Terms and Conditions for End Users
Last updated: 1 January 2025
Scope
These Terms and Conditions apply to the relationship between Worklivery GmbH and its end consumers. Restaurants should refer to the “Terms and Conditions for Restaurants”.Definitions
Offering: The range of products and services offered by the restaurant that customers can order through the platform.
Order: An order placed by a customer with a restaurant through the platform for the offering selected by the customer.
Customer: A natural or legal person who places an order with a restaurant through the platform.
Platform: The websites, apps and tools of Worklivery and its affiliated companies and business partners.
Restaurant: A business that prepares and sells meals, drinks and related products and uses the platform to conclude contracts and receive payments.
Restaurant information: Information about the restaurant, including contact details, general information, product range, prices, delivery area, delivery charges and minimum order quantities.
Service: The commercial services and/or activities offered by Worklivery to the customer, including publishing the offering, facilitating the conclusion of contracts and transmitting orders.
Contract: An agreement between the customer and the restaurant concerning an order, including delivery or collection.
Worklivery: Worklivery GmbH, the operator of the platform.Identity of Worklivery
Worklivery GmbH operates in Austria under the “worklivery” brand.
Address: Worklivery GmbH, Huemerstraße 23, 4020 Linz
Email: office@worklivery.atApplicability
These Terms and Conditions apply only to Worklivery's services. Worklivery is not responsible for the offering itself, and the restaurants' terms and conditions may also apply.Registration with Worklivery
To use Worklivery's services, the company concerned must add its employees to the Worklivery platform with their names and email addresses. Each employee receives an individual account to participate in company orders and pay for their orders separately.Tax-free meal allowances for companies
Worklivery enables companies to provide their employees with a tax-free meal allowance credited to their balance on the platform. Companies determine the amount of the allowance, which is added to each employee's balance.
Companies are responsible for ensuring that the credited amounts do not exceed the statutory limits for tax-free meal allowances. Worklivery accepts no liability for compliance with these requirements and recommends that companies consult a tax adviser in good time if they have questions about allowance amounts. By crediting an allowance, companies confirm that they comply with the applicable statutory provisions.Conclusion of the contract and liability
By clicking “Order and pay now”, a contract is concluded between the customer and the relevant restaurant. Worklivery sends the customer an electronic confirmation immediately after receiving the order. The customer must provide correct and complete contact and address details. Worklivery accepts no responsibility or liability for the restaurant information provided or the content of the offering. Customers with food allergies are advised to ask the restaurant about allergens before ordering.Cancellations
The offering consists of perishable goods, and the customer is not entitled to terminate the contract. Cancellation of an order with the restaurant is possible only if the restaurant expressly permits it. Worklivery reserves the right to terminate contracts or cancel orders if the customer breaches the contractual terms or there are reasonable doubts about the accuracy or authenticity of the order or contact information.Customer complaints
For complaints concerning the offering or performance of the contract, the customer must contact Worklivery directly. Under Article 6 of these Terms and Conditions, a full or partial refund is possible only if the order cannot be delivered in full or in part. Refunds are issued as credit to the Worklivery account of the end consumer whose order was affected. Processing takes a maximum of 15 working days.Balance management and payment processing
Users can top up their Worklivery account balance for use when ordering. The balance can only be used within the platform and cannot be converted into cash. Worklivery processes users' payments and transfers them to the relevant food service providers on a monthly basis.No liability for food services
Worklivery is not liable for the fulfilment of orders or for disputes between users and food service providers. The contract for the provision of services is concluded exclusively between the user and the relevant food service provider.No payment service provider licence
Worklivery is not registered as a payment service provider within the meaning of the Austrian Payment Services Act (ZaDiG). The services provided by Worklivery do not fall within the provisions of the ZaDiG, as Worklivery acts solely as an intermediary.Incorrect delivery
If a problem is identified after an order is received, such as an incorrect delivery or defective goods, the customer should contact customer support immediately through the in-app support chat. Worklivery may request photographic evidence or additional information to investigate the issue. If the order does not meet the agreed standards, appropriate compensation measures will be taken.Complaints about Worklivery's service
Customer complaints about Worklivery's service may be submitted through the contact form, by email or by post to the address specified in Article 3. Worklivery will respond as soon as possible.Withdrawal
The right to withdraw from an order does not apply to orders for perishable goods or goods unsuitable for return for hygiene reasons. A right of withdrawal applies to the part of an order not covered by these exclusions, provided the users are consumers within the meaning of § 1(1)(2) of the Austrian Consumer Protection Act (KSchG).Liability
Unless otherwise stated, Worklivery accepts no liability for acts or omissions of the restaurants or the customer in relation to the provision of the goods ordered. Liability for ordinary negligence is limited to essential contractual obligations, while liability for personal injury or damage to health remains in place even in cases of ordinary negligence.Indemnification by users
By using the platform, the user undertakes to indemnify Worklivery and its representatives against all third-party claims, liability claims, damages and costs arising from unlawful use of the platform or a breach of these terms.Intellectual property
All logos, trademarks and content on the platform are the intellectual property of Worklivery or third parties. Use without express permission is prohibited.Laws and rights
Use of the Worklivery platform must not breach applicable regulations or laws.Governing law and jurisdiction
These terms are governed by Austrian law. The exclusive place of jurisdiction for disputes is Vienna, Austria. This does not apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG).Contract language
The language of the contract is German.Severability
If any provision of these Terms and Conditions is invalid, the remaining provisions remain valid. Both parties undertake to agree on a replacement provision that most closely reflects the economic effect of the invalid provision.
Terms and Conditions for Restaurant Partners
Last updated: 1 January 2025
Preamble
These Terms and Conditions (the “Terms”) govern the contractual relationship between Worklivery GmbH, Huemerstraße 23, 4020 Linz (“Worklivery”), and the restaurant partners registered on the Worklivery platform (the “Restaurant” or “Partner”).
1. Definitions
Platform: The websites, mobile applications and related tools operated by Worklivery through which customers can place orders.
Customer: A natural or legal person who places an order with a restaurant through the platform.
Offering: The food, drinks and other goods presented by the Restaurant on the platform.
Order: A customer's binding offer to purchase the goods they have selected from the Restaurant's offering.
Contract: The legally binding agreement for the purchase and delivery or collection of goods, concluded exclusively between the customer and the Restaurant.
2. Subject matter of the contract and Worklivery's role
2.1. Worklivery operates the platform as a technical intermediary. Worklivery's service enables the Restaurant to present its offering and conclude contracts with customers through the platform. 2.2. Worklivery acts as a messenger and intermediary in concluding these contracts in the name and on behalf of the Restaurant. Worklivery is at no time a party to the contract concluded between the Restaurant and the customer. 2.3. The Restaurant acknowledges that Worklivery also represents other restaurants that may compete directly with the Partner.
3. Conclusion of the contract with the customer
3.1. Presentation of the offering on the platform does not constitute a legally binding offer by the Restaurant, but an invitation to the customer to place an order (invitatio ad offerendum). 3.2. By clicking “Order and pay now”, the customer submits a binding offer to conclude a contract. 3.3. The Restaurant may accept this offer within ten (10) minutes through the application provided by Worklivery, for example by clicking “Accept order”. The contract between the Restaurant and the customer is concluded when the Restaurant accepts the order. 3.4. If the Restaurant rejects the order or does not accept it within this period, the customer's offer is deemed rejected. The customer is then no longer bound by their declaration of intent. 3.5. The Restaurant must accept orders during its stated opening hours. Rejection is permitted only in justified exceptional cases, particularly insufficient capacity, technical faults or unforeseen circumstances that significantly affect business operations. 3.6. Order processing and customer communication are primarily automated through the platform.
4. Obligations of the Restaurant
4.1. Keeping information up to date: The Restaurant alone is responsible for the accuracy, completeness and currency of all information provided on the platform. This includes in particular: * Menus and product descriptions. * Prices, including all taxes and charges. * Information about allergens and additives as required by law, for example the EU Food Information Regulation. * Opening and delivery times. * Restrictions on operations, such as holidays or closing days. Changes must be reported to Worklivery immediately. 4.2. Quality and performance of the contract: The Restaurant undertakes to prepare and provide all accepted orders with due care, in accordance with the highest quality standards and all applicable statutory provisions, particularly food hygiene and safety regulations. 4.3. Price parity: The Restaurant warrants that the prices of goods offered on the platform are no higher than the prices of the same goods when ordered directly from the Restaurant, for example on the premises or through its own website. 4.4. Compliance with laws: The Restaurant warrants that it holds all licences, permits and registrations required to operate its business and sell its goods, and that it will maintain them throughout the term of the contract. This includes, in particular, compliance with youth protection rules when selling alcohol. 4.5. Technical equipment: The Restaurant is responsible for keeping the technical equipment needed to accept and manage orders, such as a tablet and internet connection, operational. Loan equipment provided by Worklivery must be handled with care and returned when the contract ends.
5. Prices, commission and payment processing
5.1. All prices stated on the platform are gross prices and include statutory VAT. 5.2. For successfully arranging a contract through the platform, Worklivery receives a commission from the Restaurant amounting to 12% of the gross order value. 5.3. Customer payments are processed through Worklivery's balance system. Worklivery deducts the order value from the customer's balance. 5.4. Worklivery settles revenue monthly. The amount due to the Restaurant, total revenue less the agreed commission, is transferred monthly to the bank account specified by the Restaurant. Stripe Connect is used for payment processing.
6. Cancellations
6.1. As the goods offered are highly perishable, the customer's statutory right of withdrawal is excluded under § 18 of the Austrian Distance and Off-Premises Contracts Act (FAGG). 6.2. Once the Restaurant has accepted an order, the customer may cancel it only with the Restaurant's express consent. 6.3. If the Restaurant must cancel an accepted order, for example because an ingredient is unavailable, it must inform the customer immediately and offer a reasonable alternative. If the customer does not accept the alternative, the order is cancelled free of charge. The Restaurant receives no payment in this case. 6.4. In the event of repeated cancellations by the Restaurant, Worklivery reserves the right to suspend or terminate the contract with the Restaurant.
7. Liability
7.1. As an intermediary only, Worklivery is not responsible for performance of the contract between the Restaurant and the customer. In particular, Worklivery is not liable for the quality of goods, the accuracy of restaurant information, including allergen labelling, or damage caused by the Restaurant's food services. 7.2. To the extent permitted by law, Worklivery's liability to the Restaurant is limited to intent and gross negligence. This limitation does not apply to loss of life, personal injury or damage to health. Liability for lost profits, consequential damage or data loss is excluded. 7.3. Worklivery is not liable for platform outages or disruptions caused by force majeure or technical problems beyond Worklivery's control, such as server outages at hosting providers or power failures. 7.4. Indemnification: The Restaurant indemnifies Worklivery against all third-party claims, including customer claims, arising from a breach of the Restaurant's obligations under this contract or from the provision of its food services. This also includes the costs of a reasonable legal defence.
8. Data protection
8.1. To process an order, Worklivery transmits the customer's personal data, first name, surname, order details and company address, to the Restaurant. 8.2. On receiving these data, the Restaurant becomes an independent data controller within the meaning of the GDPR. 8.3. The Restaurant undertakes to treat these data as strictly confidential, use them exclusively to perform the contract and not disclose them to unauthorised third parties. 8.4. The Restaurant must comply with all applicable data protection laws, particularly the GDPR, and implement appropriate technical and organisational measures to protect customer data. The data must be properly deleted after the statutory retention periods expire, particularly the seven-year period under § 132 BAO and §§ 190, 212 UGB.
8.5. In the event of a personal data breach affecting customer data, the Restaurant must inform Worklivery immediately.
9. Marketing and intellectual property
9.1. The Restaurant grants Worklivery the royalty-free, non-exclusive right to use the Restaurant's name, logo and other content provided, such as photographs, for marketing and advertising on the platform and through other channels, such as social media and search engine marketing. 9.2. The Restaurant must not publish or commission misleading or fabricated customer reviews of its own restaurant. Worklivery reserves the right to remove reviews that breach applicable law or its own guidelines.
10. Term and termination
10.1. The contract is concluded for an indefinite period. 10.2. The Restaurant may terminate the contract at any time by emailing office@worklivery.at. Termination takes effect after two (2) working days' notice. The Restaurant must properly fulfil all orders received before termination takes effect. 10.3. Worklivery may terminate the contract without cause at any time by giving 14 days' notice. 10.4. Both parties retain the right to terminate for good cause without notice. Good cause for Worklivery includes, in particular, repeated contractual breaches, grossly negligent conduct, adverse effects on Worklivery's reputation or the opening of insolvency proceedings concerning the Restaurant's assets.
11. Final provisions
11.1. Worklivery reserves the right to amend these Terms. The Restaurant will be informed by email of proposed changes at least 14 days before they take effect. If the Restaurant does not object in writing within this period, the new Terms are deemed accepted. 11.2. This contract is governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. 11.3. The exclusive place of jurisdiction for all disputes arising from this contractual relationship is the court with subject-matter jurisdiction in Vienna, Austria. 11.4. If any provision of these Terms is or becomes wholly or partly invalid, the remaining provisions remain valid. The invalid provision must be replaced by a valid provision that most closely reflects its economic purpose. 11.5. There are no oral collateral agreements. Amendments or additions to this contract must be made in writing.