for users of Chef Mate mobile app
Definitions used in the Regulations:
- Operator – means HAS GROUP Sp. zoo, 00-140 Warsaw Al. Solidarności 115/2
- Mobile application – means a mobile application which is owned by the Operator and can be downloaded for mobile devices, used to service the offered service
- Services – means a service for Chef Mate Users and a service for Chef Mate Pro Restaurateur
- Chef Mate Pro – means the service provided by electronic means, which enables the Restaurateurs to add restaurants or food outlets to the Mobile Application, presenting through it the offered menu, as well as providing a preview of the Opinions and Ratings issued by the Users
- Account – means an activated account for a User or a Restaurateur to use the Services,
- Opinion – means the opinion about a meal or a dish expressed by the User in the form of a short text
- Rate – means the user’s numerical evaluation of a meal or a dish on a scale of 1-10
- User – means a physic person at the age of at least 13, using the Chef Mate service via the Mobile Application, while the use of services by Users aged 13-18 is possible with the consent of a legal guardian.
- Restaurateur – means a natural person, an organizational unit without a legal personality or a legal person running a business activity involving the provision of catering services using the Chef Mate Pro service through the Mobile Application
- Contract – means a contract for the provision of electronic services on the basis of which the Operator provides services to Users or Restaurateurs.
- Subscription – paid access to the Mobile Application
- General provisions
- These Regulations define the rules for Users to use the Mobile Application and use the Services through the Mobile Application.
- A prerequisite for the conclusion of the Agreement is acceptance of these Regulations.
III. Conditions for concluding and terminating the Agreement
- The Operator provides Services in accordance with these Regulations and the Act on the provision of electronic services.
- The contract for the provision of electronic services is concluded for an indefinite time period.
- The condition for using the Services is to register an individual Account, provide the required data and accept these Regulations.
- In order to register a User Account it is necessary to provide: nickname and e-mail address. The user can optionally provide information about his preferences as to the dishes, type of kitchen, price range.
- In order to register a Restaurateur Account, it is necessary to provide: (restaurant name, address, and e-mail address.) The user can optionally provide information about the contact number.
- The User has the right to terminate the Agreement at any time. The notice of termination submitted by the User should be submitted via e-mail, the message should be sent from the address provided in the User’s Account. The date of submission of the notice of termination shall be the date of receipt of the e-mail containing the termination notice.
- The Restaurateur has the right to terminate the Agreement with a one-month notice. The notice of termination submitted by the Restaurateurs should be submitted via e-mail, the message should be sent from the address provided in the Restaurateur’s Account. The date of submission of the notice of termination shall be the date of receipt of the e-mail containing the termination notice.
- The termination of the Agreement results in the deletion of the User’s account or the Restorer’s account, but this does not remove the content provided so far in the form of Reviews and Grading.
- Data transmission costs are required to download, install, run and use the Mobile Application are covered by its Users or Restaurateurs independently on the basis of agreements concluded with telecommunications operators or other Internet provider. The Operator is not responsible for the amount of fees charged for the use of data transmission necessary to use the Mobile Application.
IV Technical requirements for using the Mobile Application
- To use the Mobile Application, it is necessary to have:
- The access to a mobile device with iOS 8 or newer or Android 9 or higher installed.
- The access to the AppStore or Google Play and download the Mobile Application
- The access to an Internet connection and an active GPS service.
- All activities undertaken by the User or Restaurateurs as part of the Services offered should be in accordance with applicable law and good practices.
- It is forbidden to put unlawful content in the User’s Comments, in particular:
- violating the provisions of generally applicable law,
- violating the rights of third parties,
- offending feelings of other people, including religious feelings, depicting violence or materials about racist and Nazi-related subjects,
- content commonly considered vulgar and offensive,
- content harassing or violating the reputation of third parties,
- content containing the image of people who did not express their consent for the distribution of their image,
- The Operator reserves the right to remove content inconsistent with the above rules.
- The User may not have more than one Account.
- The User or Restaurateur can not impersonate other entities.
- The User and the Restaurateur are not allowed to use the Accounts of other Users or the Restaurateur and share their Account with other entities.
- The User declares that he/she accepts the fact that by adding the Rating or Opinion their content will have the character of public content available to other Users and Restaurateurs.
- The User has the right to send his/her Opinion directly to the Restaurateur.
- When the GPS location is turned on, the Mobile Application indicates the User points located near the Use, which provide catering services.
- The restaurateur has the right to send promotional offers to the Users.
- Unless otherwise stated, the promotional offer expires after its completion or expiry of the period indicated in the offer. The offer is not transferable to another entity. It is also not exchanged for cash.
- The terms and conditions of the promotional offer are set by the Restaurateur, and the Operator has no influence on their implementation and is not responsible for the terms of the promotional offer set by the Restaurateur.
VI Complaint proceedings
- The Operator makes all efforts to ensure the proper functioning of the Mobile Application in technical, formal and legal terms.
- The Operator is not responsible for the content placed in the Mobile Application by its Users or Restaurateurs.
- In the case of the third party’s claims regarding the unlawful violation of its rights by the User or the Restaurateur, he is obliged to take all factual and legal actions necessary to remove the consequences of infringements.
- Complaints about irregularities in the performance of the Contract or the functioning of the Mobile Application may be submitted via e-mail or via traditional mail to the Operator’s data as indicated above.
- Each complaint should contain an indication of the nickname, e-mail address and a description of the reservations.
- The complaint will be considered by the Operator within 14 days from the date of receipt.
VII. Terms of payment
- The use of services by the User is free of charge.
- The use of the services for the restaurateur is payable on the terms of the subscription, with the exception of the first promotional 30 days of using the mobile application (promotional period).
- The purchase of the Subscription is possible within the Restaurateur Account, using the order form available as part of the Mobile Application – for this purpose you must complete the next steps of the order form and make a payment.
- In the event of the expiry of the subscription period, the Restaurateur may purchase the Subscription for subsequent periods in the same way as the first time.
- If the Restaurateur cancels the purchased subscription, he will not receive a refund for the current billing period, but may use the subscribed content until the end of the billing period, i.e. until the end of the month.
- The operator provides the Restaurateur with the following payment methods by subscription depending on the system of the device on which the Mobile Application is installed:
- in the case of the Mobile Application downloaded from the AppStore for mobile devices with the iOS system – payment via the Restaurateur chosen by the Restaurateur in the individual Apple Account of the payment method.
- in the case of the mobile application downloaded from Google Play for Android mobile devices – electronic payments and card payments via Paylane.pl – current payment methods are available on the website http://www.Paylane.pl. Settlements for transactions by electronic payments and payment cards are carried out via the Paylane.pl service. Electronic payments and payment cards are managed by PayLane sp. Z o.o. with headquarters in Gdańsk at ul. Arkońska 6 / A3, postal code: 80-387, National Court Register Number: 0000227278.
- If the Restaurateur fails to pay the Subscription, the Operator may terminate the Agreement with immediate effect and block the Restaurateur Account.
- AppStore and Google Play are mutually exclusive, which means that a purchase made on one source can not be realized or transferred to a device supported by another operating system.
IX Final Provisions
- The Operator reserves the right to temporarily cease or limit the Services provided to carry out the necessary maintenance work.
- The Operator reserves the right to permanently discontinue the Services by applying the monthly notice period.
- The Operator reserves the right to change these Regulations in case of significant reasons according to the Operator, in particular the need to adapt the regulations to the law, clarify the conditions, and change the internal policy. If the changes are not accepted, the User or Restaurateur is obliged to cease using the Mobile Application and the Services provided.
- The law applicable to the contract between the User and the Operator is Polish law.
- All disputes arising from the Agreement will be resolved by the competent common courts.
- In the case of disputes arising from the Agreement regarding a civil matter case between entrepreneurs in the scope of their business activity, even if any of the parties have ceased to conduct business, the competent court will be the competent court for the seat of the Operator.
- The mobile application and all materials and information contained therein presented as part of the Content Application, as well as logos, graphic elements and trademarks – except for the Users’ opinions – are the sole property of the Operator or Restoration and are protected by law.
- The Regulations are available directly in the Mobile Application as well as on the Operator’s website.
- In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act of 18 July 2002 on the provision of electronic services and the Act of 30 May 2014 on Consumer Rights.
- These Regulations shall apply from 25/05/2018
- The processing of personal data by the Operator is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / WE (“RODO”)
- The Operator is the administrator of personal data.
- Personal data will be processed in order to implement the Agreement (Article 6 paragraph 1 letter b) of the GDPR, and optionally based on the User’s consent (Article 6 paragraph 1 point a. RODO)
- The personal data necessary for the implementation of the Agreement is for the User: nickname and e-mail address, in the case of the Restaurateur: the name of the restaurant, e-mail address, address of the activity, contact telephone number.
- Optionally, the User may indicate to the Administrator personal data regarding preferences regarding dishes, kitchen type, price range and GPS locations.
- Providing data indicated as necessary to perform the contract is necessary for the conclusion and implementation of the Agreement. Providing optional data is completely allowed. However, it limits the functionality of the Mobile Application and makes it impossible to implement some of its functionality.
- Regarding the processing of personal data by the Administrator, the User and the Restaurateur have the right to request access to the content of their data – within the limits of art. 15 RODO, regarding their rectification – within the limits of art. 16 RODO, regarding their removal – within the limits of art. 17 RODO, regarding processing restrictions – within the limits of art. 18 RODO, regarding data transfer – within the limits of art. 20 of the RODO, objecting to the processing of personal data – within the limits of art. 21 RODO. You also have the right to lodge a complaint with the supervisory authority when the processing of personal data by the Administrator violates the rules of the RODO.
- Transaction data, including personal data, may be transferred to PayLane Sp. z o.o. with headquarters in Gdańsk at ul. Arkońska 6 / A3, postal code: 80-387, National Court Register Number: 0000227278. to the extent necessary to handle payment for the order.
- Implementation of your rights may take place by sending a request to the Administrator’s e-mail address.
- The given administrative data may be made available to the necessary extent to the Restorers and other Users as well as the Operator’s IT services.
- Personal data will not be transferred to third countries.
- Personal data will be kept for the duration of the Agreement, and after that time may be stored until the time of possible claims.