Conditions of Use of the HNGRY App
I. Scope of these Conditions of Use
The following Conditions of Use apply between you as User of the HNGRY app (hereinafter referred to as “you” or “User”) and ourselves, Liebherr Hausgeräte GmbH, Memminger Strasse 77-79, 88416 Ochsenhausen, as supplier of the HNGRY app (hereinafter referred to as “we” or “Liebherr”).
The use of the HNGRY app is permitted solely on the basis of these Conditions of Use. By registering the HUNGRY app you declare that you agree with the application of these Conditions of Use. Upon the Use of the HNGRY app these Conditions of Use will come into effect between the User and Liebherr.
II. Registration as User or via guest login
You have to use HNGRY with a guest login or register yourself via the HNGRY login or social login, such as with your Facebook account, Google account or Apple account, in order to be able to use the functions of the HNGRY app.
The information supplied in the scope of registration must be complete and accurate. You thereby affirm that the data from the user account that you use for social login (such as Facebook account, Google account or Apple account) and required to register with Liebherr are complete and accurate.
Registration is permitted only for users who have completed the eighteenth year of their life.
You have no entitlement to use the HNGRY app. We have a specific right to reject individual registrations without stating any grounds.
III. Functions of the HNGRY app
The HNGRY app provides you with the opportunity to plan the purchase of your foodstuffs intelligently and sustainably, with the help of a shopping list and a list of items in stock.
You can find the exact functionality of the different versions of the HNGRY app on the current list of functions according to the changelog on the HNGRY website, which can be found at https://iamhngry.com/updates/.
We retain the right at any time without stating our grounds to alter or temporarily or permanently disable the functions of the HNGRY app.
IV. Availability and cost of the HNGRY app
The availability of the HNGRY app depends on a functioning data connection between Liebherr, the User and the functioning of all systems concerned. Consequently, there always exists a possibility that the HNGRY app is temporarily unavailable. The User does not have a right to uninterrupted availability of the HNGRY app. Liebherr retains the right to interrupt to an extent usual in the market the availability of the HNGRY app for maintenance and improvement purposes. We will endeavour to carry out maintenance and improvement measures outside the usual business hours.
The use of the basic functions of HNGRY app is free of charge for the User. Additional functions can be activated by the User in the HNGRY app for a fee.
V. Rights and duties of the User
The User undertakes to install without delay the updates that Liebherr makes available such that the reliability and the mode of operation of the HNGRY app are not jeopardized.
In case of a HNGRY login and social login the use of the HNGRY app is granted solely to the registered User. You may not pass on your access data, in particular your password, to third parties, not even to family members or colleagues. You are duty bound at all times to keep the access data, in particular your password, secret and to prevent unauthorized use of the HNGRY app by third parties.
Should you become aware of improper use of your access data, or should you merely have a suspicion of such a case, you are duty bound immediately to inform Liebherr accordingly. In the case of improper use or suspected improper use Liebherr is entitled to disable the access to the HNGRY app. You will be liable for all consequences of use by third parties, insofar as you are responsible for the improper use of the access data. In particular, you will be responsible for the improper use even if you have enabled merely through negligence the improper use of the access data. The liability will not cease until you have informed Liebherr After Sales Service by email (firstname.lastname@example.org) about the improper use and if necessary have changed your password.
You undertake not to store any personal data in the free text fields of the HNGRY app. You will find free text fields for example when you name a shopping list, install one of your own products or leave a note about a product. Personal data are data that refer to an identified or identifiable natural person, such as your first or last name.
The HNGRY-App enables the User to create pictures of food and product images by using the camera of their mobile device, which afterwards can be presented in the HNGRY-App.
The User undertakes to take only food and product images while using the HNGRY-App. The User undertakes not to take any personal images (e.g. nametags on food containers or images of people) or sensitive personal images (e.g. medication) while using the app.
The User explicitly assures that the image recordings made by him do not violate any third-party rights and do not contain any illegal content. The user will indemnify Liebherr from all claims of third parties that arise from a breach of the abovementioned warranty and obligation.
VI. Copyright, marking rights and other intellectual property
The retrievable contents of the HNGRY app (text, data, pictures, logos, graphics, documentation, sound, video and other representations) are governed by copyright and other laws serving to protect intellectual property. Without Liebherr’s express prior consent, the contents may not be duplicated, distributed, stored in other media (for example, other websites) or altered. Printing or storage of single pages or documents is permitted for personal use only.
VII. Withdrawal of right to access
In case of a HNGRY login and social login, we reserve the right temporarily or permanently should you infringe these Conditions of Use, in particular by
- false representation when or after registering and/or
- unauthorized transmission or disclosure of the access data, in particular of the password,
to block your access data and/or definitively to withdraw your access to the HNGRY app with immediate effect or within a period at our discretion and/or to cancel the Contract of Use in exceptional cases without notice. After such a case, the User may not re-register without our prior express consent.
VIII. Term and termination of the Contract of Use
The Contract of Use will incept with the usage of the HNGRY app and remain in effect for an indeterminate period. You and Liebherr are each entitled at any time to terminate this Contract of Use by proper cancellation without giving notice. Moreover, both parties retain the right to cancel in exceptional cases for good cause. Cancellation shall be in the written form, i.e. at least by email. Cancellation may be sent to email@example.com.
Compensation claims by the User for loss of any kind are excluded. This does not apply to claims for compensation relating to injury to life, limb, health or the infringement of substantive contractual duties or the liability for other losses due to the intentional or grossly negligent infringement of duties by Liebherr or the latter’s legal representatives or vicarious agents. Substantive contractual duties are those the fulfilment of which actually renders the proper performance of the contract possible and on the fulfilment of which the User may rely. In the case of infringement of substantive contractual duties, Liebherr shall be liable for the typical contractual foreseeable loss, if such loss was caused by simple negligence, unless it concerns at the same time claims for compensation due to injury to life, limb, or health. The afore-mentioned restrictions shall also apply to infringements of duty by the vicarious agents and legal representatives of Liebherr, provided the claims are raised directly against such vicarious agents and legal representatives.
X. Data protection
The protection and security of your personal data is of the utmost importance to us. You will find all information about the processing of your data in connection with the use of the HNGRY app in the data protection declaration for the HNGRY app [https://iamhngry.com/datenschutz/]
XI. Changes to the Conditions of Use
We retain the right to change individual clauses in these Conditions of Use with effect for the future and without stating the grounds, insofar as this takes Liebherr’s interests into consideration and the User can reasonably be expected to accept the changes. Liebherr will inform you in good time about any changes to the Conditions of Use. Provided you do not object to the change to the Conditions of Use within six weeks of the effective date of the changed Conditions of Use, the changed Conditions of Use shall be deemed accepted. If you object to the changes, should it not be possible or reasonable to abide by the contractual relationship while the previous Conditions of Use continue to apply, we will be entitled considering your interests to cancel the Contract of Use.
XII. Miscellaneous provisions
The law of the Federal Republic of Germany shall apply however excluding the rules on the UN Sales Convention (CISG).
Should the User be a businessperson or should the User have no permanent residence in Germany, the exclusive place of jurisdiction for legal disputes arising out of or in connection with this Contract shall be Liebherr’s registered office. Under the same preconditions, the place of performance for all rights and duties arising out of the contractual relationship with the User shall be Liebherr’s registered office.
Moreover, should the User be a consumer the imperative provisions governing consumer protection shall apply that apply in the country in which the User has his customary residence, insofar as such provisions afford the User broader protection.
Should individual provisions of these Conditions of Use be or become ineffective or unenforceable, this will not affect the effectiveness of the remaining provisions. Ineffective or unenforceable provisions shall be replaced by way of the supplementary interpretation of the Contract by those effective and enforceable provisions that taking the interests of both parties into account are most likely to reach the desired commercial purpose. Gaps in these Conditions of Use shall be filled similarly. The above shall not apply if the User is a consumer in the sense of § 13, German Civil Code (BGB).
Status: September 2021