Conditions of Use of the HNGRY App
The HNGRY app is a shopping list app that allows you, the user, to organise your shopping better. With the ability to create, edit and share your own shopping lists with other HNGRY app users, the HNGRY app helps you to plan your groceries anytime.
I. Scope of these Conditions of Use
The following Conditions of Use apply between you as User of the HNGRY app and ourselves, Liebherr Hausgeräte GmbH, Memminger Strasse 77-79, 88416 Ochsenhausen, as supplier of the HNGRY app.
The use of the HNGRY app is permitted solely on the basis of these Conditions of Use. By using 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 can use the functions of the HNGRY app with a guest login or as a registered user via HNGRY login or social login, for example with your Facebook account, Google account or Apple account.
The information provided during registration must be complete and correct. In the case of registration via social login, you assure that the data required for registration with Liebherr is complete and correct for the user account used by you for social login (e.g. Facebook account, Google account or Apple account).
Use of the HNGRY app is only permitted for users who have reached the age of 18.
You have no right to use the HNGRY app. In particular, we are entitled to refuse individual registrations without giving reasons.
III. Functions and offers of the HNGRY app
The HNGRY app offers you the possibility to plan your grocery shopping intelligently and sustainably with the help of a shopping list and a stock list.
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/functions/.
From time to time, we offer exclusive discount vouchers in the HNGRY app, which can be redeemed in the Liebherr web shop at http://home.liebherr.com/ or via a link stored in the HNGRY app when purchasing Liebherr products. The period during which a discount voucher can be redeemed, as well as further conditions for the redemption of the discount voucher, can be found in the respective promotion conditions made available in the HNGRY app. Discount vouchers are only valid for product prices and cannot be redeemed for shipping or return costs. Discount vouchers are non-transferable and cannot be redeemed for cash. It is not possible to combine a discount voucher with other promotional vouchers. Discount vouchers will not be refunded if products paid for in full or in part with the discount voucher are returned under the statutory right of cancellation.
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
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 will be able to transfer photos and other information to the HNGRY app (e.g. shopping list entries such as products or groceries, stock list entries, quantities, units, notes and photos).
You are responsible for ensuring that the photos and other information you transfer to the HNGRY app do not infringe any third-party rights (e.g. copyrights, data protection rights). In particular, you undertake not to enter 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, create your own product or leave a note about a product.
You agree to transmit to the HNGRY App only images of food and product images that do not contain personal data (e.g. name tags on food containers or images of people) or sensitive personal images (e.g. medicines).
Personal data is data that relates to an identified or identifiable natural person, such as your first and last name.
If you do not remove the photos you have transferred to the HNGRY app by means of the delete function in the HNGRY app within 24 hours of transferring these photos to the HNGRY app, by transferring these photos to the HNGRY app you grant us a non-exclusive, irrevocable right of use to these photos, which is limited to 6 months, unlimited in terms of space and content, transferable to third parties and free of charge.
We are entitled to use, edit and reproduce the photos you have transmitted in the HNGRY app incl. additional functions, whether these are against payment or free of charge, and to combine your data with other content for the purpose of making offers for us and to exploit the result accordingly.
You expressly warrant that the photos or data entered by you in the HNGRY app do not infringe any third-party rights whatsoever and do not contain any illegal content. You indemnify Liebherr against all claims by third parties arising from a breach of the aforementioned warranty and obligation.
We may provide updates to the free HNGRY app features at any time. Usually, updates include security updates that are necessary for the safe operation of the free HNGRY app features. However, updates may also result in changes to features. It is your responsibility to perform all updates.
With regard to chargeable additional functions of the HNGRY app, the legal regulations on update obligations apply. We will inform you in good time about the provision of such updates, as well as about the legal consequences of an installation not carried out within a reasonable time.
We are entitled to carry out security updates, regardless of the settings of your terminal device, in order to protect you from unauthorised access and malfunctions. In the aforementioned case, we will inform you after carrying out such a measure.
VII. Liability for defects (warranty)
We do not provide any warranty for material defects or defects of title for the free HNGRY app functions, except in cases in which the provider has fraudulently concealed the respective material defect or defect of title.
The legal regulations apply to the chargeable additional functions.
VIII. 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.
IX. 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.
X. 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.
1. Liability for the free HNGRY app functions
Liebherr’s liability for the free HNGRY app functions is limited to intent and gross negligence. Liability is excluded in all other respects.
2. Liability for chargeable additional functions
Liebherr’s liability for chargeable additional functions of the HNGRY-App is limited to damage caused by an intentional or grossly negligent breach of duty by Liebherr or a legal representative or vicarious agent of Liebherr. In the aforementioned case Liebherr shall be liable without limitation. Furthermore, Liebherr shall be liable for damage caused by breaches of material obligations caused by simple negligence, but only for the foreseeable damage typical for the contract.
Material obligations are obligations whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the user regularly relies.
Liebherr shall not be liable for any slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the products and in the event of fraudulently concealed defects.
Liability under the Product Liability Act remains unaffected.
To the extent that Liebherr’s liability is excluded or limited, this shall also apply to the personal liability of Liebherr’s employees, representatives and vicarious agents.
XII. 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/en/privacy/
XIII. 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.
XIV. Online dispute resolution platform, dispute resolution procedure, complaints
The European Commission provides a platform for online dispute resolution (OS). The platform can be reached at http://ec.europa.eu/consumers/odr/. Liebherr’s email address is firstname.lastname@example.org. . Liebherr is not obligated or willing to participate in a dispute resolution procedure pursuant to the Consumer Dispute Resolution Act (VSBG).
Complaints, grievances, questions and remarks can be asserted or submitted under the contact details stated in the imprint.
XV. 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).
As of: September 2021