Our general terms and conditionsgot to top
General provisions, scope of use.
The NUPP app is a product offered by Oakwood & Son UG (limited liability)
1. We, hereinafter "We/Nupp" offer you as the user various options ("services") by which to familiarise yourself with your daily eating habits and the possibilities with regard to more conscious and mindful nutrition. Our services in this regard can be free of charge, fully or partially subject to charge or financed by advertising. Services that are subject to charge will hereby be explicitly identified as such. Upon active confirmation or upon your registration as a user withNupp you accept our General Terms and Conditions (T&Cs) for the use of ourNupp app.
2. As a general rule, a service can be used on all end devices or platforms supported by Nupp. Limitations, in particular technical limitations, are outlined in the respective offer presentation. If you are accessing the services via the app and have downloaded the app via a third-party app store, then the general terms & conditions and the conditions of use of the respective app store also apply; however, in the case of contradictions, our T&Cs shall take precedence. In the case of the downloading and use of the Nupp app, in particular in third-party networks or when abroad, under certain circumstances the user may incur transmission costs with his Internet access provider.
3. Individual Nupp services may require registration or may be subject to a fee. You hereby warrant that all data you transmit within the scope of a registration process is accurate and complete. The contractual relationship between you as the user and us only enters into force upon activation of the services.
4. Nupp provides an overview of the available services that are subject to charge, their scope, validity periods and charges. The fee to be paid in order to avail of a service that is subject to charge can be found in the respective offer, which will also contain the scope of service and any limitations. Payment of the fee on entitles the user to access those services that are outlined in the offer and are available.
5. Services that are subject to charge
5.1. The individual steps of the purchase of services that are subject to charge can be found in the descriptions within the app or in the third-party app store. Upon placing an order, and in particular upon the pressing of the order button, no contract comes into force, but rather you are deemed to have submitted an offer. After placing the order, you will receive electronic confirmation of its receipt immediately, upon which the offer will be deemed to have been accepted. The contractual relationship between you and Nupp only comes into force upon acceptance of the order. Acceptance may also be implied, in particular by means of the activation of services that are subject to charge.
5.2 Fees are payable for the entire term. The payment systems displayed within the scope of the offer are accepted, and these are generally operated by appropriate service providers. In particular, this may include the payment systems offered by the operators of the respective app store. If, in an individual case, the respective service provider asserts its own general terms & conditions and conditions of use, these shall apply only for the processing of the payment. If necessary, you must set up a user account with the service provider.
5.3 The providers of the respective app store may have influence over the available services that are subject to charge, or their period of validity or the extension thereof. Depending on the respective app store, services that are subject to charge may expire after the end of the agreed term without the need for a cancellation, or alternatively the respective contractual term may be extended by an appropriate period of time or indefinitely. Details can be found in the respective offer or in the terms & conditions of the app store in question. Some app stores offer options to terminate services that are subject to charge, for example via a menu item in the app store itself.
5.4 If fees cannot be collected you will be liable for all incurred costs insofar as you are responsible for the event that results in the costs being incurred. If you do not pay or if payments are reversed, then Nupp is entitled to block access to individual or all Nupp services.
5.5 Nupp may offer users services that are subject to charge for free for a certain period of time. It is at the sole discretion of Nupp to determine which users can take part in a trial offer. Nupp can terminated the provision of a test offer at any time or may change the scope of a trial offer. Nupp may require that you provide your payment details at the beginning of the trial offer. At the end of the trial offer, Nupp may charge fees due for the continued use of the respective service. You will be notified of this within the scope of the offer and must in each case provide your express consent. You are also free to cancel the trial offer up to 14 days prior to the expiration of the trial period. Otherwise the trial offer will convert to a service that is subject to charge.
5.6 We reserve the right to amend our business model at any time and, for example, to only continue to provide certain or all services subject to a fee. We will make the respective fees public. You will then be free to choose to continue use subject to charge, or to terminate use.
Consumer right of revocation
If you are a consumer as defined in § 13 BGB (German Civil Code), then the following right of revocation applies to you. Notification of revocation Right of revocation You have the right to revoke this contract within fourteen days without stating a reason. The revocation period is fourteen days from the day of conclusion of the contract. In order to exercise your right of revocation, you must inform us ( Oakwood & son UG (limited liability), Hafenstraße 1b, 23568 Lübeck, email: email@example.com) by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to revoke this contract. To do so, you can use the sample revocation form provided, although this is not essential. In order to adhere to the revocation period all that is required is that you sent us the notification of your decision to exercise your right of revocation prior to the expiration of the revocation period. Consequences of revocation If you revoke this contract, we must refund to you all payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from your having selected a form of delivery other than the cheapest standard delivery that we offer), immediately and within no more than fourteen days from the day on which we receive notification of the revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees on account of this refund. The right of revocation shall expire in the case of a contract for the provision of services, if the contractor has already provided the service in full and only began fulfilling the service after the consumer had granted his express consent and simultaneously confirmed his knowledge that he would loose his right of revocation in the event of the complete fulfilment of the contract by the contractor. Sample revocation form (If you wish to revoke the contract, then please draft an email with the following content and send it to us.) To Oakwood & Son UG (limited liability) Hafenstraße 1b 23568 Lübeck Email: firstname.lastname@example.org I/we () hereby revoke the contract that I/we () concluded on the purchase of the following goods ()/ the provision of the following service () Ordered on ()/received on () Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only in the case of paper notification) Date (*) Delete as applicable
Rights and obligations of the user
6.1 Nupp and the services available via Nupp are only made available to you for personal and not commercial use. The transfer of a required user account to a third party is therefore prohibited. The user may only use Nupp for his own private purposes or for other purposes to be agreed with Nupp.
6.2 The app is a software program that is protected by copyright. You hereby receive a simple, non-exclusive, non-transferable and revocable right to personal use. You are not entitled to decompile, change or edit the app beyond the extent provided for under law. Furthermore, the leasing, rental or other form of transfer of the app and/or its content is prohibited.
6.3 What's more, the user is not permitted,
6.3.1 to simultaneously use services that are subject to charge on multiple end devices, unless such use is expressly permitted within the scope of the respective offer;
6.3.2 to grant third parties access to or make them aware of the content of the services, e.g. an unspecified group of people, through the use of the services in public areas (e.g. in cinemas, exhibitions, show rooms, hotels, bars, restaurants or other public spaces);
6.3.3 make the login details sent or used for authentication and identification available or forward them to third parties;
6.3.4 to circumvent systems controlling access to services that are subject to charge or take other measures to use services without authorisation;
6.3.5 to post or distribute content via Nupp that is unlawful, misleading, malicious, discriminatory, pornographic, threatening, offensive, obscene, defamatory, ethically questionable, promotes violence, constitutes harassment, is unsuitable for minors, racist, seditious, xenophobic or otherwise abhorrent and/or reprehensible, and uploaded content must also be free from viruses, worms, Trojans or other malicious code that could jeopardise or impair the function of the app;
6.3.6 to remove or obscure copyright notices and/or references to brand or other proprietary rights held by Nupp, associated with Nupp or third-party companies;
6.3.7 to transfer or reassign rights or duties resulting from these T&Cs to third parties.
7. The use of Nupp may be reserved for persons who fulfil certain requirements (e.g. who are of legal age). You are therefore responsible for ensuring that the services are only made available to persons who fulfil these requirements. In particular, the user is obliged to adhere to the valid provisions regarding the protection of minors against unsuitable content.
8. When using the app and its services, you must take into account contractual agreements with third parties, in particular those with the app store operator or your Internet access provider. Data protection Details regarding the protection and use of the data made available by the user by Nupp can be found in our data protection declaration. The data protection declaration forms part of these T&Cs. Liability
9. We advise that any exercises or suggestions that are presented within the scope of the services provided by Nupp are designed for users of average health and who are capable of withstanding average physical and mental stresses and the user makes use of them under his own responsibility. Nupp is therefore only liable for damages that arise on account of grossly negligent or intentional conduct on the part of Nupp or vicarious agents deployed by Nupp. This liability limitation does no apply for damages arising as the result of loss of life, physical injury and/or damage to health, or regarding the violation of obligations, the fulfilment of which enables the use of the services and whereby the user regularly relies on their being adhered to (so-called cardinal obligations); however, in these cases liability is – if possible – limited to the extent of foreseeable damage, typical of the form of use.
10. The user is obliged to indemnify Nupp or vicarious agents of Nupp from all third-party claims, which are brought in conjunction with user violations of their obligations resulting from these T&Cs and/or valid laws, and to cover all reasonable costs incurred by Nupp, including the costs of legal defence, provided the user is responsible for the violations.
Contractual term, termination, refund
11.1. If services that are not subject to charge are the subject of the user contract, the user contract may be cancelled either by us or by the user, within a period of 14 days, by sending an email to email@example.com or to the email address provided by the user during registration.
11.2. We provide services subject to charge with varying terms of validity. Unless otherwise stated in the respective offer, the user contract for the respective services that are subject to charge shall initially run for the stated minimum usage period. The user contract shall then in each case be extended by the duration of the stated minimum usage period, if this is terminated by ourselves or cancelled by the user no more than 14 days prior to the expiration of the minimum usage period/extension period, with effect at the end of the respective period. You can continue to use the services even after cancellation, until the end of the respective period. If purchased via an app store the service subject to charge can be cancelled as described in the subscription management information in the respective app store, or by email to firstname.lastname@example.org; or in the case that we terminate the contract by means of an email sent to the email address provided by the user during registration. The user's right to justified termination remains unaffected by this.
11.3. In particular, one valid reason for the extraordinary termination of the user contract would be if the continuance of the contractual relationship until the expiration of the usual cancellation period were deemed unreasonable, taking into account all circumstances of the individual case and the interests of the user. In particular, we consider a violation of applicable law on the part of the user or a violation of his obligations under the contract to constitute valid reasons. Advance warning is not required.
11.4 In the case of the termination of the user contract by us and a cancellation by the user, the refund of any charges paid in advance is excluded, unless you cancel the contract for a valid reason for which we are responsible.
12.1. We strive to enable the fault-free operation of the Nupp app and to keep it available on as permanent a basis as possible, however, we hereby point out that complete or gapless availability is not technically feasible and therefore provide no guarantee of fault-free operation or any specific degree of availability. In particular, we may restrict access without stating reasons – whether in full or partially, temporarily or permanently. Furthermore, there exists no entitlement to the maintenance of the individual functions of the app. We are entitled to change or remove content, services and functionalities provided within the app at any time, to make new content services and functions available or to shut down the app altogether; this also includes the introduction of a charge for all or specific services or their partial or complete cessation.
12.2. We are entitled to change provisions of the T&Cs that do not result in a significant alteration to or affect the fabric of the contract, at any time and without stating reasons, provided this change does not result in the complete alteration of the fabric of the contract as a whole. Provisions vital to the fabric of the contract include, in particular, regulations affecting the type and scope of the contractually agreed services, the contractual term and the termination of the contract. Furthermore, we are entitled to adjust or supplement these T&Cs insofar as this is necessary in order to rectify difficulties when executing the contract concluded with you, on account of regulatory gaps arising after the conclusion of contract. For example, this may be the case if the jurisprudence of one or more provisions of these T&Cs were to be declared invalid or if a change in legislation were to result in the invalidity of one or more provisions of these T&Cs. The amended provisions will be sent to you in writing or by email at least six prior to their coming into force. The amendments shall be deemed to have been accepted if you do not object to them in text form. Any objection must be received within six weeks of receipt of the notification of the amended provisions. We will specifically draw your attention to the option to object and to the significance of the six-week in the letter of notification of the amended provisions. Should you exercise your right to object, our requested amendment shall be deemed to have been rejected. The contract will then continue to be in force without the proposed amendment. The contractual partners' right to terminate the contract remains unaffected by this.
12.3. We are entitled to transfer rights and obligations resulting from a contract to a third party. We will notify you in writing of the transfer; you shall be afforded an extraordinary right of termination. The termination must be issued to us Nupp, in writing within 14 days of receipt of the notice of transfer.
12.4 Nupp may use advertising, e.g. when starting up the app or service. Such advertising may be directly targeted on the basis of the information you have provided and your use of the services, if permitted by law.
12.5. The use of the app and these T&Cs are subject to the law of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is – if permissible – Lübeck.
12.6. Should individual provisions of these T&Cs be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the valid and enforceable regulation, the effects of which come closest to the economic objective that the contractual parties were pursuing with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the provisions are found to be incomplete. Information regarding online dispute resolution: In the first quarter of 2016, the EU Commission will make available an Internet platform for the online settlement of disputes (the so-called "OS Platform"). The OS Platform is intended to serve as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online purchase contracts. Following its commissioning, which is expected to take place around 15 February 2016, will be accessible via the following link: http://ec.europa.eu/consumers/odr