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Terms and Conditions



General Terms and Conditions for Come & Save




§ 1 General


(1) The website/app of the provider EMIKA - FZCO (hereinafter: Come & Save) offers a platform for discounts to end customers (hereinafter: End Customer).

(2) Operators of businesses such as restaurants (hereinafter: Service Providers) have the opportunity to have discounts on their offers and services mediated through Come & Save. The Service Provider can transmit various discount levels to Come & Save, which are displayed to the End Customer in an app.

(3) The use of the website/app is completely free for the End Customer. Registration is required to use the full functionality. Service Providers pay a commission to Come & Save, as detailed in § 6. Come & Save reserves the right to reject Service Providers without giving reasons.

(4) Come & Save acts solely as an intermediary between the End Customer and the Service Provider. Any contract for a service taken by the End Customer is exclusively between the End Customer and the Service Provider.

(5) Come & Save is not obligated to successfully mediate.

(6) The Service Provider assures to be an entrepreneur. A consumer is one insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership that acts in the conclusion of the contract in the exercise of their commercial or independent professional activity.

(7) Gender-specific differentiation is waived in the terms and other legal texts for the sake of readability. Corresponding terms apply equally to all genders for the purpose of equal treatment.


§ 2 Conclusion of Contract between Come & Save and Service Provider


(1) The contract between Come & Save and the Service Provider is concluded by completing the registration process. The Service Provider must agree to the AGB of Come & Save.

(2) The conclusion of the contract is documented in compliance with data protection regulations and is in English.


§ 3 Use of the Website/App


(1) Come & Save does not guarantee compatibility of the website/app with all devices. There is no entitlement to updates for the app, but Come & Save strives to keep the app up-to-date.

(2) The use of the website/app must not be abusive.

(3) Come & Save reserves the right to restrict or expand the functions of the app and website.

(4) Come & Save does not guarantee that the app or the website is free of viruses or other content that may have a harmful effect on technology.

(5) Come & Save reserves the right to exclude End Customers/Service Providers from use if a violation of the AGB or other important reason exists.


§ 4 Obligations of the End Customer


(1) The End Customer assures that the data entered or transmitted by them is truthful and does not violate the rights of third parties.

(2) If the content transmitted by the End Customer violates the rights of third parties, e.g., copyright, competition law, or trust protection, Come & Save is indemnified by the End Customer from any claims by third parties. This indemnification includes claims for damages, injunction, and information, as well as the necessary costs of legal defense.

(3) The parties shall promptly notify each other if third parties assert infringements of intellectual property rights or other claims in the context of the contractual relationship between Come & Save and the End Customer.

(4) The End Customer agrees to the transmission of their data to the selected Service Providers. Service Providers may also operate internationally and be located in the European or non-European Union. The End Customer agrees that their personal data may also be transferred to Service Providers outside the EU.


§ 5 Rights and Obligations of the Service Provider


(1) The Service Provider is solely responsible for the content and offers transmitted by them.

(2) If the content transmitted by the Service Provider violates the rights of third parties, e.g., from copyright, competition law, or trust protection, Come & Save is indemnified by the Service Provider from any claims by third parties. This indemnification includes claims for damages, injunction, and information, as well as the necessary costs of legal defense.

(3) The parties shall promptly notify each other if third parties assert infringements of intellectual property rights or other claims in the context of the contractual relationship between Come & Save and the Service Provider.

(4) The Service Provider undertakes to keep the data transmitted by them correct and up-to-date and to report changes to Come & Save immediately.

(5) The Service Provider must design their offers at customary prices. This is generally done inclusive of the contractually agreed commission.

(6) By transmitting content to Come & Save, the Service Provider grants Come & Save the free, unlimited, irrevocable, and non-exclusive right to use this information (in whole or in part), including its content (such as images), worldwide, to reproduce, modify, adapt, publish, translate, edit, distribute, perform, display, and/or incorporate the information into other works (portals) of Come & Save, media, or technologies until the end/expiry of the advertisement, regardless of whether they are currently known or are developed in the future, in any form.

(7) The Service Provider undertakes not to circumvent Come & Save in the mediation to avoid commission claims. In this case, Come & Save reserves the right to block the Service Provider and claim damages.

(8) The Service Provider undertakes to comply with the legal regulations in relation to the End Customer.

(9) The Service Provider undertakes to grant the advertised discounts to the End Customer.

(10) The Service Provider may decide whether discounts displayed through Come & Save can be combined with other discounts.

(11) If discounts are not intended for specific products or services, this must be communicated in advance.

(12) The Service Provider is entitled to change discount rates via their account at any time. In relation to the End Customer, a discount may not be reduced after the End Customer has entered, but granting a higher discount is permissible.

(13) The house rights of the Service Provider remain unaffected by the above provisions.


§ 6 Commission from Come & Save


(1) The Service Provider owes Come & Save a commission for a successful End Customer mediation.

(2) Mediation is considered successful if the End Customer has taken a service from the Service Provider. Bypass transactions to avoid the commission are not permitted and do not waive the commission claim.

(3) Regarding the amount of the commission, reference is made to the price table that the Service Provider receives from Come & Save and must accept during registration.

(4) The settlement of the commission takes place monthly. Come & Save issues an invoice to the Service Provider. The invoice is due for payment within a period of 7 working days, unless otherwise stated on the invoice.

(5) If the maturity of the payment is determined according to the calendar, the Service Provider is already in default by missing the deadline. In this case, the Service Provider has to pay default interest to Come & Save at a rate of 9 percentage points above the base rate for the year.

(6) The Service Provider's obligation to pay default interest does not exclude the assertion of further default damages by Come & Save.

(7) Offset against Come & Save is only permitted if the counterclaims are legally established, undisputed, or acknowledged by Come & Save. The Service Provider may only exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.

(8) Come & Save reserves the right to withdraw from the contract if the Service Provider does not pay the invoice amount even after receiving a reminder. Come & Save is entitled to demand a reasonable reminder fee of AED 10.00. The Service Provider is free to prove that Come & Save has actually suffered less damage.


§ 6a Free Trial Period for Service Providers


(1) In deviation from § 6, the Service Provider does not pay a commission in the first full billing month (example: Service Provider registers on August 15, so they receive the current month of August and the full month of September for free).

(2) In the event of termination of the contract initiated by the Service Provider, the current month is not invoiced to the Service Provider (example: Service Provider terminates on July 21, so the entire month of July is not charged).

(3) These regulations must not be abused by re-registering after termination. Come & Save reserves the right to block such Service Providers. The free trial period according to paragraph 1 is only granted once.


§ 6b Duration, Termination


(1) The contract between Come & Save and the Service Provider is for an indefinite period and can be terminated at any time at the end of the month.

(2) Extraordinary termination for good cause remains unaffected.

(3) The termination requires the text form (email is sufficient) to be effective. The receipt of the termination declaration is decisive for the timing of the termination.


§ 7 Liability


(1) Claims of the End Customer and Service Provider for damages against Come & Save are excluded. This does not apply to claims for damages by the End Customer and Service Provider due to the violation of life, body, health, or the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Come & Save, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, Come & Save is only liable for the typically foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the End Customer or Service Provider from a violation of life, body, or health.

(3) Liability for lost profit is excluded for entrepreneurs.

(4) Come & Save is not liable, in particular, if the website/app becomes unreachable without its fault.

(5) Come & Save is not liable for the accuracy and availability of the services of the Service Providers offered.

(6) When using the offers of the Service Providers displayed on the website/app, Come & Save does not become a contracting party of the End Customer who takes such a service from the Service Provider. The contract is concluded between the End Customer and the Service Provider. No liability is assumed for the behavior of the Service Providers or their agents.

(7) The Service Provider is responsible for checking the displayed discount levels themselves. Errors are at the expense of the Service Provider.

(8) The limitations of paragraphs 1 to 7 also apply in favor of the legal representatives and vicarious agents of Come & Save if claims are asserted directly against them.


§ 8 Data Protection


(1) The End Customer/Service Provider agrees to the storage of personal data within the scope of the business relationship with Come & Save, in compliance with data protection laws, especially the BDSG and GDPR. Data will not be passed on to third parties, except for the Service Providers selected by Come & Save, unless consent is given or this is necessary for the execution of the mediation.

(2) The End Customer/Service Provider assures that, when transmitting personal data of third parties, they have obtained the consent of the third party and indemnifies Come & Save from any claims in this regard.

(3) The rights of the data subject from data processing result in particular from the following provisions of the GDPR:

- Article 7 (3) – Right to withdraw consent to data processing
- Article 15 – Right of access by the data subject, right to confirmation, and provision of a copy of the personal data
- Article 16 – Right to rectification
- Article 17 – Right to erasure ("right to be forgotten")
- Article 18 – Right to restriction of processing
- Article 20 – Right to data portability
- Article 21 – Right to object
- Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
- Article 77 – Right to lodge a complaint with a supervisory authority

(4) To exercise the rights, the data subject is requested to contact Come & Save by email or the competent supervisory authority in the event of a complaint.

(5) The privacy policy on the Come & Save website and app is pointed out.


§ 9 Dispute Resolution


(1) The EU platform for out-of-court online dispute resolution can be reached at the following internet address: [https://ec.europa.eu/consumers/odr/](https://ec.europa.eu/consumers/odr/)

(2) Come & Save is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.


§ 10 Scope of the Terms and Conditions


By submitting the registration form, the Service Provider agrees to the applicable General Terms and Conditions. The End Customer agrees to the terms and conditions by using the app/website.


§ 11 Severability Clause


Should a provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the General Terms and Conditions as a whole. In place of the invalid provision, a provision shall apply that comes as close as possible to the will of the parties within the legal framework. The same applies in the event of a regulatory gap.


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Last updated: January 2024