Terms and conditions of electronic services within the EasyCatering Application
§1. Definitions1. Application - EasyCatering web service, with which EasyCatering provides the Service.
2. EasyCatering - Dineo Sp. z o.o., based in Warsaw, at ul. Przyczółkowa 334, 02-962 Warsaw, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw. Warsaw, 13th Commercial Division of the National Court Register under number 609508, NIP 9512409607, share capital of PLN 10,000.00, operating in relation to the Client as a Partner agent.
3. Commercial Information - Any information intended to directly or indirectly promote the goods, services or image of EasyCatering or the Partner, excluding information that enables communication by electronic means with a specific person and information about goods and services not resulting in the commercial effect desired by the entity, which commissioned its dissemination, in particular without remuneration or other benefits from manufacturers, sellers and service providers.
4. Customer - a natural person who has full legal capacity, a legal person or an organizational unit without legal personality who uses the Services.
5. Partner - Every owner of a restaurant or catering company with whom EasyCatering has an agency agreement.
6. Regulations - these regulations.
7. Mobile Devices - Portable devices through which Customer uses or can use the Application.
8. Services - all services provided electronically through the Application through EasyCatering for Clients, ie informing Clients about the offer of the Partner, arranging for ordering in the given Food and Beverage Partner, as well as delivering this order as well as creating a Client Account and managing it.
§2. General provisions
1. The Regulations specify:
a) the rights and obligations of EasyCatering, the Customer and the Partner related to the provision of the Services,
b) the rules for the exclusion of EasyCatering liability for the provision of the Services, and
3. All Services are subject to these Regulations, excluding services subject to separate regulations. EasyCatering determines in the Application what types of services are provided based on separate regulations.
4. Customer is obligated to read the Terms and Conditions before using the Services. Starting to use Non-Registered Services is tantamount to the Terms and Conditions. In the case of Services requiring registration, registration in the Application is equivalent to the Regulations.
2. Registration may also take place using Facebook provided by Facebook Ireland Ltd. or another entity that administers the web site www.facebook.com. If, within Facebook, the person making the registration submits all the will statements necessary for the Facebook Service Provider to provide the data required to establish the account and accept the wording of the Terms and Conditions, and such statements, together with the information required to establish the account, will be made available to EasyCatering.
3. By submitting the account registration form, the customer declares that:
a) the data given therein are complete and consistent with the actual situation,
(b) is entitled to conclude a contract for the provision of services by electronic means,
c) the data provided does not infringe any third-party rights, and
d) has read the Terms and Conditions and undertakes to abide by them.
§4. Customer Account1. After receiving a properly completed registration form, EasyCatering will create a unique account for the Client under the name selected by the Client, subject to the names already registered in the system.
2. EasyCatering may refuse to create an account with a name if it is already used within the Application.
3. The customer accesses the account with a unique ID and password. The Client is under no obligation to disclose to any third party the identifier or password and is solely responsible for any damages resulting from such disclosure.
4. EasyCatering has the right to block a Client account, and to block access to the Application, in the following cases:
a) in the case of a customer ordering a fictitious or a false, or by using false data, unauthorized use of another person's data,
b) in case of violation by the Client of the provisions of the Regulations,
c) In the absence of funds for execution of the order in the account connected with the Customer's electronic payment,
d) if EasyCatering has legitimate, reliable information that the name of the Client's account is against the law, good morals, infringes on the personal rights of third parties or the legitimate interests of EasyCatering.
2. In the event of deletion or blocking of the Client's account, EasyCatering reserves the right to cease providing the Services to the Client.
§5. Terms of Service - general provisions
1. EasyCatering enables Customer to:
1) acquaintance with the Partner's offer through the Application,
2) execution of the order of meals and beverages from the Partner, which consists of the purchase agreement through EasyCatering Partner and
3) payment for the order at the time of submission.
2. The Parties to the contracts concluded through the Application are the Client and:
1) in the scope of information about the offer selected by the Client and the order of dishes and drinks from Partner - Partner, while EasyCatering acts as an intermediary between these parties.
3. From receipt of the confirmation of the order to the selected Partner, the Partner is solely responsible for the correct implementation of the contract. EasyCatering or Partner are not responsible for failure to complete the order due to incomplete or incorrect data provided in the order form.
4. Cancellation or change by the Client of the order after it has been submitted and accepted by EasyCatering is possible provided that you send the e-mail address email@example.com to 48h working days before the order. Refunds will be made within 14 business days. Otherwise there is no possibility of resignation, nor is it possible to return the funds.
§ 6. Terms of Service – Ordering
1. EasyCatering makes every effort to ensure that the information presented in the Application for each Partner is up-to-date and does so by promptly updating the Partner's offerings in accordance with the information they submit. Also, the order fulfillment time is not a binding offer from EasyCatering or the Partner, but only a rough estimate of the estimated time of order fulfillment.
2. Before submitting the final order, the Application will present to the Customer the final total price to be paid, including the price of meals and beverages and any additional costs eg the delivery price of the order. Once the order has been placed, the total price to be paid will not change unless the Customer expressly agrees to such an order, for example a change of order.
3. The order is deemed to have been filed successfully when EasyCatering receives the payment, which EasyCatering will notify Customer. In case of problems with payment, the order will not be fulfilled and the customer will be informed immediately.
§ 7. Terms of Service - delivery of the order
1. The Partner is solely responsible to Customer for fulfilling the order or informing him of the prolonged delivery time. Delivery time is the approximate time of delivery. EasyCatering is a Partner of a Partner eligible to receive electronic payments on behalf of the Partner.
§ 8. Terms of Service - payment for order
1. The Customer may pay for the order only through the PayU S.A. electronic payment system provided in the Application. among others payment card, wire transfer, traditional transfer .. EasyCatering reserves the right to different payment systems for a given region or period.
2. It is not possible to make a payment outside of the Application, ie, a non-electronic payment through the Application, and any suggestions, samples, or offers outside of the Application should be reported to EasyCatering.
3. All prices quoted in the Application are gross, ie include the applicable VAT (goods and services tax).
4. Electronic payments may only be made by persons authorized to use the instrument on which the payment is made, in particular a payment card, which can only be used by the authorized holder. EasyCatering cases of fraud will be reported directly to the appropriate law enforcement agencies.
5. Electronic payments through the Application are made by external operators depending on the method of payment chosen by the Customer.
6. Payment for the order by electronic payment is considered made at the time of acceptance of the transaction in the external operator system and the transfer of this information
§9. Technical requirements for the provision of the Service
The technical requirements required to work with the IT system used by EasyCatering are as follows:
Mobile device compatible with the current Application and Internet access, or compatible PC with the Application and Internet access, and
Possessing and providing an email address to send information about order fulfillment.
EasyCatering may require the latest updates on your Mobile Device. Until the appropriate system update is made, EasyCatering is not responsible for any improper application behavior and allows it to be suspended.
The promotional code grants the customer additional benefits when placing an order through the Application. These additional benefits may take different forms, depending on the type of promotional code. but not limited to: the percentage discount or the amount of the total order, a discount in proportion to the cost of delivery, a discount for a particular partner, etc. The type of promotional code is always provided by EasyCatering when issuing this code.
To use the promotional code, you must provide it at the time the order is made by the Application and you will receive a discount for it. If the amount shown in the Application is equal to or less than the amount due to the Customer for a discount, then such order is treated as a 1 PLN gross, while the unused portion of the discounted Customer is lost. Any payment of the Promotional Code equivalent in cash or in other forms is not possible.
Promotional codes only apply to orders made by the Application. The promotional code should be entered when ordering the application in the designated place and before the final acceptance of the order. The code is valid only when it is validated by the Application.
Promotional codes may be one-time or multiple-use. A one-time code can only be used once during the code validity period. The reusable code can be used, during the code lifetime, as many times as you use the code. For reusable codes, the customer must enter the same code before each separate order, for example, if the code entitles to a two-order discount, it must be entered either before the first or before the second order, because if the customer does not enter the code with the second order This order will be fully paid - in this case the code is still valid, but it must be entered at the next order.
Unused Promotional Code at the end of validity term expires.
When placing an order, the customer may use only one promotional code. Further Promotional Codes Customer can only use a new order.
Promotional codes that have been lost or stolen can not be used, and code rescission is also prohibited.
If you become suspicious of unauthorized use of the Promotional Code or breach of these Terms and Conditions, EasyCatering is entitled to temporarily or permanently block Customer's account and refuse access to the Services through the Application. In the event of such a situation, the Customer shall not have any claim for unused Promotional Codes.
§11. Rights and obligations EasyCatering and Client
EasyCatering is committed to providing continuous and uninterrupted service during selected Partner hours.
EasyCatering reserves the right to:
interruption of service provision due to maintenance or modification of the Application;
sending technical messages related to the functioning of the Services to the Customers' e-mail addresses;
Blocking access to Customer resources containing pornographic, erotic, illegal or unlawful software, or other illegal content, good practices or legitimate business interests of EasyCatering or the Partner, if reliable, legitimate information is provided;
cease providing the Services and delete the Client's account in case of non-observance of the Regulations or if the effective provision of services is impossible due to Customer's fault.
It is forbidden to provide unlawful content to Customer and to use Customer's Services in a manner that is unlawful, improper, or in violation of the legitimate interests of EasyCatering.
It is forbidden to download the contents of databases made available in the Application and to reuse them in whole or in part.
EasyCatering reserves the right to remove all messages and materials contained in the Application under copyright protection. The customer is entitled to use them only for authorized personal use. EasyCatering does not permit the copying, reproduction, modification, dissemination of the Internet and other forms of use of the materials and messages contained in the Application, except for use in authorized use.
The Client is obliged to protect the login and password of his Client's account in the Application against the unauthorized access.
If you experience food allergies or other foodborne illnesses, you should seek information from your allergist directly on your food allergen if your life experience indicates that a food or beverage may contain hazardous allergens.
To the customer, in accordance with Art. 38 points. 4 of the Act - Consumer Rights, there is no right to withdraw from the order.
EasyCatering is also not responsible for:
any damages caused to third parties, resulting from the use of the Services by Customers in a manner contrary to the Regulations or the provisions of law;
information and material downloaded and sent over the Internet by Clients but not from EasyCatering;
loss of data due to external factors (eg software failure) or other circumstances beyond EasyCatering (third party action, force majeure);
damages resulting from lack of continuity of delivery of the Services resulting from, for example, suspension or removal of the Client's account in violation of the Terms;
providing inaccurate or incomplete information to customers when registering their account or using the Services;
Failure to comply with the Terms and Conditions.
for any damages resulting from your use of the Application by the Customer in a manner that is unlawful or in violation of the Terms and Conditions, for the disclosure of passwords to the account, the disclosure of personal data;
loss of means of payment for reasons of third parties;
For errors presented in the Application description of the Partner's offers, these errors were caused by the act or omission of the Partner, among others. by failing to inform EasyCatering of the full composition of the food, changing the offer, existing or potential allergens in the foods and beverages offered by the Partner or providing information on the offer that is not in accordance with the actual situation.
When delivery address is wrong or inaccurate.
EasyCatering is not responsible for the operation of the servers hosting Customer's mailboxes, especially for the blocking of mail servers sent by EasyCatering to Clients.
The Client should not allow third parties access to the Services and Applications. Only the Customer is responsible for the confidentiality, security, transactions made on their profile, and is required to immediately inform EasyCatering of unauthorized use of its profile in the Application by third parties.
EasyCatering is not responsible for mistakes made by the customer when ordering. After paying and placing an order for technical reasons, it is not possible to cancel the order.
EasyCatering is not responsible for the non-compliance of the order by the Partner. For these nonconformities and resulting consequences, the sole responsibility of the Partner.
EasyCatering is not a party to the order and is not responsible for the order processing process.
§13. Complaint procedure
The customer has the right to submit EasyCatering complaints about Services.
Complaints about Services are dealt with by EasyCatering.
A properly submitted EasyCatering Service claim should be sent from the Customer's email address given when setting up an Application and should include at least the following:
marking the customer (login);
the name of the Partner to whom the advertised order was placed;
number and date of the order;
subject of complaint;
circumstances justifying the complaint.
Complaints sent from another e-mail address than those provided at the time of registration of the customer's complaint or failure to provide the above information will not be considered.
Complaints should be sent to: support@EasyCatering.com by typing in the subject line "Complaints"
EasyCatering will make sure that complaints are processed within 14 business days of receiving them. Your decision will be notified immediately by email, to the e-mail address given in the complaint.
In cases of execution or lack of execution of orders, the Client is entitled to submit complaints directly to the Partners.
§14. Duration and termination of the contract
This Agreement is concluded for an indefinite period of time. It is valid from the time the Customer's account is activated by EasyCatering and may be terminated at any time by the Customer through a written statement, by e-mail to firstname.lastname@example.org or, if available, via the Application, Delete account.
The right to terminate the contract without delay for important reasons remains unaffected. EasyCatering can terminate the agreement without delay, especially in cases where Customer:
has intentionally entered false data in the assessment,
provided false or incomplete data at registration, or
has repeatedly violated other contractual obligations and even upon demand EasyCatering has not ceased to neglect these obligations.
If the agreement is terminated by EasyCatering, the Customer has no right to register a new account, either under another name or another name.
§15. Final Provisions
EasyCatering reserves the right to unilaterally amend the Terms and Conditions at any time without giving reasons. The main duties that must be met by the parties to the Rules will not be affected by these changes.
If any provision of the Terms (or any part thereof) is held by a court or other qualified authority to be invalid, unenforceable or unlawful, the remaining provisions will remain in effect and shall be deemed binding and binding. A provision deemed to be invalid, unenforceable or unlawful will be replaced by another provision that best suits the economic and economic purpose of using the Services and the Application.
In the event of non-acceptance of the revised Terms and Conditions, the Customer has the right to terminate this Agreement with EasyCatering immediately upon receipt of the amendment to the Terms. If, despite the information about the amendment of the Terms and Conditions, it will use the Application, it is assumed that it has accepted the amended Terms and Conditions.
EasyCatering reserves the right to suspend the provision of the Services and to immediately block access to the Application in the event of a breach by the Customer of the Terms.
You may transfer your rights and obligations under this agreement only with the written consent of EasyCatering.
In matters not regulated in the Regulations, the provisions of the Act on the provision of services by electronic means, the Law on the protection of personal data, the Civil Code and other applicable Polish law.