BrainLabs GmbH, Brandstrasse 25, 8952 Schlieren, Switzerland, CHE138.884.414 ("BrainLabs") has developed a Social-Table Concept and Marketplace called Drool ("Drool"). Under the brand "Drool", BrainLabs offers gastronomy, hotel, and event business entrepreneurs ("Partners") the opportunity to develop their own Social-Table creations ("Social-Tables") online and offer those to their guests on the marketplace. Interested users ("Users") can book and pay for tickets for these Social-Tables online and thereafter participate in them.
APPLICATION AND AMENDMENT OF THESE TERMS AND CONDITIONS OF USE
By creating a user profile on Drool, the User acknowledges having read, taken notice of, and agreed to these Terms and Conditions of Use.
BrainLabs reserves the right to amend these Terms and Conditions of Use from time to time and appropriately inform the User thereof. Applicable are the Terms and Conditions of Use as then in effect that are accessible on Drool. By using Drool, the User agrees to the applicable Terms and Conditions of Use.
If Users disagree with any amendments to the Terms and Conditions of Use, they can contact BrainLabs at [email protected] and send a request for account termination. The User is aware that this may result in certain services becoming no longer available to the User. After the account closure, the User's profile is also deleted, or a process is carried out that is equivalent to the deletion (such as complete anonymization of all data).
PURPOSE OF DROOL
Partners independently offer their Social Tables on Drool on the basis of the social table concept. Drool allows the User to connect with such Partners via the social marketplace and book, pay for, and participate in Social Tables.
Drool offers three categories of Social Tables:
- Drool Public Table: All Users may participate in the Drool Public Table to the extent that relevant tickets are available. This allows Users to enjoy the Partner's relevant service with Users who are unfamiliar to them and so contact Users unfamiliar to them.
- Drool Private Table: In the case of Drool Private Tables, the Partner's services are in advance limited to a group of two to four Users who know each other. The focus is on enjoying the service together with trusted persons. For the rest, the Drool Private Table is identical to the Drool Public Table.
- Drool Personal Table: The Social Table is designed and customized upon the User's request and is available to him and persons of his choice, who must register previously. This table category also can be used to handle caterings.
- Social Tables may include other services that, if necessary, are provided by engaging third parties (e.g. provision of a transportation service by the User to the Partner; the "Transportation").
PARTIES AND STATUS OF BRAINLABS
- The contractual relationship that governs the use of Drool is between the User and BrainLabs and is regulated by these Terms and Conditions of Use and any further terms on Drool.
- BrainLabs offers Social Tables on Drool in the name and on behalf of Partners.
- Where the User books a Social Table through Drool, a contractual relationship arises between the User and the Partner with respect to the Social Table in accordance with the below provisions. BrainLabs is not a party to this contractual relationship and is only involved in its arrangement and performance as an assistant of the Partner. BrainLabs acts always in the name and on behalf of the Partner (direct representation).
- The contractual relationship between the User and the Partner, where this is accordingly laid down below, is regulated by these Terms and Conditions of Use and any further terms on Drool.
CONDITIONS FOR USE OF DROOL
To use Drool, the User must be at least 18 years old and register himself on Drool. A valid email address is required for the registration.
USE OF DROOL
- The User has the right to use Drool for its intended purpose. Any alternative use is prohibited.
- BrainLabs may at any time, at its sole discretion, terminate the use of Drool by Users, refuse the registration, delete the profile, and/or prohibit them the use.
- BrainLabs expressly reserves the right to terminate the operation of Drool at any time, at its sole discretion, without providing any reasons whatsoever.
OFFERING, BOOKING OF, AND PAYMENT FOR SOCIAL TABLES
- Partners may offer the User Social Tables on Drool, which they create independently on Drool after relevant registration and activation and without involving BrainLabs as far as content is concerned.
- BrainLabs has no obligation towards the User to ensure that Partners offer the User such Social Tables.
The booking of Social Tables is as follows:
- Drool Public Table and Drool Private Table are displayed on Drool and, subject to relevant availability, can be booked by the User directly via Drool.
- With regard to Drool Personal Tables, the User can express his interest in such a Personal Table via Drool. BrainLabs will then within a period determined by BrainLabs – usually 72 hours – select up to five suitable Partners and request them to make a relevant offer. The Partner undertakes to respond to such requests within a period of 48 hours. BrainLabs forwards these offers to the User after appropriate verification, within 24 hours, in the name and on behalf of the Partner, without disclosing the identity of the Partner. The offers that the Partner makes available to BrainLabs for forwarding remain binding for a reasonable period – unless otherwise agreed between the Partner and BrainLabs, at least until the end of the eighth business day following the User's initial request. The User can then, if he is still interested, choose the Offer that is attractive to him and make a selection and payment via Drool. The Partner's identity is disclosed after the payment.
- The User undertakes to provide accurate information during the booking of Social Tables.
- It is the sole responsibility of the User to make the booking in a timely manner in order to be able at all to participate in the Social Table.
- If the User books via Drool a Drool Public Table, Drool Private Table, or Drool Personal Table offered by a Partner, a respective contractual relationship arises between the User and the Partner upon payment of the total fee to BrainLabs (as the Partner's collection point). The booking procedure is completed when BrainLabs issues a ticket for the Partner. The ticket must contain at least the following information:
- type, subject, place, and time of the Social Table;
- information about the Partner;
- number of booked participation rights
- name of the User.
- Payment of the fee is made via payment service provider Stripe. The payment service provider is domiciled in a foreign country. Therefore, payment processing (including sending the User's data) is carried out in a foreign country, whereby such foreign country is subject to data protection regulations that are not the same as in Switzerland. Furthermore, the use of the payment service provider may result in additional costs for the User (such as the payment service provider's or third party fees). The User consents to the use of the payment service provider.
- BrainLabs will provide the Partner with a guest list with names of participating Users before the target date. In addition, the Partner can get information on the status of bookings on Drool.
CONTRACTUAL RELATIONSHIP BETWEEN THE USER AND THE PARTNER
- On completion of the booking, a contractual relationship between the User and the Partner arises with respect to the User's participation in the Social Table and with respect to the conduct by the Partner of the Social Table for the User.
- This contractual relationship is governed by the following provisions. They are incorporated during the booking.
- The User acknowledges having read, understood, taken notice of, and agreed to these terms and conditions. In the event of any inconsistencies, the following order of precedence applies:
- The Terms and Conditions of Use as then in effect, to the extent relevant to the contractual relationship between the User and the Partner.
- Any specific terms and conditions of the Partner with regard to respective Social Tables that are presented on the Event Detail Page and agreed upon during the booking.
- BrainLabs acts in connection with Social Tables only as a direct representative or assistant of the Partner with regard to the negotiation and conclusion of the agreement and certain other activities as set out in these Terms and Conditions of Use. All information on Drool and all other possible communication of BrainLabs with the User in relation to specific Social Tables are to be understood as public announcements of BrainLabs in the name of the respective Partner (direct representation).
- In relation to the booking of, participation in, and conduct of Social Tables, BrainLabs under no circumstances becomes a party to the agreement (and/or other agreements between the User and the Partner in relation to the booking of, participation in, and conduct of the Social Table).
- The Partners offer the Social Tables on Drool for a fee (the "Total Fee"). In this connection, the following principles apply:
- The Total Fee is disclosed during the booking and must be paid by the User as part of the booking.
- The Total Fee comprises the Partner's fee for the ticket (including VAT), BrainLabs' fee (without VAT because BrainLabs is not subject to VAT), and transaction fees.
- BrainLabs has no control over the Partner's fee.
- The use of Drool is free for the User.
- The Total Fee paid by the User in connection with the booking constitutes the User's consideration for the Partner's services (including any Transportation, if agreed) and their arrangement and performance.
- Further services and/or goods requested by the User on site and/or outside Drool in relation to or in connection with Social Tables must be paid for by the User separately.
- The User undertakes not to unreasonably challenge payment of the fee via the payment service provider at the issuer of his credit card and, in particular, not to unreasonably object to the relevant transaction. If the User violates this provision, he must pay the compensation (including relevant costs resulting from the violation) in full to BrainLabs (as the Partner's collection point).
- The Partners offer the Social Tables on Drool for a fee (the "Total Fee"). In this connection, the following principles apply:
- Right to Participate in the Social Table
- Subject to the following provisions, the ticket issued upon completion of the booking gives the right to participate in the Social Table.
- With respect to the tickets, the following terms apply:
- The User must check the tickets (status and information accuracy) immediately after receiving them, within 2 business days at the latest. Any mistakes must be notified to the Partner (as represented by BrainLabs) within this period in writing by email to [email protected] or via Chat Box (only in this case, the User will receive a replacement ticket); otherwise, the tickets are deemed accepted.
- The benefits and risks in relation to sending the tickets pass to the User after they are sent by the Partner (or BrainLabs as representative).
- The User is responsible to ensure that the tickets are not damaged or lost. Damaged or lost tickets are not replaced. The right to participate in the Social Table is forfeited due to the damage and lost.
- The User may not utilize the tickets for advertising purposes, resell, reproduce, or modify the tickets.
- Special terms for Drool Personal Tables: The contractual relationship is solely between the User who has booked the Drool Personal Table and the Partner. Third parties designated by the User are not contractual parties. The User must ensure that the third parties comply with those obligations which the User has himself under this agreement.
- Only Users who are at least 18 years old are eligible to participate in the Social Table.
- Furthermore, the User must be able to prove his identity to the Partner in connection with the conduct of the Social Table. The participation right may be subject to other terms agreed upon during the booking. The Partner may at any time cancel the right to participate if the User violates the agreement.
- Cancellation and Postponement/Relocation of the Social Table by the Partner
- The Partner may cancel or postpone the Social Table or change the place of conducting it only for imperative reasons.
- Where the Social Table is canceled, except for reasons of force majeure, the User may claim a refund of the Total Fee from the Partner. BrainLabs (acting in the name and on behalf of the Partner) must ensure the refund.
- Where the Social Table is postponed and/or relocated (to another time and/or place), the User's booking remains valid. In such cases, the Partner has the option to allow the surrender of tickets.
- Participation Cancellation and Surrender by the User
- Users have the right to cancel booked tickets for Social Tables via Drool.
- If the cancellation occurs at least one week before the commencement of the Social Table, the User will receive the full refund.
- Conduct of the Social Table
- Social Tables are conducted by the Partner only. BrainLabs is in no way involved in conducting them.
- The User undertakes to comply with the Partner's instructions and requirements (namely access, security, and age requirements). In the event of noncompliance, the Partner may exclude the User from the Social Table.
- The User will behave at Social Tables in a socially suitable manner and properly as may be generally expected of participants of such events.
- If the Transportation is part of the Social Table, the Partner responsible for the Transportation will notify the User of the pickup time by email in advance.
- Representations, Warranties, and Liability
- The Partner makes no representations and warranties. Representations and warranties that have been expressly agreed upon with respect to the relevant Social Table during the booking on Drool are retained.
- The Partner's liability is excluded to the extent permitted by law.
- Final Provisions
- The place of performance of all services of the Partner that are provided by BrainLabs in its capacity as representative or assistant is located at the seat of BrainLabs.
- The assignment of rights by the User to a third party requires a prior written consent of the Partner.
- (c) The User waives his right to set off claims against the Partner's claims.
- Unless otherwise provided in this Agreement, any amendments affecting this Agreement are only valid if made in writing. This applies also to this requirement of written form.
- The invalidity or unenforceability of one or more provisions of this Agreement does not affect the validity of other provisions hereof. Invalid or unenforceable provisions must be replaced by the parties with a new provision the economic and legal effect of which comes as close as possible to that of the invalid or unenforceable provision so that the meaning of this Agreement in general remains unchanged
- This Agreement is fully governed by Swiss law without regard to its conflicts of law provisions and without regard to provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- Only courts at the place where the Partner has its seat have jurisdiction over disputes arising out of or in connection with this Agreement. This does not affect mandatory statutory jurisdictions.
BrainLabs makes available to the Users and the Partners a Chat Box that enables communication between the User and BrainLabs or the Partner and BrainLabs.
- EVALUATION SYSTEM & WALL OF FAME
- The User can evaluate Drool, the Partners, and the conducted Social Table. Truthful statements must be made during the evaluations. The evaluations must be objective and may not contain insults. Any improper influence on and any misuse of the evaluation system are prohibited. It is not permitted to specify personal User information in an evaluation. It is particularly prohibited to use the evaluation system for one's own benefit or otherwise misuse it. BrainLabs has the right, but not the obligation, to intervene in evaluations at any time.
- On the basis of these evaluations (as well as feedback that BrainLabs receives outside Drool), BrainLabs may create a "Wall of Fame" and a ranking of the Partners and publish the Users' (positive) evaluations
- DATA PROTECTION AND DATA USE
- Applicable are the data protection and data use terms and conditions that are available under the following link Link abrufbar sind:.
- INTELLECTUAL PROPERTY RIGHTS
- Drool was conceived, designed, developed, and implemented by BrainLabs and is protected by copyright.
- Drool includes legally protected content. This relates in particular to the design, layout, images, texts, and graphics. The reproduction of such content is prohibited.
- Subject to mandatory statutory provisions, any further use or reproduction of Drool or its parts is prohibited.
- BrainLabs or any third parties retain all intellectual property rights.
- BrainLabs has the exclusive right to determine whether, when, and how Drool should be configured, used, and developed further.
- EXCLUSION OF WARRANTIES
- BrainLabs is committed to maintaining a highquality service and User experience.
- However, the User is aware and accepts that all information on Drool with regard to Partners and Social Tables is provided by them and is not verified by BrainLabs.
- BrainLabs makes no warranties and representations with respect to the contractual relationship between the User and the Partner. In particular, BrainLabs makes no warranties and representations with respect to:
- the Social Tables offered by the Partner, whether with respect to their conduct and relevant details (either quality or quantity) or with respect to information presented on Drool;
- achieving the agreement between the User and the Partner in relation to or in connection with the booking;
- making payment of the fee;
- the scope, content, and performance of the agreement between the User and the Partner;
- in particular, BrainLabs makes no warranty that Partners will comply with their contractual obligations.
- EXCLUSION OF LIABILITY
- BrainLabs' liability for medium and minor negligence is excluded. BrainLabs is only liable for willful misconduct and gross negligence.
- BrainLabs assumes no liability for assistants or other involved third parties.
- FINAL PROVISIONS
- The User is prohibited from assigning or transferring rights and obligations without the consent of BrainLabs.
- The invalidity or unenforceability of one or more provisions of this Agreement does not affect the validity of other provisions hereof. Invalid or unenforceable provisions must be replaced by the parties with a new provision the economic and legal effect of which comes as close as possible to that of the invalid or unenforceable provision so that the meaning of this Agreement in general remains unchanged.
- Only courts of Zürich (Switzerland) have jurisdiction over disputes arising out of or in connection with this Agreement. This does not affect mandatory statutory jurisdictions.