Effective date: 28 November 2024
Welcome to the “Supa” platform ("Platform"). These Terms and Conditions ("Terms", “T&C”) govern your use of the Platform, provided by Resttech sp. z o.o. ("Company," "we," "us," or "our"), a company established under the laws of the Republic of Poland, with its registered address 00-008 Warsaw, Marszalkowska st. 126/134, registered in the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number 0001097078. This Platform is designed guests of those restaurants (“Customers”, “You”, “Your”, “User”) that have partnered with us.
Clicking the 'Pay' button constitutes Your acceptance of the Platform’s T&C. If you disagree with any of the Platform’s terms and/ or our Privacy policy, please do not scan a QR and do not use the Platform in any other way.
By using this Platform, You confirm that You have reached the legal age in accordance with the Polish legislation.
Use of the Platform
You can access the Platform by scanning QR code available at a table of a restaurant you are visiting.
The Platform, subject to these T&C’s, provides the possibility for You to:
You can pay for your order and leave tips to attendants by using one of the following payment methods:
Paying tips through our Platform is voluntary and is not required. You are free to choose the amount you wish to tip, if any. If you choose to tip an attendant or us, tips will be divided in the proportion of 90% to the attendant and 10% to us. We are grateful for any tips you choose to leave to the attendant or us, and we will strive to provide the best services possible in appreciation of your support.
While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy or completeness of the menu details provided.
You acknowledge and agree that by using the internet to use the Platform, you may incur charges from your wireless carrier, internet service provider or other method of internet access, depending upon your contract or plan with your provider. You acknowledge that payment of any such charges or any service fees associated with such access will be your sole responsibility. In addition, You must provide all equipment necessary to make such a connection to the WWW. You agree that Your use of the Platform will be in accordance with all requirements of your wireless carrier, internet service provider or other method of internet access.
Privacy
Subject to further terms of our Privacy policy, the Company or its representatives may collect and/or process information that identifies You personally, including but not limited to Your name, contact details, device information, and any other information necessary for providing the Platform functionality to you. This information is collected only if you choose to share it with us (e.g., by using the feedback function within the Platform), provide explicit consent, or if its collection is required by law.
Licence
Subject to these T&C, the Company provides You with a limited, non-exclusive, non-transferable licence to have access and use the Platform solely for Your personal use. You may not rent, lease, sell, sublicense, assign, disassemble, modify, lend, distribute, export or transfer or permit others to use the Platform, technology or other information, including any printed materials thereof, derivatives or otherwise modify it. This licence will terminate automatically if You do not comply with these T&C. You may not use the Platform in violation of any applicable laws or regulations. You agree that You will not use the Platform in any way, in violation of the laws of the European Union and Poland.
Third-party Links
The Platform may provide links to third party websites ("Linked Site") and such links are provided solely for your convenience. If you use these links, you leave the Platform. The Company is not liable for their content, functions, or any malfunctions caused by, or malicious code emanating from, these sites. If you access any of the third-party websites linked to the Platform, you do so entirely at your own risk and must familiarise yourself with their terms and conditions and privacy policy. As far as the applicable law allows, the Company is not liable for any damages or loss that may result from Your use of any Linked Site.
Termination
The licence is effective until terminated by You or by the Company, which may be done at any time. Upon termination You shall cease to use the Platform in its entirety. The Company may terminate Your rights under this licence immediately if You fail to comply with any term(s) of these T&C.
Assignment
You may not assign or transfer Your rights under these T&C without the prior written consent of the Company. The Company may assign all rights and liabilities under these T&C to a subsidiary, affiliate or successor to all or a substantial part of its business and assets without Your consent, provided that this is not to Your detriment. Subject to the foregoing, these T&C will be binding upon the successors and permitted assigns of the parties. Any assignment contrary to this section shall be null and void.
We reserve the right to modify or update these Terms at any time at our discretion.
Additionally, to the maximum extent permitted by applicable law, the Company:
Limitation of liability
As a Platform provider, we act solely as an intermediary (trustee) in the process of online payments and tips distribution. All payment processing for Your transactions in restaurants is provided by our payment services provider Viva Payment Services S.A.(“Viva”). We do not assume responsibility for any payment-related issues or disputes, as these are governed by VIVA’s terms and conditions.
You understand and agree that Company and its respective licensors, to the maximum extent permitted by applicable law, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, however caused and on any theory of liability, and even if advised of the possibility of such damage, including, without limitation, damages for personal injury, lost data, lost profits, or business interruption arising from or relating to: (i) Your use of the Platform; (ii) the cost of procurement of substitute data, information or software; (iii) unauthorised access to or alteration of Your transmission or data; (iv) use of the Platform in violation of the T&C; or (v) any other matter relating to the Platform or its use. Additionally, to the maximum extent permitted by applicable law, You are solely responsible for any and all decisions regarding use of the Platform to input, store and/or transfer personal data.
No provision in these T&C (including, without limitation, the Privacy policy):
(i) does or purports to limit or exempt us or any other person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the applicable law does not allow such a limitation or exemption;
(ii) requires You to assume risk or liability for the kind of liability or loss, to the extent that the applicable law does not allow such an assumption of risk or liability; or
(iii) limits or excludes any warranties or obligations which are implied into these T&C by the consumer protection acts, the EU General Data Protection Regulation or its equivalent (to the extent they are applicable) or to the extent that the applicable law does not allow them to be limited or excluded.
This Platform may contain, use or present information derived from third party sources. To the maximum extent permitted by applicable law, the Company, and its respective employees or service providers are not responsible for errors or omissions or for any consequences from the Platform of the information herein and make no warranty, expressed or implied, with respect to the completeness, usefulness, or accuracy of the contents of the Platform. To the maximum extent permitted by applicable law, we make no representation regarding the functions of the Platform when used with subsequent versions of that operating system, with other operating systems, or with other devices.
You understand and agree that the Platform, to the maximum extent permitted by applicable law, is provided on an “AS IS” and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, the Company does not make any warranty the Platform will meet Your requirements or that use of the Platform will be uninterrupted, timely, secure or error free; nor does the Company make any warranty as to the results that may be obtained from use of the Platform or the accuracy or reliability from use of the Platform or the accuracy or reliability of any information obtained through the Platform or that any defects in the Platform will be corrected. To the maximum extent permitted by applicable law, and its suppliers hereby disclaim all warranties of any kind, whether express, implied or statutory regarding the Platform, including any implied warranty of title, merchantability, fitness for a particular purpose or non-infringement of third party rights. You understand and agree that any material or data obtained through use of the Platform is at Your own discretion and risk and that You will be solely responsible for any damage to Your equipment or computer system or loss of data that results from the download of any such content or material.
You acknowledge that (a) the Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) the Company and/or third parties own and retain all right, title and interest in and to the Platform and software provided through or in conjunction with the Platform, including without limitation all intellectual property rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all Platforms, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that You will not, and will not allow any third party to, (i) copy, sell, licence, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse the Platform, disassemble or otherwise attempt to derive source code or algorithms from the Platform, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Platform, (iii) use the Platform to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter ours or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Platform. Ownership of all trademarks and the goodwill associated therewith remains with us or in the case of licensed trademarks, the licensor.
These Terms are governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of laws principles.
Any legal suit, action, or proceeding arising out of or related to these T&C or the rights granted hereunder will be instituted exclusively in the courts of Warsaw, Poland and, if permitted by applicable law, each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
We are not liable for delay in the performance of its duties, obligations or responsibilities hereunder due to force majeure. A force majeure impediment is an unforeseen event which occurs after acceptance of orders, and which is beyond our reasonable control, such as strikes, blockade, war, mobilisation, natural disaster, refusal of licence by government or other stipulations or restrictions by the authorities, internet service failures, delays or availability issues (including downtime or service outages) or any other similar or dissimilar cause beyond the control of the Company. Notwithstanding the foregoing, a force majeure does not extinguish Your obligations to pay the applicable fees (if any) hereunder.
If You have any questions about these Terms, please contact us at contact@supa.pl.