USER TERMS & CONDITIONS AGREEMENT

 

Please read the terms contained in this agreement (“Terms of Use”, “User terms & conditions Agreement” or “Agreement”) carefully before using trufflypony.com or trufflepony.de (hereinafter referred to as “Website” or “Site”) or its mobile application (hereinafter referred to as “Application” or “App”). This Agreement sets out legally binding terms of use between the user of this site and Truffle Pony (hereafter may referred to as the “Company”) that monitors and has ownership rights to the Site and App. By accessing and/or using the Site and the App the user acknowledges that he/she has read understood and agree to be legally bound by the terms and conditions set forth in this document. If you do not agree to abide by this User Agreement, you are not permitted to access or use the Site / App. All text, graphics, design, content, and other works are copyrighted works of Company. The Company acknowledges proprietary rights of third parties displayed on the Site and App.  

For purpose of this Agreement the terms “we”, “us” or “our”, refer to the Company, Site and App, used interchangeably. When you use the service available on the Site or the App, you consent to our collection, use, and disclosure of information about you as described in this Agreement. This Agreement is effective from 3/22/2020 and continues until revoked by Truffle Pony.

 

  1. Definitions

Affiliate A restaurant or any other service provider that Truffle Pony offers its services. 

User A natural person, above the age of 18, or a legal entity which places an order through Truffle Pony services.

Offer All range of products and services that the affiliate offers through Truffle Pony services.

Binding Agreement Binding agreement occurs when the User accepts the offer of the affiliate, finalize an order and payment through Truffle Pony services.

 

  1. Truffle Pony Details

Watanabe & Margulies GbR

Johannisstraße 20

10117 Berlin, Germany

Betriebsnummer: 31404133 

VAT (USt ID) = DE 296 040 997

Email address: info@trufflepony.com

 

  1. Truffle Pony Offer

Truffle Pony provides a platform on which the User can purchase products and/or delivery services from an affiliate featured on the platform.

The affiliate is solely responsible for the uploaded information of its products and services on the Truffle Pony platform.

Truffle Pony publishes the offer on behalf of the affiliate according to the information sent by the affiliate. Truffle Pony does not verify the accuracy of the affiliate’s offer and is not responsible for the offer’s content provided by the affiliate on the Truffle Pony website. The offer is also consistent with the affiliate’s own terms and conditions.

Truffle Pony is not responsible for the product quality prepared the affiliate.

 

  1. Allergies and Intolerances

The User should review the menu carefully and should contact directly the affiliate for further details before placing an order.

The affiliate might use in its menu ingredients and additives that can cause allergies and intolerances.

 

  1. Binding Agreement

A Binding agreement occurs when the User accepts the offer of the affiliate, finalize an order and payment through Truffle Pony services.

Upon finalization of an order and payment, Truffle Pony will communicate the order details to the affiliate. After the affiliate accepts and confirms the order, an order confirmation of the binding agreement is sent to the User by SMS and email.

The User should review the order before confirming it and making a binding agreement. The order cannot be cancelled by the User after it has been placed and confirmed by Truffle Pony or the affiliate.

The Truffle Pony Service may change or remove features of the Truffle Pony Service, including the products and affiliates available in the Truffle Pony Service in part or in whole.

 

  1. Selling of Alcohol Products

Alcoholic products can only be ordered by Users above the legal age of 18 years old.

If the order contains alcoholic products, Truffle Pony or the affiliate may ask for a proof of age upon delivery. If a proof of age cannot be provided by the User, Truffle Pony or the affiliate can refuse the delivery and cancel the order and binding agreement and the User will be charged for the full price of the order.

 

  1. Payments

In order to execute the order and form a binding agreement, the User must submit a valid credit card or any other relevant payment methods which are stated and approved in the Truffle Pony services.

Truffle Pony collects all payments from the Users on behalf of the affiliate.

The payment will be charged from the User’s paying method upon finalizing the order through Truffle Pony platform. 

In case of a refund of payment the funds will be transferred back via the payment method used to make the order.

 

  1. Delivery of an Order

Delivery can only be executed when the User provides correct and accessible address and phone number.

The User must be present on the address provided and reachable on the phone number provided from the time of the binding agreement confirmation until delivery occurs.

In case of need to reach the User, the Truffle Pony Courier or the Truffle Pony’s customer service will contact the User by the telephone number provided. If the Truffle Pony courier arrives to the delivery location and the User is not available within 3 minutes of the arrival of the delivery, the courier or customer service of Truffle Pony will make two phone call attempts. If without any answer, the delivery may be cancelled by Truffle Pony or the affiliate and the User may be charged for the full price of the order.

Any delivery time or pick-up time or other time estimate communicated to the User by the affiliate or Truffle Pony Service are only estimated times. There is no guarantee that the order will be delivered or available for pick-up at the estimated time. Delivery times of the products may also be affected by factors such as traffic jams, rush hours and weather conditions.

 

  1. Pick Up of the Order at the Affiliate’s Location

If the User chose to pick up the order directly at the Affiliate’s location, the User should arrive at the indicated time stated in the order confirmation.

Upon pick up, the affiliate may request the User for identification in order to confirm the identity of the User.

The affiliate will keep the order up to 60 minutes from the time stated in the order confirmation. The User must be aware of the affiliate opening times and if the order confirmation is placed within 60 minutes of closing time of the affiliate the order will be kept only until the closing time of the affiliate.

If the order will not be picked up as stated above the User will be charged for the full price of the order.

 

  1. Complaints and Complaints Resolution

Truffle Pony has only a mediating role between the User and the affiliate.

The affiliate is solely liable for any quality issue of the order and committed for preparing the order within the time indicated at the Truffle Pony services for the best of its abilities.

Truffle Pony services or the affiliates ability to prepare the order may at any time be interrupted or permanently discontinued.

In case the User discovers any issue or shortcoming with the product quality or delivery the User must submit any complaints to Truffle Pony or the affiliate without delay, with clear descriptions of said shortcomings via the site or App chat or info@trufflepony.com

 

  1. Personal Information We Collect

When you visit the Site or App, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site or App, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site or App, and information about how you interact with the Site or App. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make an order or order attempt to make a purchase through the Site or App, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

 

  1. How Do We Use Your Personal Information?

We use the Order Information that we collect generally to fulfill any orders placed through the Site or App (including processing your payment information, arranging for delivery, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site and App (for example, by generating analytics about how our customers browse and interact with the Site or App, and to assess the success of our marketing and advertising campaigns).

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

 

  1. Additional Terms for Truffle Pony Services

 

13.1 Eligibility

To register as a member of the Site or App, you must be of sound mind. By using this Site or App, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from availing our Services. You also agree to abide by all of the terms and conditions of this Agreement. If at any time Truffle Pony is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation about your eligibility, the Company reserves the right to forthwith terminate your subscription and / or your right to use the Service, without any refund to you, for any of your unutilized subscription fee, if any.

The User declares that he/ she are a natural person, above the age of 18, or a legal entity and are not persons with any criminal record nor barred by the government from receiving any services under any law in Germany. The User agrees to the following:

  • Provide accurate, current, true and complete information about them while registering on our Website or App.

  • Maintain and promptly update your profile and registration data to keep it accurate, true, current and complete.

Under an event of information being found incomplete, false or inaccurate, we reserve the right to delete, terminate or deactivate your account without any notification or intimation and refuse any current or future use of our Website and/or App.

When you register on our Website and/or App, you will be required to choose a username and a password. You are responsible for maintaining the confidentiality of your password and account information. You must immediately notify us of any unauthorized use of password or account or any other security breach.

You are liable for maintaining the confidentiality of any login information associated with any account you use to access the Services or resources, and thus you are also responsible for all activities that occur on your account. You will be solely responsible for any consequences, losses, or damages that Truffle Pony may directly or indirectly incur or suffer due to any illegal or unauthorized activities conducted by you or person engaged by you.

 

13.2 Proprietary Rights and Trademarks

The Site contains copyright material, trademark and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. All proprietary material displayed on the Site or provided on demand, is copyrighted as a collective work either owned by Truffle Pony or licensed from a third party.

Truffle Pony owns copyright in the selection, coordination, arrangement and enhancement of such proprietary material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit the content, in whole or in part. User may download copyrighted material for user’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Truffle Pony. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

 

13.3 Disclaimer and Liability

The User expressly agree that use of Services is at its sole risk. Neither Truffle Pony or its affiliates nor any of its respective employees, couriers, service providers, third party agents warrant that Truffle Pony’s Services will be uninterrupted, faulty or error free. Truffle Pony makes no representations about the accuracy of the information contained in the material provided and graphics on this Website or App for any purpose. Truffle Pony hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement. In no event, shall Truffle Pony be liable to any party for any direct, indirect, special or other consequential damages for any use of the Services, the information, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Truffle Pony is expressly advised of the possibility of such damages. Truffle Pony is not responsible for any incorrect or inaccurate content provided to the user or affiliate whether on the Site or App or otherwise. The user and affiliate must use its discretion before availing Services of Truffle Pony.

User and the affiliate agree and assure to not hold Truffle Pony, its employees, couriers, directors, officer bearers, managers, investors, donors, and licensors responsible, for and against all losses, whether financial, intellectual, mental, physical (including misuse of debit / credit card and online banking facilities) or otherwise, expenses, damages and costs, including reasonable attorneys’ fees, resulting from use of the Site or Services. Despite regular controls Truffle Pony is not liable for any mishap or misuse of financial or personal information of the affiliate. Truffle Pony reserves the right to be indemnified for the above mentioned. In such event, user shall provide Truffle Pony with such cooperation as is reasonably requested by us.

Truffle Pony is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and Subscribers or to any other person’s computer related to or resulting and/or in connection with Truffle Pony’s service. Truffle Pony expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content of study material made available to subscribers.

Truffle Pony does not warrant or guarantee that the information contained on the Site or App is accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omission, whether such errors or omissions result from negligence, accident or any other cause. Before availing Services, user discretion is advised. Truffle Pony further assumes no liability for the interpretation and/or use of the information contained on this Site or App, nor does it offer a warranty of any kind, either expressed or implied. Also, we do not guarantee that the use of our Services, resources and/or information provided on the Site or App will meet your needs or requirements. We do not also guarantee that the information obtained by using our Services will be accurate.

Truffle Pony makes no commitment to update the information or materials on this Website or App which, as a result, may be out of date. Neither us, nor our officers, directors, employees, couriers or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information provided by us. Truffle Pony reserves the right to revise these terms at any time. User is responsible for reviewing this page from time to time to ensure compliance with the then current terms and legal restrictions because they will be binding upon them.  

Force majeure: Truffle Pony will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify Truffle Pony within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.

 

13.4 Indemnification

User and the affiliate shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Website or App and all charges related thereto shall be borne by the concerned parties.

Truffle Pony will not be liable and you agree not to claim for any direct, indirect, incidental, exemplary or consequential loss or damages which may be incurred by user or the affiliate as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent, and that in such conditions limitation of liability laws and clause apply.

 

13.5 Disclaimer of Warranty and Limitation of Liability

Users expressly agree that use of the Website or App is being used at his / her sole risk. Neither Truffle Pony nor our affiliates, employees, directors, partners, affiliates, third party content providers or licensors warrant that the Website or App will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Website or App, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website or App.

The Website or App is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

Notice of liability: despite regular controls we are not liable for any negligence at our hands, should one occur. The said user is himself fully responsible for his / her respective usage. Please contact us if you notice pages with illegal or immoral content. The legal information in this Agreement also applies to our social media outlets, such as Facebook, Google+, Twitter, LinkedIn and the like.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that we are not liable for defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.  

In no event will we or any person or entity involved in creating the Website and Mobile Application be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Website or App. User hereby acknowledges that the provisions of this section shall apply to all content on the Site and our Mobile Application.

In addition to the terms set forth above neither we nor our affiliates, suppliers or vendors shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of the information contained within the Website or App, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.  

Disclaimer of Content: Every effort has been made to ensure that the information contained in this Site or App is accurate and true. The content of the Site or App is believed to be correct at the time of compilation. However, Truffle Pony makes no representations or warranties about the content and suitability of the information contained herein for any purpose. Truffle Pony, its servants, affiliates and employees disclaim all liability for the accuracy, completeness, or usefulness of any information, apparatus, products or process disclosed and for any error or omission therein.

 

13.6 Payment Security

The Site has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.

Since this is an intermediary and an ‘information only site’, we do not guarantee your e-commerce transactions to be entirely safe and secure. When you place orders through our website or online payment gateway service providers (“OPGSPs”), listed on the Site, you must ensure that you agree to the terms and conditions of the said OPGSPs agreement. Truffle Pony shall not be liable should there be a discrepancy in refund, loss or misuse of credit card details, hacking of sensitive monetary information.

Resolution of all payment related complaints shall remain the responsibility of OPGSPs concerned. Users must read and agree to privacy policy and online security framework of respective OPGSPs listed on the Site before transacting. We do not take responsibility for any security lapse, should infringement or violation happen as a result of you accessing an OPGSP listed on the Site.

 

13.7 Feedback

All comments, feedback, information or materials submitted to Truffle Pony through or in association with our Website or App shall be considered non-confidential and Truffle Pony’s property. By submitting such comments, information, feedback, or materials to us, you agree to a no-charge assignment to the Company of worldwide rights to use, copy, modify, display and distribute the submissions. Truffle Pony may use such comments, information or materials in any way it chooses in an unrestricted basis. Users are welcome to provide candid feedback to us.

 

13.8 Cookie Policy

When you visit our Site, we may place “cookies” on your computer to recognize you. We do this to store your preferences, collect statistical data and track your use of our Service. Cookies are widely used, and most web browsers are configured initially to accept cookies automatically. If you prefer not to accept cookies, you may adjust and configure your browser settings accordingly. However, if you turn off cookies, or refuse to accept a request to place a cookie, some features and services on the Site or App may not function properly. Ad companies (including but not limited to Google and Facebook) may also place cookies on your computer to track your activities across various sites so that they can display targeted advertisements.

 

13.9 General Provisions and Termination

If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire agreement between you and Truffle Pony concerning your use of the Site.

You agree that we may, at our sole discretion, permanently or temporarily suspend or terminate your access to all or parts of the Site and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement, and/or any suspected illegal and/or fraudulent or abusive and/or competitive activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Site will immediately cease.  

 

IN WITNESS WHEREOF, all users, visitors and service provide agree that they have read this document and agrees to be bound by them for as long as they continue to either use the Site or avail Services of Truffle Pony.

__________________________