service Provider examines the reported and legitimate claim for compensation, and if it acknowledges the claim for compensation, it then takes measures to pay the compensation. The Service Provider's liability towards the Foodpanda Partner for damages related to the Panda Merchant Sales Agreement, - regardless of its legal basis and regardless of its personal or property nature - including, in particular, but not exclusively, the violation of the obligation to cooperate and provide information during the Panda Merchant Sales Agreement, breach of contract, faulty and late performance, non-contractual damages, impossibility on the part of the above are limited to those cases in which: (a) the damage to the Foodpanda Partner was caused intentionally, (b) the damage to the Foodpanda Partner in human life, physical caused in good or health. The Foodpanda Partner's claims for compensation beyond the above are excluded, unless the cogent provisions of the law provide otherwise. Thus, in particular, but not exclusively, the Service Provider (a) shall not be liable for any indirect or consequential damages, or for lost profits, if such damages are related to or as a result of the Service Provider's incorrect performance, late performance or non-performance of the Panda Merchant Sales Agreement with the Foodpanda Partner arises, and (b) assumes no responsibility for the appropriate evaluation (including but not limited to fitness for purpose and suitability for use), selection and use of the Products. The Service Provider took into account the provisions limiting liability according to this point when determining the purchase price of certain Products that are the subject of the Panda Merchant Sales Agreement.

6. MANAGEMENT OF COMPLAINTS OF FOODPANDA PARTNERS RELATED TO THE PANDA MERCHANT PLATFORM

The Service Provider provides an internal complaint management system for handling complaints of Foodpanda Partners, which is easily accessible and free of charge for Foodpanda Partners. The Service Provider's complaint handling system is based on the principle of transparency and equal treatment of equivalent situations, and complaints are handled proportionately to their importance and complexity. The complaint management system allows Foodpanda Partners to submit complaints directly in particular in relation to any of the following issues: (a) presumed lack of compliance with any obligations arising from the Panda Merchant Marketplace Service with respect to the Service Provider, which affects the Foodpanda Partner as a complainant; (b) technological problems directly related to the provision of the Panda Merchant Marketplace Service affecting the Foodpanda Partner as the complainant; (c) an action or conduct of the Service Provider directly related to the provision of the Foodpanda Merchant Marketplace Service, which affects the Foodpanda Partner as a complainant. Accordingly, within the framework of the Service Provider's internal complaint handling process, the Foodpanda Partner shall be given the opportunity to clarify the reasons, facts and circumstances leading to the immediate termination.

In order to ensure uniform, efficient and high-quality complaint handling, complaints are investigated centrally at the Service Provider, where complaints are investigated by persons specialized in the given organizational unit. The Service Provider (a) ensures that the investigation of the received complaints is carried out in accordance with the current legislation, the internal regulatory tools and processes of the Service Provider, and (b) ensures that the complaint handling takes place at a high level and fairly while protecting the interests of the complainant. In cases requiring special expertise, the complaint management department can request a consultant who can view the relevant documents, ask questions and express an opinion during the examination of the relevant complaint. As part of its internal complaint management system, the Service Provider: (a) properly considers the submitted complaints and the follow-up of the complaint, which may be necessary for the proper handling of the raised problem; (b) handle complaints quickly and efficiently, taking into account the importance and complexity of the problem raised; (c) inform the complainant individually, in clear and understandable terms, of the result of the internal complaint handling process. Contact for the internal complaint management system: merchant@foodpanda.hu , where Foodpanda Partners can submit a complaint. The Service Provider examines the given complaint and then responds to the complaining Foodpanda Partner without undue delay. Complaint handling by the Service Provider is always free of charge.

In order to avoid misunderstandings, the Service Provider notes that - in view of the fact that the negotiation of certain essential contractual terms of the legal transactions for the sale and delivery of the Products (thus in particular the requested and available quantities, the delivery deadline, the delivery method, etc.) and their mutual acceptance between the Supplier and the Foodpanda Partner takes place in all cases outside the Panda Merchant Platform, independently of the Service Provider, through a communication channel or interface chosen by the Supplier and the Foodpanda Partner - it cannot handle complaints in connection with the legal relationship between the Supplier and the Foodpanda Partner , the contract between the Supplier and the Foodpanda Partner shall govern the submission and handling of complaints by the Foodpanda Partner related to the legal relationship between the Supplier and the Foodpanda Partner.

7. RESPONSIBILITY OF THE SERVICE PROVIDER AS AN INTERMEDIARY SERVICE PROVIDER, RESPONSIBILITY OF THE FOODPANDA PARTNER TOWARDS THE SERVICE PROVIDER

7.1. The Service Provider's responsibility as an intermediary:

The Panda Merchant Marketplace Service, i.e. the operation and maintenance of the Panda Merchant Platform as an online marketplace, is performed by the Service Provider as an intermediary service provider, based on the provisions of current Hungarian legislation. The Service Provider does not assume any responsibility for information not made available on the Panda Merchant Platform it maintains, transmitted, stored or made available with the Panda Merchant Marketplace Service provided by it, as well as for errors or termination of the Panda Merchant Marketplace Services available on the Panda Merchant Platform as an online marketplace . In view of the above, the Service Provider is not responsible for the quality, safety and legal compliance of the Products advertised on the Panda Merchant Platform operated by it, and does not undertake to check these Products either. The Service Provider is also not responsible for the authenticity of the Products on the Panda Merchant Platform, or for the fact that Foodpanda Partners can actually buy them from the Supplier, and the Suppliers can actually sell the Products, and - in accordance with GTC 4.1.3. - cannot ensure that the Suppliers and the Foodpanda Partner will be able to finalize the transaction between each other, as it has no influence on its performance, so the Service Provider excludes any claim for direct or indirect damages, unless liability for damage is present according to point, its limitation/exclusion does not conflict with the cogent provisions of the law.

The Service Provider does not intervene in legal disputes and transactions between the Suppliers and the Foodpanda Partner, in the event of a legal dispute between the Supplier and the Foodpanda Partner, the Service Provider is not responsible for any damages that are the subject of the legal dispute between the Suppliers and the Foodpanda Partner. The Suppliers bear all responsibility for the content they publish or make available, including any kind of property or non-property damage caused by the content or otherwise incurred in connection with it. If the content published or made available by the Supplier on the Panda Merchant Platform, as an online marketplace, or provided or made available by the Supplier, is unlawful, the Service Provider shall comply with Article CVIII of 2001 on certain issues of electronic commercial services and services related to the information society. law (hereinafter: " "), and you can remove the content if you receive a corresponding notification from the right holder.

The security level of the Panda Merchant Platform operated by the Service Provider is adequate, however, it is recommended for the Foodpanda Partner to take the following precautions: (a) use virus and spyware protection software with an up-to-date database, and (b) install security updates for the operating system. The use of the Panda Merchant Platform presupposes the Foodpanda Partner's knowledge of the technical and technical limitations of the Internet and the acceptance of the error possibilities associated with the technology. The Service Provider assumes no responsibility for the content, data and information protection practices of external websites accessible from the Panda Merchant Platform as a jumping-off point. If the Service Provider becomes aware that the linked page or the linking violates the rights of third parties or the applicable laws, it will immediately remove the link from the Panda Merchant Platform.

The Foodpanda Partner is obliged to keep the user ID and password received for the Panda Merchant Account and treat it as confidential, so as not to share it with third parties. The Service Provider excludes its responsibility for all costs or damages caused by the use of the username and password by a non-Foodpanda Partner, as long as the access of these data to unauthorized persons cannot be blamed on the Service Provider.

7.2. Foodpanda's responsibility towards the Partner Service Provider:

The Foodpanda Partner is obliged to compensate the Service Provider, as well as the Service Provider's officials, representatives, owners, and employees for all damages, losses, expenses and costs (including the full amount of legal and other costs incurred in connection with the provision of legal representation and all other measures, consequential damages, arrears claims for profit, damages, damages due to violation of privacy rights), and is obliged to respond to all claims or proceedings that arise from or arise in connection with the incorrect or inadequate performance of its obligations arising from the Service Agreement of Panda Merchant Marketplace.

8. INTELLECTUAL PROPERTY, DATA PROTECTION

8.1. Intellectual Property:

All material placed on the Panda Merchant Platform, its full text, graphics and other content, the structure and source code of the Panda Merchant Platform, all intellectual property rights related to software, documents or information used or developed by the Service Provider, as well as any other intellectual property is also under copyright or other legal protection. The Service Provider is the exclusive owner of copyrights and other intellectual property rights - excluding content that is the intellectual property of the Suppliers.

Any use of any content of the Panda Merchant Platform or other intellectual property of the Service Provider is only possible with the prior written permission of the Service Provider. Based on the former, without the express permission of the Service Provider, the Foodpanda Partner is not entitled to include the Service Provider's name, trade name, logo or trademark in its own materials, or to use them differently from the provisions of the Panda Merchant Marketplace Service Agreement. If the Service Provider's logo or trademark appears on a surface that, according to the Service Provider's opinion, is harmful to the brand name represented by the Service Provider, the Foodpanda Partner must immediately take measures to remove the Service Provider's logo from the given surface after the Service Provider's notice to this effect. It is prohibited for the Foodpanda Partner to copy, modify, adapt, decompile, reverse engineer the source code of the Panda Merchant Platform or other software used by the Service Provider. In addition to trademark, copyright and civil law claims, the unauthorized use of the content of the Panda Merchant Platform may also result in sanctions defined in criminal law.

8.2. Data protection:

In connection with the information contained in this chapter, the Service Provider, as a data controller, is the subject of the Panda and Merchant Sales Agreements of the Panda Merchant Marketplace Service Contracts established with Foodpanda Partners, and in connection with these contracts, the Service Provider manages the contact data of natural persons provided by the Foodpanda Partner. Legal basis for data management: Regulation 2016/679 of the European Parliament and Council (EU) ("GDPR") Article 6 (1) para. point f) (data processing necessary to assert a legitimate interest). The Service Provider has a legitimate interest in being able to maintain contact with the Foodpanda Partner, the Service Provider assesses that the legal basis for the processing of contact information of the Foodpanda Partners complies with Article 6 (1) of the GDPR. f) and during the data processing, the interests or fundamental rights and freedoms of the data subjects are not violated in such a way that they override the legitimate interests of the Service Provider (the determined interests or fundamental rights and freedoms of the data subject do not take precedence over the interest). It is the legitimate interest of the Service Provider that the contact and communication related to the Panda Merchant Marketplace Service Contracts and Panda Merchant Sales Contracts concluded by it is ensured with the contractual partner, and that it promotes the fulfillment of the Panda Merchant Marketplace Service Contracts and Panda Merchant Sales Contracts through them. The purpose of data management is for the Service Provider to maintain contact with the contact person of the Foodpanda Partner in connection with the fulfillment of the Panda Merchant Marketplace Service Agreements and Panda Merchant Sales Agreements, facilitating the fulfillment, and maintaining the contractual relationship. The Service Provider informs the parties concerned that the Suppliers act as independent data controllers with regard to the contact data, and may only use them for purposes related to the fulfillment of the contract. Scope of processed data, source of data: name, e-mail address, telephone number of the contact natural person. On behalf of the Foodpanda Partner, the source of the data of the natural person designated as the contact person in the given contract is the Foodpanda Partner. Duration of processing and storage of personal data: the Service Provider shall immediately delete the processed personal data if the data processing was not carried out for the purpose specified in the legislation, or the purpose of the data processing has ceased (e.g. the contact person's right to contact has been terminated, the Panda Merchant Marketplace Service Agreement has been terminated and the the following retention period has also passed. The Service Provider keeps the documents containing the contact person's personal data for 5 years after their termination, as long as the general civil law limitation period. The Service Provider keeps the contracts and documents that must be kept according to the Accounting Act for 8 years. The rights related to data management : the data subject may request from the Service Provider (i) information about the processing of his personal data (before the data processing begins and during data processing), (ii) access to his personal data (the provision of his personal data by the data controller), (iii) the correction and addition of his personal data, ( iv) deletion or restriction (blocking) of your personal data, except for mandatory data processing, (v) you have the right to data portability, (vi) you can object to the processing of your personal data.

9. TERM, TERMINATION, SUSPENSION

9.1. Material scope and duration of the Panda Merchant Marketplace Service Agreement:

The scope of these GTC covers the Panda Merchant Marketplace Service provided by the Service Provider to the Foodpanda Partner in Hungary. These Terms and Conditions apply even if the Service Provider's services are available through another website or application (including the Foodpanda Vendor Portal), as well as apply to all ways of using the Panda Merchant Marketplace Services (mobile website, mobile applications, Facebook page, etc.) , through which the Panda Merchant Platform is accessible.

The nature of the legal relationship that is the subject of the Panda Merchant Marketplace Service Agreement is permanent, which is established for an indefinite period starting from the Effective Date of the Panda Merchant Marketplace Service Agreement (hereinafter: "Panda Merchant Marketplace Service Agreement Term ") and lasts until the termination of the Panda Merchant Marketplace Service Agreement . The Panda Merchant Marketplace Service Agreement is created by the Foodpanda Partner's activation of the completed registration of the Foodpanda Partner on the Panda Merchant Marketplace Platform, and becomes effective (hereinafter: " Panda Merchant Marketplace Service Agreement Effective Date ").

9.2. Ways to terminate the Panda Merchant Marketplace Service Agreement:

The Panda Merchant Marketplace Service Agreement may be terminated: (a) by mutual agreement of the Parties, (b) by immediate termination, (i) in the event of breach of contract by the other Party, or (ii) in the event of a mandatory provision of law, or (iii) in these GTC in specific cases, (c) 9.3 of the General Terms and Conditions upon the occurrence of the condition specified in point 2 and as specified therein, (d) upon the request of the Foodpanda Partner to delete the Panda Merchant Account by the Service Provider (e) upon the termination of the Foodpanda Service Agreement. Upon termination of the Panda Merchant Marketplace Service Agreement, the Service Provider will terminate the Panda Merchant Marketplace Service provided to the Foodpanda Partner on the day of termination (in the case of termination by mutual agreement, on the date agreed upon by the Parties) and delete the Panda Merchant Account belonging to the Foodpanda Partner.

9.3. Termination with immediate effect due to breach of contract or fulfillment of the legal obligation of the Service Provider:

Any conduct or omission during which any Party fails to fulfill any of its obligations under the Panda Merchant Marketplace Service Agreement is considered a breach of contract. The Party that suffers a breach of contract is obliged to notify the breaching Party in writing immediately, but with a reasonable deadline depending on the nature of the breach of contract, to remedy the breach of contract. If the breaching Party does not fulfill its obligations within this deadline and thus does not remedy the breach, the breaching Party is entitled to terminate the Panda Merchant Marketplace Service Agreement with immediate effect. The Parties are obliged to act in a reasonable manner and in good faith within the scope of remedying the breach of contract, as well as exercising the resulting right of termination with immediate effect. It is considered a breach of contract on the part of the Foodpanda Partner, and the exercise of the right of immediate termination by the Service Provider may be based in particular, but not exclusively, if (a) bankruptcy proceedings are initiated against the Foodpanda Partner, or it is subject to forced liquidation, or its insolvency has been determined by a final decision and its liquidation has been ordered; (b) the operation of the Foodpanda Partner damages or endangers the business reputation of the Service Provider, including in particular if it commits a breach of contract or violation of the law that receives media publicity; (c) violates the intellectual property provisions of the Panda Merchant Marketplace Service Agreement; (d) the Foodpanda Partner provides an untrue fact on the Panda Merchant Platform, especially in relation to the information to be displayed during registration. When communicating the termination with immediate effect due to breach of contract, the Party must also provide the other Party with a detailed explanation of the reason for the decision.

In the event of a mandatory legal provision applicable to the Service Provider or a compelling reason arising from the law, if it makes maintenance of the Panda Merchant Marketplace Service Agreement impossible, the Service Provider is entitled to terminate the Panda Merchant Marketplace Service Agreement with immediate effect. When communicating such termination with immediate effect, the Service Provider also includes a detailed explanation for the Foodpanda Partner regarding the existence of a legal provision or a compelling reason arising from the law.

9.4. Deletion of the Panda Merchant Account at the request of the Foodpanda Partner, termination of the Foodpanda Service Agreement:

The Foodpanda Partner is entitled to submit a request to the Service Provider for the cancellation of the Panda Merchant Account at any time, which the Service Provider shall fulfill within 8 (eight) working days from the receipt of the request. Deletion of the Panda Merchant Account also means the simultaneous termination of the Panda Merchant Marketplace Service Agreement. Upon termination of the Foodpanda Partner's Foodpanda Service Agreement for any reason, the Panda Merchant Marketplace Service Agreement between the Foodpanda Partner and the Service Provider shall also be terminated.

9.5. Suspension:

In the event that the Service Provider suspends the Foodpanda Partner on the Foodpanda Platform in accordance with the terms of the Foodpanda Service Agreement, it will simultaneously suspend the Foodpanda Partner on the Panda Merchant Platform.

10. OTHER PROVISIONS

10.1. Getting to know the complete Panda Merchant Marketplace Service Agreement and General Terms and Conditions:

The General Terms and Conditions, together with any Annexes attached to it, form the entire Panda Merchant Marketplace Service Agreement between the Service Provider and the Foodpanda Partner. Any prior agreement or agreement to that effect is not valid or effective, only if the Parties make it a part of the Panda Merchant Marketplace Service Agreement by applying the provisions relating to the modification of the Panda Merchant Marketplace Service Agreement.

The Foodpanda Partner expressly and irrevocably accepts the General Terms and Conditions by placing a Product Order on the Panda Merchant Platform, and acknowledges that the current version of the General Terms and Conditions - including its amendments - can be viewed in electronic form on the Panda Merchant Platform. The Panda Merchant Marketplace Service Agreement concluded between the Foodpanda Partner and the Service Provider is considered an electronically concluded contract, which is governed by Act V of 2013 on the Civil Code (hereinafter: " ") and Elkertv. regulations for electronic commerce services shall apply.

10.2. Modification of the Panda Merchant Marketplace Service Agreement:

The Service Provider is entitled to unilaterally modify the General Terms and Conditions in accordance with the provisions of point (C) of the Preamble of the General Terms and Conditions. The cooperation of the Parties based on the Panda Merchant Marketplace Service Agreement is always governed by the provisions of the version of the General Terms and Conditions amended by the Service Provider and applicable at all times. In the event of a modification of the General Terms and Conditions, the Service Provider will inform the Foodpanda Partner by sending a link to the amended GTC at least 15 (fifteen) days before the amendment takes effect. If the Foodpanda Partner does not accept the provisions of the amended GTC, it is entitled to terminate the Panda Merchant Marketplace Service Agreement by sending a unilateral written statement, in which case the Panda Merchant Marketplace Service Agreement will be terminated as of the date of entry into force of the amended GTC. Any statement by the Foodpanda Partner, in which - while complying with the notification rules - it expresses that it does not accept any provision of the amended GTC, the Service Provider considers it a statement to terminate the Panda Merchant Marketplace Service Agreement. If the Foodpanda Partner does not exercise its right of termination specified in this point within the specified 15 (fifteen) day deadline, the amended General Terms and Conditions shall be considered accepted by the Supplier and shall be applied in full force.

10.3. Transfer of contract:

Without the prior written consent of the Service Provider, the Foodpanda Partner is not entitled to transfer, assign or encumber the rights, claims or obligations of the Panda Merchant Marketplace under the Service Agreement, or encumber them in any other way. Accordingly, the Foodpanda Partner acknowledges that the Panda Merchant Marketplace is entitled to transfer, assign, assign or encumber its rights, claims or obligations under the Service Agreement, and to encumber them in any other way only with the prior written consent of the Service Provider. The Service Provider has the right to refuse consent without the obligation to provide reasons.

By activating the registration on the Panda Merchant Platform, the Foodpanda Partner expressly acknowledges that by activating the registration on the Panda Merchant Platform, Art. 6:209. In view of the provisions of § (1), expressly consent to the transfer of the contract, i.e. to the Service Provider transferring its rights, claims or obligations based on the Panda Merchant Marketplace Service Agreement to a third party (including, in particular, but not exclusively, the Service Provider's affiliated your businesses). In accordance with the above, the Foodpanda Partner also acknowledges that, in view of its prior consent to the transfer of the contract contained in this point, the transfer of the contract becomes effective with the notification of the remaining Party of the Panda Merchant Marketplace Service Agreement, that is, in this case, the Service Provider. The Service Provider shall notify the Foodpanda Partner in writing of the transfer of the contract.

10.4. Notifications, delivery rules:

All notices sent by one Party to the other in connection with the legal relationship under the Panda Merchant Marketplace Service Agreement are considered duly delivered if they are delivered to the other Party personally or by courier, and are considered duly delivered if, in accordance with the following rules, the Service Provider it is sent to the Supplier by e-mail or by post to the Foodpanda Partner's notification address. Notifications sent by the Parties - including delivery in person or by courier, or sent to e-mail addresses and sent by post (by registered mail with return receipt requested) must be considered delivered and communicated as follows: (a) by the Parties in the case of delivery in person or by courier, when the shipment is certified by the respective Party; (b) in the case of a postal item sent by the Parties (receipt of delivery, registered or other registered) when its delivery is verified, with the fact that if the item is returned by the other Party as "unknown" , "moved" or "not received" address, then the Parties consider the day of the return of the shipment as the day of delivery, while in the case of a return marked "not searched for" , the 5th (fifth) working day after the unsuccessful delivery; (c) notifications made by the Parties via e-mail shall be deemed to have been communicated if the other Party clearly confirms via e-mail the fact that the communication has taken place and/or the acknowledgment of the contents of the communication or the sending Party clearly confirms the sending (in the latter case, appropriate and clear confirmation is considered if the sending Party can confirm the sending of the e-mail by saving the sent e-mail from the mail system, in such a way that the sending Party, the recipient Party, and the text of the e-mail can be determined from the e-mail, which in this case, the time of delivery is the same as the time of sending), with the fact that if the Panda Merchant Marketplace Service Agreement does not require another form of delivery or if the Panda Merchant Marketplace Service Agreement specifically requires this, the Parties consider communication via e-mail to be primary. The Service Provider is obliged to ignore notifications sent to the wrong place and/or communicated in a way that is not suitable for the identification of the Foodpanda Partner, and the Service Provider is not responsible for any resulting damage either to the Foodpanda Partner or to third parties. The Parties are obliged to notify each other immediately of changes in their notification addresses and other data.

10.5. Partial invalidity, waiver of rights:

If any provision of the Panda Merchant Marketplace Service Agreement is found to be illegal, invalid or unenforceable under any current or future law, then this applies only to that provision and does not mean that the entire agreement is invalid or unenforceable, and all other provisions remain in force and effect. stays.

If a Party waives the other Party's breach or default of any of its obligations under the Panda Merchant Marketplace Service Agreement, it shall in no way be deemed or interpreted as consenting to or waived by such other Party under the same or any other Panda Merchant Marketplace Service Agreement in case of breach of obligation or failure to do so. If a Party uses a right waiver in any given case, it does not limit or constitute a waiver of the need for such Party's right waiver to be obtained in a future case, so the right waiver cannot be interpreted by extension.

10.6. Force majeure:

If any Party's performance under the Panda Merchant Marketplace Service Agreement is due to an event that is unforeseeable and beyond its control - including, in particular, but not limited to fire, typhoon, earthquake, flood, natural disasters, insurrections, government measures or omissions, accidents, war acts or circumstances related to war or terrorism - becomes impossible, the affected Party must immediately notify the other Party of the occurrence of such an event. The concerned Party is not liable to the other Party for delayed performance or failure to perform as a result of a force majeure event. The deadlines specified in the Panda Merchant Marketplace Service Agreement are automatically extended by the content of the force majeure event. The Party suffering or affected by force majeure is obliged to take all reasonable efforts and measures that can be expected of it in order to end the situation resulting from the force majeure event as soon as possible. After the end of the force majeure event or the removal of its consequences, both Parties are obliged to continue fulfilling their obligations immediately, but no later than 15 (fifteen) days from the end of the force majeure event or the removal of its consequences. In case of force majeure, both Parties bear the damages incurred by them.

10.7. Governing law, legal disputes:

These GTC and its interpretation are governed by Hungarian law, so the issues regulated therein must be decided by applying the substantive legal rules of Hungarian law, excluding the conflict of laws rules of this law.

Any legal dispute, contradiction or claim arising from or in connection with the Panda Merchant Marketplace Service Agreement, including any question regarding its existence, validity, breach or termination (hereinafter: " Dispute "), the Parties are obliged to settle through negotiations. If the attempt to settle the Disputes peacefully does not lead to results, the Parties stipulate the exclusive jurisdiction of the Buda Central District Court in matters falling under the jurisdiction of the district court, taking into account the jurisdiction rules.

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Return Policy

Returns

Our policy lasts 30 days. If 30 days have passed since your purchase, unfortunately we cannot offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:

Gift cards
Downloadable software products
Some health and personal care items

To complete your return, we require a receipt or proof of purchase.

There are certain situations where only partial refunds are granted:

Any item not in its original condition, is damaged or missing parts for reasons not due to our error
Any item that is returned more than 30 days after delivery

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven't received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you've done all of this and you still haven't received your refund yet, please contact us at deliveryhero-shop@deliveryhero.com.

Sale items (if applicable)

Only regularly priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at deliveryhero-shop@deliveryhero.com and send your item to: Oranienburger Straße 70 Berlin DE 10117.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you'll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn't marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping

To return your product, you should mail your product to:

URANO Informationssysteme GmbH
Nikolaus-Otto-Straße 8
D-55543 Bad Kreuznach
Email: info@URANO.de
Phone: 0671 840 30-0

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are shipping an item over EUR75, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.

Privacy Statement

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer's internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at shop@foodora.com or mailing us at:

foodora Shop, Oranienburger Straße 70 Berlin DE 10117

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify's data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify's Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store's website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website's Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES

Here is a list of cookies that we use. We've listed them here so you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider's internal stats tracker to record the number of visits

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

_secure_session_id, unique token, sessional

storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

SECTION 8 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at deliveryhero-shop@deliveryhero.com or by mail at

foodora Shop

[Re: Privacy Compliance Officer]

Oranienburger Straße 70 Berlin DE 10117

Terms & Conditions

OVERVIEW

This website is operated by foodora Shop through the SSC Volo GmbH. Throughout the site, the terms "we", "us" and "our" refer to foodora Shop. foodora Shop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us .

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obliged, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service .

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order) .

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall foodora Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless foodora Shop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals , whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Oranienburger Straße 70 Berlin DE 10117.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at shop@foodora.com .