Terms and Conditions of Use of “LEVELS”
1. Scope of Application, Definitions of Terms
1.1 These Terms and Conditions of Use of LEVELS GmbH, Leopoldstraße 180, 80804 Munich, (hereinafter referred to as “Provider”) apply to the use by a consumer or an entrepreneur (hereinafter referred to as “User”) of the app by the name of “LEVELS” (hereinafter referred to as “LEVELS”) supplied by the Provider via the Apple App Store (hereinafter referred to as “App Store”). In the absence of any other agreement, the inclusion of any terms and conditions of the User is hereby rejected.
1.2 These Terms and Conditions of Use apply accordingly to the use of the online service supplied via the website of the Provider under www.levels.one, unless expressly stipulated otherwise.
1.3 In addition to these Terms and Conditions of Use, additional special terms (licence terms) of the respective App Store operator can apply in respect of the use of the app. If the terms and conditions of the App Store operator in respect of the use of the app should contradict the present Terms and Conditions, only the present Terms and Conditions will apply. In all other cases, the terms and conditions of the App Store operator apply by way of a supplement to these Terms and Conditions.
1.4 A “consumer”, in the context of these Terms and Conditions of Use, is defined as any natural person who enters into a legal transaction which, to an overwhelming extent, cannot be attributed to either their commercial or independent professional activities.
1.5 An “entrepreneur”, in the context of these Terms and Conditions of Use, is a natural person or a legal entity or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their trade or freelance profession.
2. Performance of the Provider
2.1 With LEVELS, the Provider supplies the User with an app for mobile devices that can be used to create and retrieve software profiles made available by the Provider and also to make contact with other users of the portal. The functionality and technical specifications of the app are described in more detail in the service description in the App Store and on the website under www.levels.one. In addition, registered users can make use of special services not covered by the basic scope of the app for an extra charge. In order to book such services, the LEVELS GTCs for booking additional services also apply.
2.2 The Provider accepts no liability for ensuring that the data connection between the IT system of the User and the server of the Provider is established and maintained.
2.3 LEVELS is offered subject to availability. An availability of 100% is technically impossible to achieve and cannot therefore be assured by the Provider for the User. The Provider shall however strive to maintain as constant an availability of the service as possible. Maintenance, security, or capacity issues and events that are not in the sphere of influence of the Provider (disruptions to public communication networks, power failures, etc.) in particular may lead to faults or to the temporary suspension of the service. The Provider shall, where possible, carry out maintenance work during low-usage times.
2.4 The app software is updated at irregular intervals by the Provider. The User is accordingly granted a right of use only of the current version of the app at any given time. The User is not however entitled to demand that a particular status of the app be brought about.
3. Changes to Performance
3.1 The Provider reserves the right to make changes to the services offered or to offer services that differ from the original ones, unless it would be unreasonable to expect the User to accept them.
3.2 The Provider also reserves the right to make changes to the services offered or to offer services that differ from the original ones:
3.3 Changes with only a negligible impact on the functions of the online service do not represent changes to performance within the meaning of this paragraph. This particularly applies to changes of a purely graphic nature and changes merely to the arrangement of functions.
4.1 The User can register for LEVELS by providing their personal details. Registration takes the form of the creation of a user account that the User can set up via the app or via the website of the Provider under www.levels.one.
4.2 Natural persons not of unrestricted legal capacity (minors in particular) may only use LEVELS with the consent of their legal representative. In such cases, the Provider reserves the right to make the use of LEVELS dependent on the submission of a written declaration of consent by the legal representative.
4.3 Each User can only set up one user account for LEVELS. Their authorisation to use LEVELS applies only to them and cannot be transferred.
4.4 The details requested during registration must be correct and provided in full by the User. The User is required to ensure that these details (including mobile numbers and email addresses) are always up to date. In principle, the details provided shall not be checked by the Provider for accuracy and completeness.
5. Conclusion of Contract
5.1 A licence agreement for the use of LEVELS is concluded between the User and the Provider when the User installs the app on their mobile device or activates a user account via the website of the Provider under www.levels.one.
5.2 The text of the contract is stored by the Provider; it is however no longer available to the User following their contractual declaration.
5.3 Prior to their contractual declaration, the User always has the option of correcting their entries using the usual keyboard functions of their mobile device.
5.4 Contracts are concluded only in German.
6. Obligations of User, Responsibility for Contents
Each User is solely responsible for the content of the information that they place on LEVELS, with particular reference to the truth and legal soundness thereof. The User shall ensure that the details specified by them are truthful. The User shall ensure that the content uploaded by them does not violate these Terms and Conditions of Use or the applicable law. In particular, publication of the following is prohibited:
6.2 The content posted on LEVELS is to be attributed exclusively to the User in question and does not represent the views of the Provider. The Provider accepts no liability for the correctness of the content posted by the User. Each User is solely responsible for critically checking the veracity of content.
6.3 The User is liable to the extent to which they are responsible for all activities carried out with their access details.
6.4 The User may not use LEVELS in a way that negatively affects the availability of the service (e.g. upload of large files, spam). The Provider reserves the right to restrict the data volume for uploads in order to ensure the availability of the service. The Provider shall give notification of a restriction to data uploads in the respective service description, if applicable.
6.5 The User declares and takes responsibility for ensuring that they are authorised to use the content used in their entries. The User shall, in particular, ensure that their entries do not violate the rights of third parties, with particular reference to copyrights, trademark rights, personal rights, and rights that relate to competition law.
6.6 The User is responsible for maintaining confidentiality with regard to their access details. They shall ensure that these details cannot be accessed by third parties. The User shall promptly notify the Provider if there is evidence to suggest that their access details are being or have been used by third parties.
7. Rights of the Provider
7.1 If the User should act in violation of statutory regulations or these Terms and Conditions of Use or if the Provider should have concrete evidence that the User has done so, the Provider is entitled without prior notice and further examination:
The action that the Provider takes depends on the individual case and is at the reasonable discretion of the Provider.
7.2 If a User is blocked, they may no longer use LEVELS and may not re-register for the use thereof.
7.3 The Provider expressly reserves the right to take legal action in the event of a breach by the User of statutory regulations or these Terms and Conditions of Use.
8. Granting of Rights of Use by the Provider
8.1 The Provider grants the User a simple, non-transferable right of use of LEVELS for private purposes, limited in duration to the term of the contract, within the framework of these Terms and Conditions of Use.
8.2 Commercial exploitation of the app is not permitted.
8.3 The User is not granted a right of adaptation. This forbids, in particular, modifications to the software as part of an attempt at reverse engineering.
8.4 The User may not make LEVELS accessible to third parties unless this is urgently required to implement the purpose of use of the app. The User shall ensure that they do not offer third parties an opportunity to bypass the access requirements for LEVELS.
8.5 If the User should violate the agreement concerning rights of use so egregiously that, taking into account the interests of both sides, it would not be reasonable to expect the Provider to continue the contractual relationship, the Provider may terminate the granting of rights of use without prior notice and permanently disable access to LEVELS.
8.6 Other statutory and contractual provisions are unaffected.
9. Granting of Rights of Use by the User
The Provider shall be entitled to use the content and information provided for LEVELS by users or to allow this information to be used by third parties. The User grants the Provider free of charge, non-exclusive rights of use required for this purpose, restricted to the term of the licence agreement, in particular the right of long-term retention and storage and the right to make data publicly available, the right of reproduction and publication, the right to edit and distribute, and affirms that they are
Use of LEVELS is free of charge, unless stipulated otherwise in the operator’s service description. To avail of fee-based additional services, the LEVELS GTCs for booking additional services also apply.
The Provider is liable to the User for all contractual, quasi-contractual, and legal claims, including tortious claims, for damages and reimbursement of expenses as follows:
11.1 The Provider is liable without limitation for any legal reason:
11.2 If the Provider should negligently violate an essential contractual obligation, the Provider’s liability is, unless it is limited pursuant to the preceding paragraph, limited to the foreseeable damage typical of this kind of contract. Essential contractual obligations are defined as obligations imposed on the Provider by the content of the contract for the achievement of the contractual purpose, without the fulfilment of which the proper execution of the contract would be impossible and on the fulfilment of which the User should in all normal circumstances be able to rely.
11.3 Liability of the Provider is excluded in all other instances.
11.4 The preceding liability regulations apply also with regard to the liability of the Provider for the Provider’s vicarious agents and legal representatives.
11.5 Liability on the part of the Provider is excluded for data loss caused by technically induced breakdowns, interrupted data transfers, or other problems and damage in this context for which the Provider is not responsible. The Provider is not liable for damage brought about by the disruption of the Provider’s business operation or the operation of the Provider’s app as a result of force majeure, riot, war, and natural disasters or as a result of other incidents for which the Provider is not responsible (such as strike, lock-out, traffic disruption, orders of public authorities either domestic or foreign) or that is attributable to technical problems for which the Provider is not culpably responsible. The same applies if these disruptions occur to the operations of third parties commissioned by the Provider.
12. Term, Termination
12.1 The contract for the use of LEVELS is concluded for an indefinite period and can be terminated by either party at any time without observing any notice period or without specifying any reason with immediate effect.
12.2 The right to extraordinary termination for cause remains unaffected. Cause will exist for the terminating party if, considering all the circumstances of the individual case and weighing the interests of both parties, it would be unreasonable to expect the contractual relationship to continue until the agreed termination date or until the expiry of a notice period. In particular, termination for cause includes a significant violation of key provisions of these Terms and Conditions of Use that is not rectified or is repeatedly committed even after the setting of a deadline and that makes the continuation of the contractual relationship impossible or unreasonable.
12.3 In the event of a legitimate extraordinary termination of the licence agreement by the Provider, the User may no longer use LEVELS.
12.4 Terminations can be given in writing (e.g. email) or by simply uninstalling the app from all user devices by the User.
12.5 If the licence agreement is terminated, the User will lose access to their user account upon termination of the contract. The obligation of the Provider to store the data provided will expire upon termination of the contract.
13. Changes to the Terms and Conditions of Use
13.1 The Provider reserves the right to change these Terms and Conditions of Use without specifying a reason, unless this is deemed unreasonable to the User. The Provider shall inform the User about changes to the Terms and Conditions of Use in writing and in good time. The changed Terms and Conditions of Use shall be regarded as accepted by the User unless they object to their applicability within a period of four weeks after notification. The Provider shall instruct the user about their right to object and the relevance of the period for submitting an objection in this notification. If the User objects to the changes within the specified period, then the contractual relationship shall continue on the same terms as before.
13.2 The Provider reserves the right to change these Terms and Conditions of Use:
13.3 The right of termination of the User in accordance with paragraph 12 remains unaffected.
14. Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties. In the case of consumers, this choice of law applies only insofar as the protection provided is not revoked by mandatory provisions of law of the state in which the consumer habitually resides.
15. Place of Jurisdiction
If the User is a merchant, a legal entity under public law, or a special fund under public law based within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Provider’s registered office. If the User is based outside of the territory of the Federal Republic of Germany, the registered office of the Provider shall be the exclusive place of jurisdiction for all disputes arising from this contract where the contract or any claims arising from the contract may be attributed to the vocational or commercial activity of the User. However, in the above cases, the Provider shall be entitled in any case to bring the matter before the court at the registered office of the User.
16. Alternative Dispute Resolution
16.1 The EU Commission has established an Internet platform for online dispute resolution available via the following link: http://ec.europa.eu/consumers/odr
This platform is a point of entry for out-of-court resolutions relating to disputes arising from online sales contracts or online service contracts in which a consumer is involved.
16.2 The Provider is neither obliged nor prepared to participate in a dispute settlement procedure in front of a consumer arbitration board.
Terms and Conditions: LEVELS MEMBERSHIP AND EXPENDITURES
These Terms and Conditions are effective immediately upon Member registration either via the LEVELS website (Levels.one), or via the LEVELS mobile app.
1. Membership Categorically Defined
LEVELS utilizes an IT platform (The LEVELS Kiosk function) which allows Members to make restaurant reservations as well as other service requests and provide spending limits before accepting service from LEVELS’ affiliated fine dining establishments and other luxury lifestyle service providers (hereinafter referred to as the LEVELS “Trading Partners” or “Trading Partner”). Based on the categorization of 11 consecutive annual, private, and discretionary spending levels, LEVELS Members are able to, through their expenditures, rise through the levels and receive increasingly valuable incentives and benefits affiliated with each level attained. Through a complimentary concierge service, LEVELS Members may also receive assistance with bookings and various other lifestyle expenditure requirements.
2. Member Registration and Information
The LEVELS Member must fill in the correct information requested in the registration form on both the LEVELS website Levels.one, or via the LEVELS mobile app. Member may, in addition to other information, be required to provide credit card information, mobile phone number, username and password during the Member Registration process. Member shall be responsible and liable for: a) all use of the site made available through the submission of the Member credit card information, mobile phone number, username and password, and b) maintaining the confidentiality of the data provided. LEVELS does not share Member basic registration information or credit card information with third parties. LEVELS stores all required information for registration in a secure, encrypted environment.
3. Use of the Kiosk Function
Requested information including but not limited to, credit card information, mobile phone number, username and password is required to provide the LEVELS Member with access to the Kiosk function which allows the Member to reserve tables at select fine dining locations while also setting a spending limit and determining gratuity, in advance of the meal. The LEVELS member has the sole discretion to set the initial spending limit as well as any additional spending limits required for additional services through the Kiosk function. For Member reservations made 72 hours or less in advance of the date service is requested, that Member’s credit card will be immediately blocked in the amount established by the Member’s setting of the spending limit. For reservations made greater than 72 hours in advance of the date the service is requested, that Member’s credit card will not be blocked until 72 hours prior to the date the service is requested and will be in the amount established by the Member’s setting of the spending limit. The LEVELS Member will receive a scanned and uploaded image of the receipt for services fully rendered, directly to their mobile device.
The LEVELS member has 24 hours, from time of receiving the receipt for services from the Trading Partner, to dispute the charge or question inaccuracies therein. The Kiosk function allows the member to dispute the following: 1) overcharges; 2) incorrect receipt; 3) poor service requiring removal of gratuity. During this period of time, all disputes, inquiries, and discrepancies are to be raised directly between the LEVELS member and the Trading Partner. The Member releases LEVELS from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected to this dispute period. If a dispute remains after the 24-hour period expires, LEVELS guarantees payment to the Trading Partner up and equal to, the total amount of spending limit(s) set by the Member. LEVELS reserves the legal right to obtain full reimbursement from the Member for these amounts up and equal to, the Member-approved spending limit(s).
5. Use of Member “Profile”
The LEVELS Kiosk provides Trading Partners with Member profiles at the time a Member makes a reservation. The profile, including a digital image provided to LEVELS by the Member at the time the Member joins the LEVELS service, includes but is not limited to, the Member’s favorite foods and beverages, as well as categories of service preferences the Member has developed through use of the Kiosk over time. By providing the Trading Partner with this data, the Trading Partner can best customize service to meet the needs of the Member. This data usage is restricted only to the Trading Partner and LEVELS and is not intended to be used or actually used for marketing or other purposes with any other parties.
6. LEVELS Ownership of Mobile Application
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the LEVELS mobile and web-based apps belong to LEVELS of North America, Inc. and its parent company, LEVELS GmbH and Co. KG. LEVELS and its parent company reserve all rights to the content and online services provided to the end-user Member. Nothing in the Terms and Conditions grants the end-user Member a license to use any trademark, design right, or copy right unless otherwise expressly provided herein.
7. Disclaimer of Warranties
LEVELS does not guarantee, represent or warrant that member use of the Kiosk service will be uninterrupted or error-free. Member agrees that from time to time, LEVELS may remove the Kiosk service for indefinite periods of time as required for maintenance, software updates, or routine modifications. Such interruption may occur with notice to Member. The Kiosk service is provided to the Member “as is” and “as available” for Member use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply in all cases.