Quandoo Additional Terms and Conditions for the Sale of Hardware

1. Scope

1.1. These Additional Terms and Conditions regulate the special terms and conditions for our sale of hardware to you.

1.2. If we make hardware available to you free of charge for whatever reason, these Additional Terms and Conditions do not apply, i.e. you cannot assert any warranty claims against us with respect to the hardware that is provided free of charge.

1.3. In other respects, the General Quandoo Terms and Conditions for Corporate Partners will apply as well as other agreed Additional Terms and Conditions, if applicable.

2. Subject of the contract

2.1. You can purchase selected hardware from us. Modules to which you have subscribed in your contract will be compatible with the hardware and can be used on it.

2.2. In other respects, we do not guarantee any properties and provide no guarantees with regard to the purpose of use of the hardware.

3. Provisions for the purchase of hardware

3.1. The prices agreed in the contract, plus shipping costs, will apply. In other respects, the General Provisions of our Terms and Conditions for Corporate Partners will apply, particularly the provisions relating to prices, terms of payment and default.

3.2. Retention of title

3.2.1. You will only acquire title to the hardware upon payment of the full purchase price. The goods subject to a retention of title may not be pledged to third parties or transferred by way of security before the purchase price has been paid in full. You must inform us in writing immediately if third parties access the goods belonging to Quandoo (e.g. through pledging or other dispositions). You are obligated to preserve the reserved goods in a flawless condition.

3.2.2. If you act contrary to the contract, especially in the event of the non-payment of the purchase price that is due, we will be entitled to withdraw from the contract in accordance with the statutory provisions and to reclaim the goods on the basis of the retention of title and the withdrawal. If you do not pay the purchase price that is due, we may assert these rights within our statutorily allowed rights.

3.3. Warranty

3.3.1. The warranty operates alongside and in addition to any statutory rights that you may have in terms of consumer or any other laws, and should not be interpreted as attempting to exclude, restrict or modify the applicability of any of those rights.

3.3.2. We warrant that the hardware will conform in all material respects with its description and be reasonably fit for purpose for a period of one year from receipt of the hardware (warranty period).

3.3.3. You must notify us in writing of any obvious defects upon delivery of the hardware (including an incorrect or short delivery) within two weeks from the time of the delivery.

3.3.4. If the hardware contains a defect and resultantly does not comply with this warranty at any other time after delivery, you must notify us of the defect in writing, no later than 48 hours after discovery of the defect.

3.3.5. We will not be liable for any unreported defects.

3.3.6. If, after we are given a reasonable opportunity to examine the alleged defect, we find that the delivered item is in fact defective, we may choose to repair the defect or to deliver a defect-free item (replacement delivery) as supplementary performance. Our right to refuse supplementary performance under statutory conditions will remain unaffected. If our supplementary performance has failed, you may withdraw from the contract and we will refund the price of the defective hardware in full. In the event that the failed supplementary performance relates to a minor defect, however, there will be no refund and no right of withdrawal, but rather a reduction in purchase price.

3.3.7. Damages caused by unsuitable measures or measures contrary to the contract on your part during the set-up, installation, connection, use, operation, maintenance or storage will not justify a claim against us, neither will we be liable for any defects that arise as a result of fair wear and tear, wilful damage or negligence by you or any third party.

3.4. We will assume no procurement risk and will be entitled to withdraw from the contract if we do not receive the delivery item in spite of the prior conclusion of an appropriate purchase contract on our part; our liability for wilful intent or gross negligence will remain unaffected. We will inform you immediately if the hardware will not be available on time. If we want to withdraw from the contract, we will exercise the right of withdrawal immediately. In the event of withdrawal, we will refund the relevant payment immediately.

4. Installation of modules

4.1. Unless otherwise agreed in writing, we will install the modules you have subscribed to on the hardware. This will not apply if you purchase the hardware without having subscribed to any modules with us.

4.2. You agree that we may remove the hardware from its original packaging and commission it before delivery, for the purpose of installing the modules to which you have subscribed.

5. Delivery

5.1. The delivery dates or delivery periods will not be binding. They will only be binding fixed dates if this is expressly agreed in writing and the dates are identified as such.

5.2. Delivery will be to the delivery address provided by you.

5.3. Part deliveries will be permitted if they are reasonable for you.

Quandoo Additional Terms and Conditions for the Creation of Photographs

1. Scope

1.1. These Additional Terms and Conditions regulate the special terms and conditions for the creation of photographs.

1.2. In other respects, the General Quandoo Terms and Conditions for Corporate Partners apply as well as other agreed Additional Terms and Conditions, if applicable.

2. Subject of the contract

2.1. We offer the creation of photographs, especially of partner restaurants and the food and drinks offered there.

2.2. To fulfil the obligations under these Additional Terms and Conditions, we are entitled to engage third parties as subcontractors.

3. Conclusion of the contract, agreement of deadlines, cancellation, delivery

3.1. You can sign up for the production and licensing of professional photographs either through contract or via the Quandoo Webpage. A separate individual agreement will set out both the price, as well as the number of photographs to be delivered in either case.

3.2. After the conclusion of the contract, we will set a binding date for the creation of the photographs (" Shooting") by mutual agreement.

3.3. If you cancel the Shooting, the full amount of costs agreed in the individual contract will remain due. If you postpone the Shooting, the following fees will be due: (i) if the Shooting is postponed more than 48 hours before the agreed time, no costs will be due; (ii) if the Shooting is postponed 24-48 hours before the agreed time, 50 % of the costs agreed in the individual contract will be due; (iii) if the Shooting is postponed less than 24 hours before the agreed time, 100 % of the costs agreed in the individual contract will be due.

3.4. We will deliver the contractually agreed number of photographs in a jpg. format, edited by Quandoo, if applicable, at our sole discretion before delivery to the Partner ("Material"). There will be no entitlement to delivery of other photographs that are created in the course of the Shooting, which are not Material ("Raw Material"). We will decide, at our own discretion, which photographs are sent to you as Material.

4. Selection of subjects, consent, indemnification

4.1. The subjects of photography will be selected by agreement between you and us or the subcontractors commissioned by us.

4.2. It is your sole responsibility to obtain the consent of any third parties that is necessary for the creation of the photographs and to indemnify us against claims of third parties that are based on a failure to obtain this consent or a failure to fully obtain this consent.

5. Granting of rights of use

5.1. Within the framework of the applicable statutory protection period, we grant you the simple right, unrestricted in terms of time and place, to the tangible or intangible use of the Material as follows:

5.1.1. the right to make the Material publicly accessible on the internet, especially on webpages and social media accounts, as well as in the context of web-based advertising that is provided in a digital format.

5.1.2. the right to use the Material in books, documentation, promotional measures, advertising including poster advertising, brochures, flyers, catalogues for print and digital editions without quantity restrictions in Singapore and abroad.

5.1.3. the right to use the Material in public relations work and to pass it on to third parties for publication, reproduction and dissemination for this purpose.

5.1.4. the right to present the Material at exhibitions and events, especially for internal and external presentations, in both digital and analogue format.

5.1.5. the right to exploit the Material commercially through the production and sale of all kinds of goods.

5.1.6. the right to edit the Material in consideration of the moral rights of the author and to adapt it for the intended purpose of use, i.e. to undertake retouching, colour and resolution adjustments, to alter the Material digitally and to create details.

5.2. You may grant sublicences within the framework of the rights granted to you under 5.1.

5.3. You accept the granting of rights to the above extent.

5.4. We warrant that a waiver of the author's right to be named has been agreed with the author of the materials, insofar as this is legally permissible.

5.5. We will have the right to edit the Material and to use it – including in an edited form – for advertising purposes, e.g. through presentation by us and by companies affiliated with us on webpages, in apps, in print advertising media and in internal and external presentations, without restriction in terms of time and space and in a tangible and intangible form. The author and intermediate contractors will also be entitled to use the Material as a reference for their own customer acquisition. We will not grant your competitors any direct rights to the (Raw) Material.