These Terms of Use of Delivery Hero Czech Republic s.r.o., ID No.: 24254398, with registered office at Smrčkova 2485/4, Libeň, 180 00 Prague 8, a company registered in the Commercial Register maintained by the Municipal Court in Prague, file No.: C 197771 (hereinafter referred to as "foodora"), related to the Platform function called "foodora BUSINESS", regulate your use of the Platform when using your Corporate Account (hereinafter referred to as "Corporate Terms"). Please read them carefully. By accessing the Platform through your Corporate Account, you agree that you have read, understood and accepted these Corporate Terms, including all other terms and policies referenced herein, which are available on the Platform or accessible via hyperlink. If you do not agree to these Corporate Terms, please do not use the Corporate Program.
Unless otherwise provided in these Corporate Terms, the individual rights and obligations regarding Orders set out in the General Terms and Conditions of Use available here shall apply mutatis mutandis in relation to Corporate Orders (the "Terms of Use"). Unless otherwise provided in these Corporate Terms, the Terms of Use shall apply mutatis mutandis to the obligations arising from the Corporate Orders.
Foodora reserves the right to unilaterally amend or supplement these Corporate Terms at any time in accordance with Article 7 of these Corporate Terms. We will inform you of any changes to these Corporate Terms in such a way that you can familiarize yourself with the current version of the Corporate Terms without undue difficulty. The new Corporate Terms shall become effective upon their publication on the Platform. However, this provision does not affect any rights and obligations arising during the period of effectiveness of the previous version of these Corporate Terms.
Should you as a user of the Platform have any questions, concerns or complaints regarding Corporate Terms and/or the Corporate program, please feel free to contact our customer support via email at [email protected] or via the customer support chat in the application associated with the Platform.
Where individual definitions or abbreviations are not set out in these Corporate Terms, individual definitions or abbreviations may be set out in the Terms of Use.
Corporate Account means an individual corporate User Account on the Platform that has been set up for you by the Administrator for the purposes of foodora BUSINESS.
Corporate User means a User with a Corporate Account.
Corporate Organization means the person assigning Contribution to a Corporate User.
Administrator is a person who has been granted access to the Administration Interface via a Corporate Account and sets various restrictions for Corporate Accounts belonging to the Corporate Organization, within the limits allowed by the foodora BUSINESS service for the Corporate Organization.
Administration interface means the web interface of the foodora BUSINESS service, through which the foodora BUSINESS service can be set up within the limits allowed by the foodora for BUSINESS service.
foodora BUSINESS represents the possibility for legal entities, natural persons doing BUSINESS and/or other persons to contribute through Contributions to individual Corporate Users at regular or irregular intervals pre-set amounts of money for their use on the Platform, while this service also allows the Corporate User to use the pre-set Contributions on the Platform and thus make Corporate Orders.
Corporate Order means an Order placed through a Corporate Account.
Bulk Order means a single bulk order consisting of multiple Corporate Orders placed by different Corporate Accounts within a single Corporate Organization.
Contribution means a pre-set amount of money in the Corporate Account that is allocated to Corporate User Accounts via the Administration Interface and which the Corporate Organization will allow to be used exclusively for the payment of a Corporate Order and/or Bulk Order for Goods and/or Services from the Platform.
2.1 CREATING A CORPORATE ACCOUNT
In order to use the benefits of foodora BUSINESS, you need to create a Corporate Account. In order to set up a Corporate Account, ask your Corporate Organization (assuming it uses the foodora BUSINESS services) to send you a registration web link via the Administrator to the email of your choice.
2.2 CONDITIONAL CREATION OF A CORPORATE ACCOUNT
You are entitled to open a Corporate Account provided that you already have a regular User Account on the Platform. If you receive a registration email to create a Corporate account without an existing current User Account on the Platform, you are required to first create a current User Account, which you will be directed to register for using the registration link relating to the creation of the Corporate account.
2.3 PARALLEL USER ACCOUNT
Creating a Corporate account will create a parallel account to your regular user account on the Platform. In the Platform user interface, you are entitled to switch between your Corporate Account and your regular user account on the Platform.
2.4 CORPORATE ACCOUNT RESTRICTIONS
The Corporate Organization is authorized to set various restrictions on Corporate Accounts through the Administration Interface to the extent permitted by the foodora BUSINESS service. Corporate Account restrictions may affect, for example, the delivery location of a Corporate Order; the time interval to place a Corporate Order; departments within the Corporate Organization; Contribution redemption deadlines; and other restrictions permitted by the foodora BUSINESS services.
3.1 PLACING A CORPORATE ORDER
You can only place a Corporate Order if you are logged in to your regular Account and you have selected your Corporate Account after logging in to the user interface. Once you have selected a Corporate Account, please proceed with the standard ordering procedure as per the user interface.
3.2 PRE-ORDERS
If the function called "Preliminary Orders" is available within the foodora BUSINESS service according to Article 7.3 of the Terms of Use, the Corporate User is entitled to place a Corporate Order in advance on a specific date and time set by him. In this context, you acknowledge that advance orders may not be available for all Partners.
3.3 BULK ORDERS
If the function called "Bulk Orders" is available within the foodora BUSINESS service, multiple Corporate Users are entitled to place one Bulk Order. A Bulk Order is usually triggered by a single Corporate User, who generates a web link via the Bulk Order function to be shared with other Corporate Users within the same Corporate Organisation. In the event that such a web link is shared within a single Corporate Organisation between Corporate Users, these Corporate Users are entitled to add their own Corporate Order to the Bulk Order. By placing a Corporate Order within a Bulk Order, the Corporate Order becomes part of the Bulk Order. Except as otherwise provided in these Corporate Terms, all rights and obligations applicable to a Bulk Order shall likewise apply to a Corporate Order.
4.1 CONTRIBUTION FOR CORPORATE ORDERS
Once a Contribution in a certain nominal amount has been assigned to your Corporate Account by the Administrator, this Contribution can be used to pay the purchase price of the Goods and/or Services advertised through the Platform. The pre-set Contribution will automatically be added to the Corporate Order when it is submitted through the Corporate Account. This means that the face value of the Contribution is deducted from the total value of the Corporate Order. If the nominal value of the Contribution is less than the value of the amount of the Corporate Order, the Corporate User will pay the difference in cash. If the face value of the allocated Contribution is higher than the value of the Corporate Order, then the difference between the value of the Contribution and the Corporate Order can be applied to the next Corporate Order until it is exhausted.
4.2 LIMITATIONS OF THE CONTRIBUTION
You acknowledge that You are only entitled to use the Contribution granted under the foodora BUSINESS service through a Corporate Account within Your Corporate Organisation.
4.3 BULK ORDERS AND CONTRIBUTION
If multiple Corporate Accounts place a Bulk Order, the sum of all Corporate User Contribution will be deducted from the total value of the Bulk Order. If the sum of all Contributions is less than the total value of the Bulk Order of Corporate Users, the Bulk Order Originator shall pay the difference in price.
4.4 ELIGIBILITY OF CONTRIBUTIONS
You acknowledge that the cost of the Contributions for Corporate Orders is indirectly borne by your Corporate Organisation and cannot be claimed from us under any circumstances.
4.5 INABILITY TO APPLY THE CONTRIBUTION
Contribution cannot be combined with other discount codes listed in Article 13 of the Terms of Use, or with certain marketing promotions listed here.
5.1 PAYMENT OF A CORPORATE ORDER
If the Corporate User is required to pay the balance or the difference between the nominal value of the Contribution and the value of the Corporate Order and/or Bulk Order, this difference can only be paid by a non-cash payment method in accordance with Article 11.3 of the Terms of Use.
6.1 GENERAL
The foodora BUSINESS service may not always be available around the clock. It depends in particular on a separate agreement between the Corporate Organization to which the Corporate User belongs and us and/or on the criteria set by the Administrator.
7.1 CORPORATE TERMS CHANGE
Foodora is entitled to change these Corporate Terms at any time at its sole discretion. In the event of such changes, Foodora will inform you of the changes to these Corporate Terms in a manner that does not cause you undue difficulty in becoming familiar with the Corporate Terms (by email, posting on the Platform, etc.).
Any personal data provided to us will be handled in accordance with our privacy policy.
9.1 APPLICABLE LAW
All legal relations arising under these Corporate Terms or in connection with the Platform shall be governed by the laws of the Czech Republic, regardless of where access to and use of the Platform is made.
9.2 OUT-OF-COURT DISPUTE RESOLUTION - ADR
The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: http://www.coi.cz, is competent for out-ofcourt settlement of consumer disputes.
9.3 SALUTATORIAN CLAUSE
If any provision of the Corporate Terms is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the remaining provisions.
9.4. LANGUAGE
These Corporate Terms are in Czech and English. In the event of a conflict between them, the Czech version shall prevail.
9.5 EFFECTIVENESS OF CORPORATE TERMS AND CONDITIONS
These Terms of Use shall take effect on 01.01.2023.