QR Sila Digital Solutions - Terms & Conditions

Terms of Use

1. INTRODUCTORY PROVISIONS AND DEFINITIONS

1.1 These Terms and Conditions (hereinafter referred to as the “ Terms and Conditions ”) are issued by QrSila, by Silahub Technologies, with its registered extended address 1517 Guilford place Philadelphia Pennsylvania 19122 (hereinafter referred to as the " Operator ").

1.2 These Conditions regulate the mutual rights and obligations between the end Users, User and Partner arising from the operation and use of the QrSila Application, as well as other rights and obligations of Users when using the services provided in connection with the QRSila Application, in particular:

a) mutual rights and obligations between the Operator and the User, which arise during access to and use of the QrSila Web Application and which result from the use of the QRSila Application services and the user account;

b) mutual rights and obligations concerning purchase contracts negotiated with respect to the Products, or other contracts (eg relating to delivery services), the conclusion of which is mediated by the Operator through the QRSila Application, these Conditions being an integral part of the purchase (or other) contract concluded between the Partner and the User.

1.3 Unless the context requires otherwise, the following words and expressions used in these Terms have the following meanings:

1.3.1 " QRSila application " is a technical solution, a computer program or application called QRSila, the main essence and function of which is to enable users to view, order, and purchase Products of the Operator's Partners and to mediate the conclusion of a purchase agreement regarding the relevant Products with the Partner, or to mediate delivery services.

1.3.2 “ Copyright Act ” is Act No. 121/2000 Coll., On Copyright, on Rights Related to Copyright, and on Amendments to Certain Acts, as amended.

1.3.3 " Partner " is the operator of a restaurant or other enterprise providing gastronomic services or another partner (entrepreneurial natural or legal person) whose Products are offered and sold through the QRSila Application, on the basis of an intermediation agreement or other similar agreement concluded with the Operator.

1.3.4 " Terms " are these terms and conditions of use of the QRSila Application.

1.3.5 “ Products ” are the Partner's products and services offered and sold by the Partner through the QRSila Application to Users for direct and immediate consumption.

1.3.6 “ Operator ” is the company defined in Article 1.1 of these Conditions.

1.3.7 “ Civil Code ” is Act No. 89/2012 Coll., The Civil Code, as amended.

1.3.8 “ User ” is a natural or legal person using the services of the QRSila Application and thus concluding a purchase agreement with the Partner.

1.3.9 “ Consumer Protection Act ” is Act No. 634/1992 Coll., On Consumer Protection, as amended.

1.4 The User declares and expressly confirms that he/she has read these Conditions thoroughly, fully understands them, agrees with them, and undertakes to follow them before starting to use the services of the QRSila Application. The user further declares and guarantees that he is competent to perform legal proceedings (especially with regard to his age) or is represented by his legal representative.

2. BASIC PRINCIPLES OF QRSila OPERATION

2.1 The Operator mediates the offer of Partners for the sale of Products to Users through the QRSila Application, and thus enables the connection of Partners with Users. Through the QRSila Application, the Operator also provides Partners and Users with a place where purchase agreements concerning the Products (or contracts regarding delivery services) are concluded, including a place enabling communication and resolution of possible complaints.

2.2 The Operator is neither a buyer nor a seller of the Products, but is only an intermediary of purchase agreements regarding the Products through the QRSila Application; similarly, the Operator only mediates the conclusion of contracts for delivery services. The Purchase Agreement for the Products is concluded exclusively between the User as the Buyer and the Partner as the Seller, and the Operator is not a party to such a purchase agreement. Similarly, the operator is not a party to the contract for the provision of delivery services.

2.3 Responsibility for offering and selling Products and for handling complaints of Users as buyers or resolving other issues arising from purchase agreements concluded between the User as a buyer and the Partner as a seller or in connection with it lies with a specific Partner as a seller with whom the User as a buyer has concluded a contract. Similarly, the operator does not bear any responsibility for the provision of delivery services. In this connection, the Operator is not responsible for the quality and origin of the Products and is also not responsible for the payment or delivery of the Products. The Operator does not bear any responsibility arising from the legal relationship between the Partner as the seller and the User as the buyer.

2.4 Given that the Operator provides a place for negotiating and conducting transactions between the User and the Partner, it undertakes to provide the User and the Partner with the necessary cooperation if its activities or actions can help resolve issues between the User and the Partner in connection with the purchase of Products through the QRSila Application...

2.5 The Operator does not verify or be responsible for the credibility or reliability of Users or Partners. The Operator is not responsible for the topicality, accuracy, and factual accuracy of the information published in the QRSila Application.

2.6 The User may access the QRSila Application in several ways, including by scanning the QR code at the Partner's premises or by clicking on the appropriate button on the Partner's website. If the User uses the access to the QRSila Application via the QR code of a specific Partner or the relevant button on the website of a specific Partner, the User will see the offer of Products of this specific Partner.

3. REGISTRATION AND USER ACCOUNT

3.1 Based on the User's registration made in the QRSila Application, the User may access his user account and from there the User may order Products. The User may also order Products without registration.

3.2 If the User creates a user account, he is obliged to state all required data correctly and truthfully. The user undertakes to keep the data stated in their user account up-to-date and accurate and, in the event that such data 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 maintain confidentiality regarding the information necessary to access his user account and is obliged to prevent access of third parties to his user account. To the extent permitted by applicable law, the User undertakes to accept responsibility for all activities that will take place on his account or under his password. The user should take all necessary steps to keep his or her password secret and secure, and if he or she has reason to believe that any other person knows his or her password, or if his or her password will be used (or is likely to be used). ) unjustifiably, it should inform the Operator of this fact without delay and ensure the timely invalidation, or replacement of potentially or actually compromised access data. Neither the Operator nor the Partner is responsible for any misuse of the user account by third parties.

3.4 The user has access to his data in the QRSila Application in the relevant section, where he can edit them. The privacy policy is available in the QRSila Application in the privacy section.

3.5 The User is prohibited from using any QRSila Application Service in a manner that would or could result in the interruption, damage, or deterioration of any QRSila Application Service or access to it.

3.6 The Operator reserves the right to refuse to provide the service or cancel the user account, especially if the User does not use his user account for more than 1 year, or in cases where the User violates the relevant legislation, these Conditions or instructions or legitimate interests of the Operator.

3.7 The User acknowledges that the services of the QRSila Application or the user account may not be available at all or continuously, especially with regard to the necessary maintenance of the Operator's hardware and software equipment, or necessary maintenance of third party hardware and software.

3.8 The User further acknowledges that the services of the QRSila Application may be interrupted, temporarily suspended, or permanently terminated at any time. The Operator does not guarantee the maintenance and retention of all user data. In the event of interruption, suspension, or termination of the QRSila Application Services, the User is not entitled to compensation for damage or lost profit or any other damage.

4. PRESENTATION OF PRODUCTS

4.1 The offer and presentation of the Products located in the QRSila Application contain 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. The presentation of the Products may also contain a more detailed description of the Product, its properties, size, availability, and possibly also a photographic representation of the Product.

4.2 The User acknowledges that all product presentations placed in the QRSila Application catalog are for information purposes only and the Partner, as the seller, is not obliged to enter into a purchase agreement regarding these Products with the User.

4.3 The QRSila application is not an online store and the Operator is in no way responsible for the accuracy of the data provided by the Partners, including prices, descriptions, availability, size, or accuracy of the Product display. All information about the Product is provided exclusively by the Partner as the seller of the specific Product.

4.4 The User further acknowledges that the Products offered by the Partner through the QRSila Application may contain allergens. For more information on allergens contained in specific Products, Users may contact the relevant Partner at the address of their business, at the Partner's registered office or place of business, or through the contact details provided by the Partner on its user profile, website, or QRSila Application. The Partner will provide information on the exact composition of each Product.

5. CONCLUSION OF THE PURCHASE AGREEMENT

5.1 The User may order Products from the Partner in the following ways:

a) in case of registration in the QRSila Application: via your user account;

b) without registration in the QRSila Application: by filling in the order form.

5.2 When placing an order, the User chooses the Product and the number of pieces of this Product. All the time before the User sends the order binding by clicking on the "Submit" button, he can check and change the already entered data and return to the previous steps of this order. At the same time, the User has the option at any stage of ordering the Product to interrupt the execution of the steps described above, to leave the QRSila Application in which the order of the Product is performed, and thus to cancel the process of ordering the Product.

5.3 The User's order becomes binding only at the moment of its sending by clicking on the "Send" button.

5.4 The condition for the validity of the order is:

(a) completion of all mandatory particulars in the order form, and at the same time

b) confirmation of the User that he has read these Terms and Conditions and the Principles of Personal Data Processing.

5.5 By sending the order, the User confirms that he has been provided by the Partner within the presentation of the Product, or on its website, and in these Conditions, all mandatory information and communications pursuant to the provisions of § 1811 and § 1820 of the Civil Code.

5.6 As soon as the Partner receives the order from the User, he will send the User confirmation of receipt of the order to the email address that the User entered in the order form when ordering. The purchase contract between the User and the Partner is concluded upon acceptance of the order by the Partner.

5.7 After its confirmation, the User's order is archived as a concluded purchase contract between the User as the Buyer and the Partner as the Seller for the purpose of its fulfillment and further registration. At the same time, it is accessible to the User after logging in to his user account.

5.8 After the order has been accepted by the Partner, the User is entitled to cancel such an order without reason only after agreement with the Partner.

5.9 Given that the subject of purchase is perishable goods within the meaning of the provisions of § 1837 letter e) of the Civil Code, the User is not entitled to withdraw from the purchase contract in the sense of the provisions of § 1829 of the Civil Code (although it is a contract concluded in a distanced manner). However, the User is entitled to withdraw from the purchase contract concluded with the Partner regarding the Products in accordance with the Civil Code in the event that the Partner has breached its obligations under the purchase contract.

5.10 The user expressly agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the User in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) do not differ from the basic rate and the User pays them himself.

6. PURCHASE PRICE AND METHODS OF PAYMENT

6.1 In the QRSila Application, the purchase prices of the Products are stated including VAT. The costs of delivery and packaging of the Products may vary according to the selected method of delivery and payment of the purchase price.

6.2 Depending on the User's QRSila and depending on whether the given method is currently available to the User in the QRSila Application, the payment of the purchase price for the ordered Product by the User may be made by the following payment methods:

a) payment in advance before delivery and acceptance of the Product by the User: non-cash payment by payment card online via the payment gateway;

b) payment upon receipt of the Product by the User: (i) cash or (ii) non-cash payment by payment card at the Partner upon receipt of the Product.

6.3 The following rules apply when paying in advance before delivery and acceptance of the Product by the User:

6.3.1 The user will be redirected to the relevant third-party payment server, where he will fill in all the necessary data to send the payment.

6.3.2 The User acknowledges that the Partner is not obliged to accept the User's order or deliver the ordered Product to the User before the purchase price (or deposit) for the ordered Product is paid by the User.

6.3.3 The User further acknowledges that the payment gateway is operated by a person other than the Operator and the Partner, and for this reason, neither the Operator nor the Partner bears any responsibility for any damage caused to the User in connection with the use of this payment method.

6.4 In some cases, the Operator may be the place of payment for payment of the purchase price of the Products according to the purchase contract, for which it is expressly authorized by the Partner. The Operator is obliged, in agreement with the Partner, to settle the price paid by the User with him.

7. DELIVERY METHODS

7.1 Depending on the User's QRSila and depending on whether the given method of delivery to the User is currently available in the QRSila Application, the delivery of the ordered Product may be realized in the following ways:

a) personal collection by the User at his own expense in the Partner's premises;

b) delivery by the Partner to a place in the Partner's premises (to the table) specified by the User in the order (by scanning the QR code on the table in the Partner's premises);

c) delivery to the place specified by the User in the order as the place of delivery, either by the Partner or using the delivery service (in such a case, transport costs may be charged to the User).

7.2 The following rules apply when personally picking up the Products at the Partner's premises:

7.2.1 The User will receive an electronic notification as soon as the Products are ready for collection at the Partner's selected establishment. The User will personally pick up the ordered Products in the selected establishment of the Partner at his own expense. The User acknowledges that the Partner or the Operator may set conditions for the verification of the User's identity when collecting the ordered Products.

7.2.2 The User is obliged to pick up the Products at the place of the selected establishment of the Partner within the period specified in the notification, but no later than always by the end of the operating hours of the relevant establishment of the Partner. The period for collecting the Product begins when the Partner has sent the User a notification that the Product is ready for collection.

7.2.3 If the ordered Product is not picked up by the User at the relevant premises of the Partner within the specified period, the Partner may cancel the delivery of the Products, resp. withdraw from the relevant purchase agreement regarding 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 flat-rate reimbursement of costs for the preparation of the Product.

7.2.4 In the event that the User has chosen payment as the payment method only upon receipt of the Product and does not pick up the ordered Product at the Partner's premises within the specified time, the Operator is entitled to prevent this User from further using the QRSila Application.

8. COPYRIGHT AND RELATED ARRANGEMENTS

8.1 The User acknowledges that the QRSila Application is protected by the Copyright Act and other related regulations. All rights to the QRSila Application, in particular copyrights to the content, including page layout, graphics, photos, films, trademarks, logos, and other content and elements, belong to the Operator, resp. his Partners.

8.2 It is forbidden to copy, modify, or otherwise use the QRSila Application or any part thereof without the consent of the Operator.

8.3 The User is provided only with the right to use the QRSila Application in accordance with the meaning and purpose set out in these Terms.

8.4 Without the express prior written consent of the Operator, the User may not or will not allow any third party to: (a) decompile, disassemble or reverse engineer the QRSila Application; (b) remove, modify or obscure any copyright or proprietary notices contained in the QRSila Application; (c) use the QRSila Application to create a similar or competing product or service; (d) gain unauthorized access to the QRSila Application (eg, through another system or tool); (e) interfere or interfere with the use of the software or other components that make up the QRSila Application and use part or all of the QRSila Application or software in a manner contrary to its intended purpose or purpose; (f) use the QRSila Application in a manner which is contrary to applicable law or infringes any third party's rights to privacy or intellectual property rights; (g) publish, send, upload or otherwise transmit through the QRSila Application any data that contains viruses, Trojan horses, worms, time bombs, corrupted files or other computer programs or practices that are capable of damaging, damaging, secretly intercepting or appropriating any other person's systems, data, personal information or property; (h) transmit spam, chain messages or other unsolicited communications through the QRSila Application; (i) compromise the integrity or security of the QRSila Application; or (j) take any action

8.5 Furthermore, the User may not separate and/or reuse parts of the content of any QRSila Application service without the express prior written consent of the Operator, in particular, he is not entitled to use so-called data mining, robots, or other similar tools for data acquisition and collection (single and repeated) re-use of substantial parts of the content of any service provided by the Operator. Furthermore, the User may not create and/or publish its own databases including essential parts of any service provided by the Operator (eg lists of Products and their prices in the QRSila Application).

8.6 Users of the QRSila Services may post their reviews, posts, comments, questions or answers or other content here, including images, photographs, audio or video recordings (collectively, the "Content"), provided, however, that such content is not illegal, in contrary to the morals or principles or legitimate interests of the Operator, will not endanger public order, will not be deceptive, defamatory, offensive, threatening or pornographic, will not infringe on privacy, infringe intellectual property rights, will not otherwise harm third parties and will not be otherwise unsatisfactory, and further provided that it does not contain political campaigns, commercial advertisements, spam, viruses, etc. The User may not use a fake e-mail address, impersonate another person or entity, or otherwise mislead the Operator in connection with 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 he is the owner of all rights associated with the content he publishes or is otherwise entitled to treat such content in this way (ie he is the author of such content or has the author's consent to place content within the QRSila Application) that the use of content published by the User it is not in conflict with the rules or recommendations of the Operator that such content is accurate as of the date of its publication and will not cause any harm to any person or entity. If the User's statement according to this article proves to be untrue, the Operator is entitled to demand from the User compensation for all damage and all costs caused by the Operator's opinion of the User's statement as true.

8.8 Any content published by the User expresses exclusively the opinions of the User and does not express the opinions of the Operator. The Operator is not responsible for the truthfulness and accuracy of the information provided in the content added by the User and for the compliance of this information with legal regulations.

8.9 The User is entitled to delete his content or change the settings at any time so that the content is displayed only to persons to whom the User allows access (if the given function allows it).

8.10 If the User publishes any content in the Application in the above sense, it grants the Operator the right to use, publish, make available, translate and modify, reproduce and use in advertising, marketing, or promotional events or campaigns of the Operator, worldwide. and for an unlimited period of time and maybe granted to another person. This right is unlimited, non-exclusive, and does not involve any royalties, including additional royalties. The User further grants the Operator the right to use the name used by the User in connection with this content, which does not transfer any personal rights.

8.11 The User undertakes to indemnify the Operator for all claims that third parties may claim against him in connection with the content provided by the User; however, the Operator's liability in relation to third parties may at most lie in the fact that it has not properly removed the content even after being notified of its illegality if this illegality arises from the content provided by the User, originates in this content or is based on it.

8.12 The User acknowledges that the Operator is not liable for errors caused by third-party interventions in the QRSila Application or as a result of using the QRSila Application contrary to its purpose.

8.13 The Operator is not liable for any damages incurred in connection with the use of the QRSila Application, use of information, or downloading of data published in the QRSila Application, ie errors, omissions, failures, delays, interruptions, computer viruses, loss of profit or data of the User, Partner or another third party. using the QRSila Application, for unauthorized access to the data of these persons, changes to such data, as well as other tangible and intangible losses.

8.14 If you consider that the disclosure of certain information within any service provided by the Operator has infringed your intellectual property rights, please notify the Operator in writing by e-mail sent to support@qrsila.com

9. OTHER RIGHTS AND OBLIGATIONS OF THE USER

9.1 The User is obliged to use the QRSila Application in accordance with these Conditions, to follow the valid legal regulations, to act honestly and in accordance with good morals.

9.2 The User is obliged to behave in such a way that the good name and rights of the Operator are not damaged in any way. The User is obliged to act in such a way that there is no damage to the property of the Operator or third parties in connection with the use of the QRSila Application.

9.3 If the User violates the obligations set out in these Conditions, including all their components, and the Operator incurs any damage or injury as a result of this action, the Operator is entitled to demand compensation from the User for such damage or injury, including lost profits.

9.5 In case of unauthorized use of any part of the QRSila Application without the Operator's consent, the Operator is entitled to use all means to protect its rights and legitimate interests in accordance with the Copyright Act, ie in particular the right to demand a refusal to infringe copyright and remove infringements, the right to compensation damages and the issue of unjust enrichment.

9.6 As a consumer, the User has the right to exercise rights from the Partner from defective performance in connection with the purchase contract (at the address of his business, at the Partner's registered office or place of business, or through contact details provided by the Partner on his user profile, website or QRSila application).

9.7 The rights and obligations between the Partner and the User regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and the Consumer Protection Act), taking full account of the fact that it is a purchase of a perishable product intended for immediate consumption.

10. PROTECTION OF PERSONAL DATA

10.1 Users acknowledge that the Operator processes the personal data provided by them for the purpose of operating the QRSila Application in accordance with the legislation on the processing and protection of personal data, in particular, but not exclusively, Regulation (EU) 2016/679 of the European Parliament and on 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 repealing Directive 95/46 / EC (General Data Protection Regulation - GDPR) and Act No. 110/2019 Coll., on the processing personal data, as amended. Details regarding the processing of Users' personal data by the Operator are given in the relevant section of the QRSila Application concerning the protection of personal data.

10.2 Users are required to familiarize themselves with the Privacy Policy available in the relevant section of the QRSila Application regarding personal data protection.

11. FINAL PROVISIONS

11.1 All agreements between the Operator, the Partner, and the User are governed by the laws of the United State unless this is contradicted by mandatory provisions for consumer protection.

11.2 Due to the fact that the purchase contract in connection with the sale of Products offered and sold through the QRSila Application is concluded exclusively between the User and the Partner, all matters not regulated by these Terms and Conditions are governed by the Business Terms and Conditions 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 with territorial jurisdiction is the court according to the Operator's registered office.

11.4 In the event of a consumer dispute that cannot be resolved by mutual agreement, the consumer may file a proposal for out-of-court settlement of such a dispute to a designated out-of-court settlement of consumer disputes.

11.5 Contact details of the Operator:

a) delivery address: 1517 Guilford place Philadelphia Pennsylvania 19122

b) e-mail: support@qrsila.com

c) phone: +1-443-931-6637

11.6 In the event that any provision of these Terms is or becomes invalid or ineffective, the other provisions of these Terms remain valid and effective. An invalid or ineffective provision will be replaced by another, valid and effective provision, which in its content and meaning corresponds best to the content and meaning of the original provision.

11.7 The Operator is entitled to unilaterally change and supplement the wording of these Conditions. The Operator shall notify the User of a change in the Conditions at least 14 (fourteen) days before it takes effect, stating the effective date of the changes, by displaying a notification in the QRSila Application, in the User's user account, or via the User's e-mail. If the User does not agree with the change, he has the right to notify the Operator in writing that he does not agree with the new wording of the Conditions or to cancel his user account; in such case, he is no longer entitled to use the services of the QRSila Application. If the User does not notify the Operator of his disagreement with the new wording of the Conditions by the date of entry into force of the change, it is valid that he agrees with the change and undertakes to comply with the new wording of the Conditions. Upon entry into force of the new Conditions, the original Conditions shall cease to be valid.

11.8 These Conditions come into force and effect on 25.01.2021

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