1.1 These Terms (hereinafter the "Terms") are issued by WMenu (the Foundation for the Development of Entrepreneurship "Twój StartUp"), NIP: 5213641211, with its registered office at 00-503 Warsaw, ul. Żurawia 6/12, lok. 766, entered in the register kept by the District Court for the capital city of Warsaw (hereinafter the "Operator").
1.2 These Terms govern mutual rights and obligations between the Operator, the User and the Partner arising from the operation and use of the WMenu Application, as well as other rights and obligations of Users while using services provided in connection with the WMenu Application, in particular:
mutual rights and obligations between the Operator and the User that arise during access to the WMenu Application and its use, and arising from the use of WMenu Application services and the user account;
mutual rights and obligations concerning purchase agreements negotiated for Products or other agreements (e.g., delivery services) in which the Operator intermediates through the WMenu Application, and these Terms form an integral part of the purchase (or other) agreement concluded between the Partner and the User.
1.3 Unless the context indicates otherwise, the following words and expressions used in these Terms have the following meanings:
1.3.1 "Selection Application" is a technical solution, i.e. a computer program or application named Wybór, the main purpose and function of which is to allow Users to browse, order and purchase Products of the Operator's Partners and to mediate the conclusion of purchase agreements for Products with the Partner or to mediate Delivery.
1.3.2 "Copyright Act" means the Act of 1994 No. 24 item 83 on copyright and related rights, as amended.
1.3.3 "Partner" means a restaurant operator or other enterprise providing catering services, or another partner (entrepreneurial natural or legal person) whose Products are offered and sold through the WMenu Application based on an agency or similar agreement with the Operator.
1.3.4 "Terms" means these terms of use of the WMenu Application.
1.3.5 "Products" are the Partner's products and services offered and sold by the Partner through the WMenu Application to Users for immediate consumption.
1.3.6 "Operator" means the company defined in Article 1.1 of these Terms.
1.3.7 "Civil Code" means the Act of 1964 No. 16 item 93, the Civil Code, as amended.
1.3.8 "User" means a natural or legal person using the WMenu Application services and thereby concluding a purchase agreement with a Partner.
1.3.9 "Consumer Protection Act" means the Act of 2007 No. 50 item 331 on consumer protection, as amended.
1.4 The User declares and expressly confirms that they have carefully read these Terms, fully understand them, agree to them, and undertake to comply with them before using the WMenu Application services. The User further declares and warrants that they are competent to conduct legal proceedings (in particular due to their age) or are represented by their legal representative.
2. BASIC PRINCIPLES OF OPERATION
2.1 The Operator intermediates in offering Partners the sale of Products to Users through the WMenu Application and thus enables the connection of Partners and Users. Through the WMenu Application, the Operator also provides Partners and Users with a place to conclude purchase agreements for Products (or delivery service agreements), including a place to communicate and handle possible complaints.
2.2 The Operator is neither a buyer nor a seller of Products, but only an intermediary in concluding purchase agreements for Products through the WMenu Application; likewise, the Operator only intermediates in concluding delivery service agreements. The sales agreement for Products is concluded solely between the User as the Buyer and the Partner as the Seller, and the Operator is not a party to such agreement. Likewise, the Operator is not a party to the delivery service agreement.
2.3 Responsibility for offering and selling Products and for handling complaints by Users as buyers or resolving other issues arising from purchase agreements concluded between the User as buyer and the Partner as seller rests with the specific Partner as seller with whom the User concluded the agreement. Likewise, the Operator bears no responsibility for courier services. Therefore, the Operator is not responsible for the quality and origin of Products, nor for payment or delivery of Products. The Operator is not liable for any obligations arising from the legal relationship between the Partner as seller and the User as buyer.
2.4 Given that the Operator provides a place to negotiate and conduct transactions between the User and the Partner, the Operator undertakes to provide the User and the Partner with necessary cooperation if their actions can help resolve problems between the User and the Partner in connection with the purchase of Products through the WMenu Application.
2.5 The Operator does not verify and is not responsible for the credibility or reliability of Users or Partners. The Operator is not responsible for the timeliness, accuracy and factual correctness of information published in the WMenu Application.
2.6 The User may access the WMenu Application in several ways, including by scanning a QR code at the Partner's premises or clicking the appropriate button on the Partner's website. If the User accesses the WMenu Application via a QR code of a specific Partner or a button on the Partner's site, the User will see the offer of Products from that specific Partner.
3. REGISTRATION AND USER ACCOUNT
3.1 Based on User registration in the WMenu Application, the User may access their user account and order Products. The User may also order Products without registration.
3.2 If the User creates a user account, they are obliged to provide all required data correctly and truthfully. The User undertakes to keep the data in their user account current and accurate and, in case of changes, to update the changed data without undue delay.
3.3 Access to the user account is secured by a username and password. The User is obliged to keep confidential the information necessary to access their user account and to prevent third parties from accessing their account. To the extent permitted by law, the User undertakes responsibility for any actions that occur on their account or under their password. The User should take all necessary steps to keep their password confidential and secure, and if they have reason to believe that any other person knows their password or if their password has been used (or is likely to be used) improperly, they should promptly inform the Operator and ensure timely invalidation or replacement of potentially or actually compromised access data. Neither the Operator nor the Partner is responsible for improper use of a user account by third parties.
3.4 The User has access to their data in the WMenu Application in the appropriate section where they can edit it. The Privacy Policy is available in the WMenu Application in the privacy section.
3.5 The User is prohibited from using any service of the WMenu Application in a way that would or could cause interruption, damage, or impairment of any service of the WMenu Application or access to it.
3.6 The Operator reserves the right to refuse service or delete the user account, in particular if the User does not use their account for longer than 1 year or in cases where the User violates applicable law, these Terms, instructions, or the Operator's legitimate interests.
3.7 The User acknowledges that WMenu Application services or the user account may be unavailable in general or continuously, in particular due to required maintenance of the Operator's hardware and software or maintenance of third party hardware and software.
3.8 The User further acknowledges that WMenu Application services may be interrupted, temporarily suspended, or permanently terminated at any time. The Operator does not guarantee retention and storage of all User data. In the event of interruption, suspension or termination of WMenu Application services, the User is not entitled to compensation for damages or lost profits or any other damages.
4. PRODUCT PRESENTATION
4.1 The offer and presentation of Products in the WMenu Application includes the designation of the Product and its price, as well as data and information about a specific Partner, the price for packaging and delivery of the Product. Product presentation may also include a more detailed description of the Product, its properties, size, availability, and possibly photographic representation.
4.2 The User acknowledges that all product presentations in the WMenu Application catalog are for informational purposes only, and the Partner as seller is not obliged to conclude a purchase agreement for these Products with the User.
4.3 The WMenu Application is not an online store and the Operator is not responsible for the accuracy of data provided by Partners, including prices, labels, availability, size or accuracy of Product display. All information about the Product is provided solely by the Partner as seller of the Product.
4.4 The User also acknowledges that Products offered by the Partner through the WMenu Application may contain allergens. For more information about allergens contained in specific Products, Users may contact the relevant Partner at its business address, premises, place of business, or via contact details provided by the Partner on its user profile or website. The Partner will provide information about the exact composition of each Product.
5. CONCLUSION OF PURCHASE AGREEMENT
5.1 The User may order Products from a Partner in the following ways:
if registered in the WMenu Application: via the user account;
without registration in the WMenu Application: by completing the order form.
5.2 When placing an order, the User selects the Product and quantity. At any time before submitting a binding order by clicking the "Submit" button, the User can check and change the entered data and return to previous steps of the order. The User may also at any stage of ordering stop the activities described above, leave the WMenu Application in which the Product order is placed, and abandon the ordering process.
5.3 The User's order becomes binding only when it is sent by clicking the "Send" button.
5.4 The validity of the order requires:
completion of all mandatory data in the order form, and
confirmation by the User that they have read these Terms and the Rules for Processing Personal Data.
5.5 As soon as the Partner receives the order, the Partner will send the User confirmation of receipt of the order to the e-mail address provided in the order form. The purchase agreement between the User and the Partner is concluded when the Partner accepts the order.
5.6 After confirmation, the User's order is archived as a concluded purchase agreement between the User as Buyer and the Partner as Seller for its execution and further recordkeeping. It is also available to the User after logging into their user account.
5.7 After the Partner accepts the order, the User has the right to cancel the order without giving a reason only upon agreement with the Partner.
5.8 The User expressly agrees to use means of distance communication when concluding the purchase agreement. Costs incurred by the User in connection with using distance communication in connection with the conclusion of the purchase agreement (internet connection costs, telephone costs) do not differ from the basic rate and are borne by the User.
6. PURCHASE PRICE AND PAYMENT METHODS
6.1 In the WMenu Application, purchase prices of Products are given including VAT. Delivery and packaging costs may vary depending on the selected method of delivery and payment of the purchase price.
6.2 Depending on the User's choice and whether a given method is currently available in the WMenu Application, payment of the purchase price for the ordered Product may be made as follows:
prepayment before delivery and receipt: online cashless payment by payment card through a payment gateway;
payment upon receipt of the Product: (i) cash or (ii) cashless payment by card at the Partner upon receipt.
6.3 For prepayment before delivery and receipt of the Product, the following rules apply:
6.3.1 The User will be redirected to the relevant third-party payment server where they will complete all data necessary to send the payment.
6.3.2 The User acknowledges that the Partner is not obligated to accept the User's order or deliver the ordered Product before the purchase price (or deposit) has been paid.
6.3.3 The User acknowledges that the payment gateway is operated by an entity other than the Operator and the Partner and therefore neither the Operator nor the Partner is responsible for any damages incurred by the User in connection with using this payment method.
6.4 In some cases, the Operator may be the place of payment of the purchase price under the purchase agreement, if expressly authorized by the Partner. The Operator is obliged to settle with the Partner the price paid by the User.
7. DELIVERY METHODS
7.1 Depending on the User's choice and whether a given delivery method is currently available in the WMenu Application, delivery of the ordered Product may be carried out as follows:
personal pickup by the User at their own expense at the Partner's premises;
delivery by the Partner to a place at the Partner's premises (to the table) indicated by the User in the order (by scanning the QR code located on the table at the Partner's premises);
delivery to the place indicated by the User in the order by the Partner or via a courier company (in such case, the User may be charged transport costs).
7.2 For personal pickup at the Partner's premises, the following rules apply:
7.2.1 The User will receive an electronic notification as soon as the Products are ready for pickup at the selected Partner location. The User will pick up the ordered Products in person at the selected Partner premises at their own expense. The User acknowledges that the Partner or Operator may define identity verification conditions when picking up the ordered Products.
7.2.2 The User is obliged to collect the Products at the selected Partner premises within the timeframe indicated in the notice, no later than the end of business hours of the relevant Partner location. The period for collection begins when the Partner sends the User a notice that the Product is ready for pickup.
7.2.3 If the ordered Product is not collected by the User at the relevant Partner premises within the specified timeframe, the Partner may cancel delivery of the Products or withdraw from the relevant purchase agreement for uncollected Products. At the same time, the Partner is entitled to charge the User the full price of the Products according to the order as a lump-sum reimbursement of preparation costs.
7.2.4 If the User selected payment upon receipt and does not collect the ordered Product at the Partner's premises within the specified timeframe, the Operator may prevent this User from further use of the WMenu Application.
8. COPYRIGHT AND RELATED PROVISIONS
8.1 The User acknowledges that the WMenu Application is protected by copyright law and related regulations. All rights to the WMenu Application, in particular copyrights to content, including layout, graphics, photos, videos, trademarks, logos and other content and elements belong to the Operator or its partners.
8.2 It is prohibited to copy, modify or otherwise use the WMenu Application or any part thereof without the Operator's consent.
8.3 The User is granted only the right to use the WMenu Application in accordance with the meaning and purpose specified in these Terms.
8.4 Without the express prior written consent of the Operator, the User may not and may not allow any third party to: (a) decompile, disassemble or reverse engineer the source code of the WMenu Application; (b) remove, modify or obscure any copyright or proprietary notices contained in the WMenu Application; (c) use the WMenu Application to create similar or competitive products or services; (d) obtain unauthorized access to the WMenu Application (e.g., through another system or tool); (e) interfere with the use of software or other components of the WMenu Application and use any part of the WMenu Application or software in a manner inconsistent with its intended purpose; (f) use the WMenu Application in a manner contrary to applicable law or infringing third-party privacy or intellectual property rights; (g) publish, send, transmit or otherwise transmit through the WMenu Application any data containing viruses, Trojan horses, worms, time bombs, corrupted files or other computer programs or practices that may damage, impair, secretly intercept or appropriate systems, data, personal data or property of others; (h) send spam, chain letters or other unsolicited messages through the WMenu Application; (i) violate the integrity or security of the WMenu Application; or (j) take any action.
8.5 In addition, the User may not extract and/or reuse parts of the content of any WMenu Application service without the express prior written consent of the Operator, in particular they are not entitled to use data mining, robots or other similar tools to obtain and collect data (single or repeated) for reusing substantial parts of the content of any service provided by the Operator. Moreover, the User may not create and/or publish their own databases containing substantial parts of any service provided by the Operator (e.g., Product lists and prices in the WMenu Application).
8.6 Users of WMenu services may post reviews, posts, comments, questions or answers or other content, including images, photos, audio or video recordings (collectively "Content"), provided that such content is not unlawful, contrary to morality or principles or the Operator's legitimate interests, does not threaten public order, is not misleading, defamatory, offensive, threatening or pornographic, does not violate privacy or intellectual property rights, does not otherwise harm third parties, and is not otherwise objectionable, and provided further that it does not contain political campaigns, commercial advertising, spam, viruses, etc. The User may not use a false e-mail address, impersonate another person or entity, or otherwise mislead the Operator as to the origin of any Content. The Operator reserves the right to remove or modify content that violates these Terms.
8.7 The User declares that they own all rights related to the content they publish or are otherwise authorized to use it in this way (i.e., they are the author of such content or have the author's consent to post content in the WMenu Application), that the use of content published by the User does not violate these Terms or the Operator's recommendations, that the content is current as of its publication and will not cause any harm to any person or entity. If the User's statement under this article proves untrue, the Operator has the right to seek compensation from the User for all damages and costs caused by reliance on the statement.
8.8 All content published by the User expresses solely the User's opinions and does not express the Operator's opinion. The Operator is not responsible for the truthfulness and accuracy of the information contained in the content added by the User, nor for the compliance of such information with the law.
8.9 The User has the right at any time to delete their content or change settings so that it is visible only to persons the User allows to access it (if such a function exists).
8.10 If the User publishes any content within the above meaning in the Application, the User grants the Operator the right to use, publish, share, translate and modify, reproduce and use it in advertisements, marketing or promotional events or campaigns worldwide and for an indefinite period, and this right may be granted to another person. This right is unlimited, non-exclusive and includes no license fees, including additional license fees. The User also grants the Operator the right to use the name used by the User in connection with this content, without transferring any personal rights.
8.11 The User undertakes to indemnify the Operator against any claims that third parties may assert against the Operator in connection with content provided by the User; however, the Operator's liability to third parties may be limited to the fact that it failed to remove content properly after receiving notice of its illegality, if the illegality results from content provided by the User, arises from such content or is based on it.
8.12 The User acknowledges that the Operator is not responsible for errors caused by third-party interventions in the WMenu Application or as a result of using the WMenu Application contrary to its purpose.
8.13 The Operator is not liable for any damages incurred in connection with using the WMenu Application, using information or downloading data published in the WMenu Application, i.e., errors, omissions, failures, delays, interruptions, computer viruses, loss of profits or data of the User, Partner or any third party using the WMenu Application, unauthorized access to their data, changes to such data, as well as other material and immaterial losses.
8.14 If you believe that disclosure of certain information within any service provided by the Operator has infringed your intellectual property rights, notify the Operator in writing via e-mail to: info@wmenu.pl
9. OTHER RIGHTS AND OBLIGATIONS OF THE USER
9.1 The User is obliged to use the WMenu Application in accordance with these Terms, comply with applicable law, and act honestly and in accordance with good customs.
9.2 The User is obliged to behave in a way that does not infringe the good name and rights of the Operator. The User is obliged to act so that the use of the WMenu Application does not cause damage to the property of the Operator or third parties.
9.3 If the User violates the obligations specified in these Terms and the Operator suffers any damages as a result, the Operator has the right to seek compensation, including lost profits.
9.4 In the event of unauthorized use of any part of the WMenu Application without the Operator's consent, the Operator is entitled to use all means to protect its rights and legitimate interests under the Copyright Act, in particular the right to demand cessation of infringement, removal of infringements, compensation for damages and restitution for unjust enrichment.
9.5 As a consumer, the User has the right to pursue claims against the Partner for improper performance of the purchase agreement (at the Partner's business address, premises, or through contact details provided by the Partner on its user profile, website or in the WMenu Application).
10. PERSONAL DATA PROTECTION
10.1 Users acknowledge that the Operator processes personal data provided by them for the operation of the WMenu Application in accordance with regulations on the processing and protection of personal data, in particular, but not limited to, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR) and the Polish Act Dz.U. 2018 item 1000 on personal data processing, as amended. Details regarding the processing of Users' personal data by the Operator are provided in the relevant section of the WMenu Application concerning personal data protection.
10.2 Users are obliged to familiarize themselves with the Privacy Policy available in the relevant section of the WMenu Application concerning personal data protection.
11. FINAL PROVISIONS
11.1 All agreements between the Operator, the Partner and the User are governed by the law of the Republic of Poland, unless this is contrary to mandatory consumer protection provisions.
11.2 Given that the purchase agreement for Products offered and sold through the WMenu Application is concluded solely between the User and the Partner, all matters not regulated by these Terms are governed by the Partner's Commercial Terms or individually negotiated between the User and the Partner.
11.3 In the event of a legal dispute between the Operator and the User, the court competent by venue is the court having jurisdiction over the Operator's registered office.
11.4 In the event of a consumer dispute that cannot be resolved by mutual agreement, the Consumer may submit a proposal for out-of-court dispute resolution to the competent consumer dispute resolution body, i.e., the Office of Competition and Consumer Protection (plac Powstańców Warszawy 1, 00-950 Warsaw).
11.5 Operator contact details:
delivery address: Poland, 00-503 Warsaw, ul. Żurawia 6/12, lok. 766
11.6 If any provision of these Terms is or becomes invalid or ineffective, the remaining provisions remain valid and effective. The invalid or ineffective provision will be replaced by another valid and effective provision that best reflects the content and purpose of the original provision.
11.7 The Operator has the right to unilaterally change and supplement the content of these Terms. The Operator will notify the User of changes at least 14 (fourteen) days before they take effect, indicating the effective date, by displaying a notice in the WMenu Application, on the user account or by e-mail. If the User does not agree to the change, they have the right to notify the Operator in writing or delete their user account; in such case they will no longer be entitled to use the WMenu Application services. If the User does not inform the Operator of their disagreement with the new Terms by the effective date, this means they agree to the change and undertake to comply with the new Terms. As of the effective date of the new Terms, the original Terms cease to apply.
