Terms of use for users

1. Scope

a) These Terms of Use (“these Terms of Use”, “this Agreement”, “the Agreement”) govern the relationship between Tastier Ltd. (“Tastier” or “we”) and end users (“Users” or “you”) with respect to your use of the goods and services provided by Tastier (“Tastier Services” or “Services of Tastier”).

b) This Agreement applies only to Tastier Services. Tastier has contractual relationships with customers (“Contract Partners”) who in turn provide goods and services (collectively, “Contract Partner Services” or “Services of Contract Partners”). Tastier is not responsible for Contract Partner Services. If you use Services of a Contract Partner, you enter into a contract with the Contract Partner. It is therefore also your contracting party – whereby you are his customer – and the general terms and conditions or other contractual conditions of the Contract Partner apply.

c) If you use Services of Tastier, Tastier acts in many cases as a service provider of the Contract Partner, even if Tastier appears to you – possibly also jointly with the Contract Partner – e.g. as a website address, with name and / or logo. As a rule, your use of Tastier Services does not establish a contractual relationship between you and Tastier. Only in exceptional cases a contract between you and Tastier is established.

d) Even if Tastier obviously offers services independently and not as a service provider of a Contract Partner, your use of Tastier Services does not necessarily establish a contractual relationship with Tastier. This is the case, for example, when visiting our website. Further terms and conditions for the use of our website can be found here. Certain subdomains, however, such as go.tastier.ch, fall under paragraph c) of this article.

e) Our privacy policy can be found on our website. It is not part of this Agreement, but may limit Tastier’s rights under this Agreement.

2. Definitions and interpretations

We use terms and abbreviations in this Agreement that we have defined elsewhere in the Agreement – often with parentheses and quotation marks: (“term”). These definitions apply throughout this document.

“Tastier System” is understood here as the sum of all software components of the IT system provided by Tastier.

In addition:

The headings in this Agreement shall not affect the interpretation of the contents of this Agreement.

3. Tastier Services

a) Tastier is not obligated to offer or successfully provide Services. Tastier Services are provided “as is” and “as available”. That is, Tastier may change, adjust, limit, discontinue or suspend Services, in whole or in part, at any time. Tastier shall not be liable for any interim or permanent non-provision or manner of provision of Tastier Services and shall have no obligation to communicate if any non-provision or other changes occur.

b) You are not obligated to use Tastier’s Services. Most of Tastier’s Services can be used anonymously and without permanent registration.

c) If you have questions, criticism or suggestions for improvement of Tastier Services, you can use the feedback form in the Tastier App or write an email to feedback ( at ) tastier.ch (without spaces and replace (at) with @).

4. Specific Tastier Services

The provisions in this article apply in addition when you use Tastier Services that are explicitly listed here. These provisions supersede other provisions in this Agreement only to the extent of any inconsistency, and only with respect to the particular Service listed herein.

A. Orders

a) Orders via the Tastier System generally concern Contract Partner Services.

b) Placing orders obligates you to pay the corresponding total amount, including tips and other fees.

c) You are obliged to check the order details completely for correctness before placing each order. Incorrect orders do not generate a claim for cancellation or refund.

d) The Contract Partner can make a minimum age query if your order contains alcoholic goods or other services with an age limit. If you answer in the affirmative to this query and it turns out during an inspection that you cannot provide adequate identification or that you do not meet the minimum age requirements, the Contract Partner may refuse to deliver the corresponding services without substitution. In this case, there is no right to a refund.

e) The Contract Partner can cancel orders if the ordered service is not available. If you have already paid for the order, the amount paid will be refunded to you in full. With your consent, the Contract Partner can deliver a service of at least equal value instead of the refund.

B. Payments

a) If you make payments via the Tastier System, you may see “Tastier” or similar on your statement. In this case, the Contract Partner has assigned its receivables to Tastier on a fiduciary basis, i.e. it has instructed Tastier to collect due receivables from you on its behalf. You agree that Tastier will charge the total amount confirmed by you, including tips and other fees, to the means of payment you have provided, with immediate maturity. You are obliged to check the total amount for correctness before triggering the payment.

b) Tastier acts in the case of a) only as a collection service provider for the Contract Partner. The funds collected by Tastier from you serve solely to simplify the transaction between the Contract Partner and you, they do not bear interest and are forwarded to the Contract Partner within the shortest possible time, for which Tastier is compensated by the Contract Partner. In this case Tastier is responsible for the correct technical processing of the payment made by you, unless this is restricted elsewhere in this Agreement.

If you have a question or complaint regarding incorrect payment processing, you can contact us at the e-mail address mentioned in Art. 3, letter c). If you have a question or complaint regarding the Services of a Contract Partner, or if you wish to request a refund, return or cancellation, you can contact the Contract Partner. It will review your request and process it in the Tastier System, if warranted. Alternatively, you can contact Tastier directly (email address above or contact options in the Tastier App) and we will process your request in accordance with this Agreement and within the scope of our contract with the Contract Partner.

Regardless of how a refund request is received by Tastier, Tastier will only grant such a request if:

the Contract Partner has commissioned or agreed to this,
you can prove a missing, faulty, incomplete or qualitatively inadequate delivery of the services, although the Contract Partner believes that it has fulfilled its obligations under the contract with you, or
technical problems in the Tastier System resulted in the payment of an excess amount.

In the event of negligence on your part or the occurrence of circumstances which impede or prevent the proper delivery of the services to you, Tastier may refuse a refund or charge you for the expenses and costs incurred as a result of a granted refund. Tastier may set off claims that Tastier or the Contract Partner has against you against your refund claims.

c) If, in the case of a), e.g. technical problems have led to the payment of an amount that is too low, you owe Tastier all remaining payments. After consultation with Tastier you can also pay them to the Contract Partner.

d) Tastier uses one or more external payment providers to technically process payments. Tastier is not responsible for any errors made by payment providers.

5. Liability

a) Tastier is liable without limitation for gross negligence and intent. Regardless of the reason for liability (contractual, non-contractual, breach of warranty, etc.) and regardless of the number and time of occurrence of the damaging events, Tastier shall be liable for slight negligence towards you for direct or immediate damages resulting from breach of contract only up to the amount of the payment made by you. Liability for indirect damages, consequential damages and loss of profit is excluded to the extent permitted by law. Any contributory negligence on your part shall be imputed to it. Unless otherwise expressly stipulated, all claims for damages against Tastier shall become statute-barred within 5 years.

b) You are liable to Tastier for all damages resulting from the breach of your obligations under these Terms of Use.

c) If Tastier is prevented from fulfilling its obligations due to an event of force majeure, Tastier shall be released from these obligations. You will be relieved of your consideration obligations to the extent and for as long as Tastier is prevented from performing its obligations due to Force Majeure. “Force majeure” is an event that comes from outside, cannot be foreseen and cannot be averted or not averted in time even by applying reasonably expected care and technically and economically reasonable means. This includes, in particular, natural disasters, terrorist attacks, power failure, failure of telecommunications connections, strikes and lockouts, insofar as the lockout is lawful, or legal provisions or measures of the government or of courts or authorities (regardless of their lawfulness).

d) If Tastier transmits information provided by contractors or other third parties, Tastier is not responsible for their content, accuracy or timeliness.

6. Tastier obligations

Tastier shall endeavor to provide Tastier Services as trouble-free and uninterrupted as possible.

7. Your obligations

a) You are obliged to keep data and devices with which you use Tastier Services, in particular e-mail, password, means of payment, browser, cell phone and other mobile and stationary devices, technically intact at all times, to protect them from access by third parties and to keep login data secret. Credentials to access the Tastier system are personal and non-transferable. You are responsible for all activity occurring on your devices and with your login credentials and all activity conducted with your means of payment, including payments not authorized by you. Tastier is not obligated to take precautions or conduct audits if any suspicious or unusual activity emanates from your devices and/or login credentials. Tastier will not be liable for any damages related to any disclosure or third-party manipulation of data resulting from a compromise of your login credentials or devices. You agree to comply with all applicable data protection laws. In the event of a breach of security or data protection obligations, Tastier is entitled to delete your login credentials and data.

b) You undertake to use Tastier Services exclusively within the framework of the following restrictions:

All applicable laws are complied with, and use is for lawful purposes only
Trouble, annoyance and inconvenience is avoided
The correct operation of the Tastier System and any systems connected to it will not be impaired
No attempts will be made to damage or interfere in any way with the Tastier System or any systems connected to it

c) To use the Tastier system, you need an internet connection (e.g. mobile data, WLAN), possibly you will be sent communications (e.g. SMS, e-mail). You are responsible for any costs charged by third parties.

d) You are responsible for ensuring the completeness, accuracy, timeliness and legal compliance of all data and content provided by you on the Tastier System or to Tastier through other channels (“User Content”). If User Content infringes intellectual property rights or other rights of third parties, or if such infringement is plausibly asserted to Tastier, if Tastier has reason to believe that the content is unlawful or violates morality or this Agreement, Tastier is entitled to adjust the content, remove it, block your access and delete the data without giving reasons.

e) You grant Tastier a non-exclusive, transferable, sublicensable, royalty-free, perpetual and worldwide license to use, distribute, copy, modify, publicly perform or display, translate and create second hand works from User Content. Namely, you authorize Tastier to link the Content with services provided by third parties.

f) You are obligated to indemnify Tastier at all times against all claims of third parties.

g) The content provided by Tastier (“Tastier Content”) is protected by copyright, trademark, patent and other intellectual property laws. Tastier Content may be modified by Tastier at any time in its sole discretion and is provided to the User solely for the purpose of using the Services. Use of the Tastier Content beyond this purpose is a material breach of this Agreement.

8. Amendments to this Agreement

Tastier reserves the right to modify this Agreement at any time without prior notice. Changes to this Agreement will be published on Tastier’s website. You will be deemed to have accepted them if you do not object to the amended Agreement within 30 days of publication or if you use Tastier Services after publication of the amendments. If you object to the changes, you may no longer use Tastier Services. Since Tastier is a standardized offering, any proposed changes you make will not be considered.

9. Final provisions

a) Severability clause: If gaps arise in the practical application of this Agreement or if the invalidity of a provision is established by law or by both parties in agreement, the parties undertake to fill in or replace this gap or invalid provision in an objective and appropriate manner oriented to the economic purpose of the cooperation.

b) Applicable law and place of jurisdiction: This Agreement shall be governed by Swiss substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (UN Sales Convention) and to the exclusion of the provisions of private international law. The courts of Zurich shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement.

10. Validity

Starting 01.09.2023