SPRITZ INTERNATIONAL SERVICING LIMITED LIABILITY COMPANY

 

TERMS AND CONDITIONS

 

1. General information

1.1. Spritz International Servicing Limited Liability Company (registered office: 2096 Üröm, Fülemüle u. 8., court of registry: Registry Court of the Budapest District Court, company registration number: 13-09-206019, tax number: 27956564-2-13, statistical number: 27956564- 6201-113-13) - hereinafter referred to as the “Service Provider” - provides the application services of the www.spitz.mobi platform and the Spritz system, which includes in particular the use of the mobile application, the back-end systems and the database.

The general terms and conditions of the Service Provider's services related to the Spritz system are contained only in these General Terms and Conditions (GTC).

1.2. Contact details of the Service Provider's error report (address, telephone number, other contact details, contact time)

Error reports can be made to the Service Provider by e-mail at the following contacts:

- e-mail address: info@spritz.mobi

1.3. The address of the Service Provider's website

The address of the Service Provider's website is www.spritz.mobi

1.4 Availability of the General Terms and Conditions

The General Terms and Conditions of the Service Provider are available on the Service Provider's website: http://www.spritz.mobi/GTC

2. Definitions

 

2.1 Spritz system: an information technology system for mobile food and beverage ordering, developed for mobile devices and operating via a mobile application, which provides a new opportunity to purchase and use services using digital devices by providing the service in an integrated system for Users through the services available on the website of this system related to the use of the system.

2.2. User: a natural person registered in the Spritz system, who accepts these GTC as binding on him / her.

2.3. Service Provider: Spritz International Servicing Limited Liability Company, which operates the Spritz system.

2.4. HORECA / Partner: the legal entity or other unincorporated organization, catering service provider with which the Service Provider has entered into a contract and whose services are available, purchased, usable by the Users in the Spritz system and which accepts the information provided to the Users by the Spritz system, identifiers, as well as the benefits and goods to the User, and the content of which is displayed by the Service Provider through a mobile application.

2.5. Service: A service provided by a Partner that is available to Users in the Spritz System.

2.6. Mobile device: mobile phone, smartphone, tablet and other technical device capable of mobile communication and mobile data traffic.

3. Brief description of the Spritz system, service available in the system​

3.1. The Spritz system is a human-to-human food and beverage ordering system based on a mobile application that provides complete order management for HORECA / catering service providers. This system allows the owners and operators of HORECA / catering units to create the menu, prices, order and make it available to guests.

3.2. The Partners provide the terms and conditions of the provision of their Services and their business policy regulations on the basis of the terms and conditions established by them. By accepting these GTC, the User automatically acknowledges the contractual terms and conditions for the provision of the Partners' Services.

3.3. HORECA / catering service providers use the Service as an online monthly subscription solution (Software as a Service) and have to pay for the service every month in advance as a recurring payment. The monthly recurring payment is done through Barion Payment Ltd.’s payment solution. HORECA / catering service providers can cancel their subscription any time without giving a reason which can be done on the online registration page. If the Service is cancelled by HORECA / catering service providers the next monthly subscription fee will not be charged and the Service will be suspended. However all data registered in the Spritz system will be kept so that HORECA / catering service providers can reuse them if they wish to continue the usage of the Service later.

3.4. The Partner's representative is responsible for online data entry. The program of the Spritz system is available 24 hours a day via the Internet, provided that the ISP provides the necessary Internet service to the customer. The username and password required to login to the Spritz system are selected by the person representing the HORECA / catering service provider. This person is responsible for ensuring confidentiality and ensuring that the information is not passed on to third parties. Orders are sent online via a secure SSL server, based on the data previously entered into the system by the HORECA / Catering Manager, who assumes full responsibility for the accuracy of the information.

3.5. The customer is the guest of the catering unit and the HORECA / catering provider are the only parties to the contract; each party receives the order confirmation in real time through the Spritz app and management system.

3.6. The services offered by Spritz are characterized by a constantly evolving technology. For this reason, SPRITZ International Ltd. reserves the right to modify the services it provides at its own discretion, at any time, at any time deemed necessary, and whenever the technology changes, these modifications include the services, new content, features and its as the services are provided to customers by SPRITZ International Ltd. The goal of SPRITZ International Ltd. is the continuous development and optimization of the provided services. The Service Provider informs the Users about the availability of new services, functions and content in the Spritz system, among other things, on its website.

3.7. SPRITZ International Ltd. or any of its subsidiaries and affiliates does not act as an intermediary or performance assistant, it only ensures the use of the software that enables contactless ordering. By not acting as an intermediary in the handling of orders, SPRITZ International Ltd. or its subsidiaries and affiliates are completely free from any disputes between HORECA / catering service provider and its customers and cannot be legally involved in them.

4. User Registration

4.1. The use of the contactless ordering system is based on a contract between SPRITZ International Ltd. or its subsidiaries, affiliates and HORECA / catering service provider, the Partner. The HORECA / catering service provider can use the Spritz system after signing the contract and obtaining the username and password.

4.2. Guests of HORECA / catering units can use the contactless ordering system after registering in the Spritz mobile app, which includes entering a valid email address and creating a password for the app. Users can register for the Spritz system by clicking on the "Register" button on the website, entering their e-mail address and a password. The Spritz system creates separate spaces for each User in the system without their sensitive information being visible to third parties.

4.3. During the registration, the Users are obliged to provide their data in accordance with the reality and their valid personal identification documents (identity card, address card) and are obliged to notify the Service Provider of any changes in these data immediately, but no later than within 30 days. The Service Provider excludes its liability for any damage resulting from the provision of incorrect, erroneous or false data or a false e-mail address provided during registration, however, it may demand compensation from the User for the damage incurred in this connection. The User has the possibility to check and modify his data in the system at any time.

4.4. The Service Provider is entitled to delete obviously incorrect or false data, and in case of doubt, it is entitled to check the authenticity of the User. The Service Provider reserves the right to refuse the User's registration, especially in case of providing false or incomplete data, or in case of suspicion of any misuse of the provided data during registration. If the Service Provider becomes aware that the User provides the personal data of another person or a non-existent person during the use of the Spritz system or during the registration in a manner that violates these GTC, the rights of a third party or otherwise the law, or is false, not provides real data, the Service Provider is entitled to terminate its contract with the User with immediate effect.

4.5. The personal data provided during registration is not public and is not accessible to third parties. If the password is lost or forgotten, the Service Provider will reproduce or modify it at the request of the User. The User acknowledges that if he / she has not yet reached the age of 18, the consent of his / her legal representative is required for his / her registration in the Spritz system and the conclusion of the contract according to these GTC. The Service Provider shall not be liable for damages and adverse legal consequences arising from the failure to obtain the consent of the legal representatives referred to above.

4.6. The User is fully responsible for the username and password pair for the registration of the Spritz system and for all activities performed through it. The User undertakes to immediately notify the Service Provider's customer service in the event of any unauthorized use of his data or any other breach of security. The Service Provider is not liable for damages resulting from the storage of the password or the transfer of the username and password to third parties.

 

4.7. The User can register after downloading and installing the Spritz application on the Mobile Device. If the operation of the Spritz system on a Mobile Device also requires the download and installation of programs and applications other than the Spritz application, the User shall ensure that they are downloaded and installed.

4.8. The User is not entitled to delete his registration (profile) from the Spritz system himself. In case of such an intention, the User notifies the Service Provider of the cancellation request at the e-mail address info@spritz.mobi, and the Service Provider ensures the deletion of the User's registration (profile). Prior to the actual deletion of the User's registration (profile), the Service Provider will send a confirmation e-mail to the User, and will only perform the deletion if the User has also sent a positive reply to the confirmation e-mail. The User acknowledges that in case of deleting the registration or profile of Spritz, all data and orders recorded in the Spritz system will be permanently deleted in a non-restorable manner.

4.9. During the Spritz registration according to these GTC, the Users accept the present GTC as binding for them by clicking as the final step of the registration, of which the Privacy Policy are an inseparable part as Annex No. 3. By accepting these GTC, the Users agree that the Service Provider handles their personal data provided during the Spritz registration, as well as provided and managed in the Spritz system for the purpose, manner and extent in accordance with these GTC. The User acknowledges that he is only entitled to use the Spritz system if he has accepted the GTC as binding on him.

4.10. The User acknowledges that the Service Provider has the right to unilaterally determine in its discretion the Services and processes available and operating in the Spritz system, and which of these Services and processes are available on the website www.spritz.mobi.

5. The ordering process

 

5.1. The Spritz system is used in a particular restaurant enables on-site food and beverage ordering, during which the User's Mobile Device is used to scan its QR code in the catering unit, in the restaurant, using the application of the Spritz system. After that, the offer of the given catering unit and restaurant is loaded and displayed on the User's Mobile Device, from which the User selects the food and drink to be ordered and compiles the contents of his shopping cart, then sends his order via the Spritz application. The given restaurant accepts and displays the User's order on its own interface provided to the restaurant, and then the User pays the order in cash or by credit card directly to the restaurant or – if the given restaurant provides this option - by using Spritz system’s integrated payment service provided by Barion Payment Services. Online bank card payments are done with Barion Payment Solutions. Bank card details are never shared with the restaurants. Barion Payment Ltd. is regulated and overseen by Hungarian National Bank, its registration and authorization number is H-EN-I-1064/2013.

5.2. The Service Provider is not responsible for the quality and quality of the service provided in the restaurant operated by the Partner, for the fulfillment of the order submitted through the Spritz application, for the quantity, quality and quality of the ordered food and drinks, for the food and beverage menu, menu, for its content, correctness and for the fact that the food and beverage offer displayed in the Spritz system is actually available in the given restaurant, therefore the Partner operating the given restaurant is solely responsible. With the customer complaints related to the application of the Spritz system service, the User may primarily contact the Partner operating the given restaurant.

6. Complaint handling, error reporting

6.1.Complaints related to the Spritz system may be reported to the Service Provider in writing by e-mail at the following contact details of the Service Provider:

- Service provider's e-mail address: info@spritz.mobi

6.2. In case of submitting a written complaint, the Service Provider will investigate the complaint within 30 days, and within this deadline the Service Provider will also send a substantive written response to the User making the complaint. If the Service Provider rejects the complaint, it is obliged to give reasons.

6.3. In case of rejection of the complaint, the User shall refer to the conciliation body operating under the county chamber of commerce and industry competent according to his / her place of residence, or to the Conciliation Board operating according to the service provider's seat according to the registered office of the Service Provider. In addition, you can turn to the competent consumer protection authority according to the place of residence of the User or the registered office of the Service Provider. Correspondence address of the consumer protection authority competent according to the registered office of the Service Provider: Consumer Protection Inspectorate of the Pest County Government Office.

 

7. Copyright Provisions

7.1. The Spritz system with the associated application, software and documentation is subject to the provisions of Act LXXVI of 1999 on Copyright copyrighted works on which the Service Provider has full copyright and related intellectual property rights. The use and further authorization of the Spritz system without the permission of the Service Provider is prohibited.

7.2. The Spritz System and related trade secrets, know-how and other intellectual property rights constitute the full copyright and related intellectual property rights of the Service Provider and remain with the Service Provider, regardless of whether these rights are specifically recognized or registered in the country where the Spritz system is located used.

7.3. The User may not take any action or behave in any way that infringes or endangers the Service Provider's intellectual property rights or by which he acquires a right in connection with the Spritz system, apart from the limited right of use specified in these GTC.

7.4. The Service Provider's use rights include any rights to reproduce, copy, distribute to the sub-users of the Spritz System, products derived from the Spritz System, and new software, system versions, or results. The User is not entitled to remove any information and data management data related to confidentiality and intellectual property rights from the Spritz system.

7.5. The Service Provider undertakes a legal guarantee against the User in order to obtain a limited right of use in respect of the Spritz system handed over for its use in accordance with the conditions described in these GTC. The Service Provider further warrants that the Spritz system is an independent individual, original work and that there are no copyright-based rights or claims of third parties or organizations that restrict, impede or exclude the exercise of the User's rights acquired under these GTC.

8. The license granted to the User and its scope

8.1. By registering in the Spritz system and downloading the Spritz application, the User becomes entitled to non-exclusive, non-grantable, non-transferable use of the Spritz system to third parties, free from linguistic restrictions, for the duration of his legal relationship with the Service Provider to a limited extent as described below. The User becomes entitled to run, operate and display the Spritz system on the screen. The use license covers the use of the Spritz system, as well as the use of the Spritz system corrected, modified and updated by the Service Provider.

8.2. The User is not entitled to rework, process, translate, modify the Spritz system, including the correction of the error, is not entitled to any duplication or any other use beyond the scope and extent of clause 8.1 above. The user is not entitled to translate the language of the Spritz system into another language or with a third party. Furthermore, the User is not entitled to use the Spritz system made by himself or a third party without the consent of the Service Provider.

8.3. The User is entitled to download, install, run and use the Spritz System on a device owned or lawfully used by the User. The maintenance of the Spritz system can only be performed by the Service Provider. In case of violation of this provision, the Service Provider's liability for damage to the data, stock and assets of the Spritz system or the User is excluded.

8.4. The User is always entitled to use only the latest updated version of the Spritz system, the User is no longer entitled to use the versions prior to the latest updated version after the new version has been installed or updated by the User.

8.5. The User is not entitled to sub-use, transfer, assign the right to use the Spritz system or any part thereof to third parties and assign its rights arising from these GTC or any part thereof to third parties.

8.6. The source code of the Spritz system will not be passed to the User. The User is not entitled to know the source code. The User is not entitled to modify the Spritz system or any part thereof, to reproduce and compile the source code, even to ensure that the Spritz system is properly compatible and interoperable with the User's existing computer systems. The User is not entitled to decrypt, reverse engineer, modify, process, duplicate, crack the source code of the Spritz system and is not entitled to analyze the operation and internal structure of the Spritz system.

9. Limitation of the Service Provider's Liability

9.1. The Service Provider provides the Spritz system to the User in the given condition and in the viewed form at the time of download, the entire risk related to the appropriate quality, performance, accuracy and efficiency is borne by the User. The User is obliged to provide the hardware and software environment necessary for the installation and use of the Spritz system.

9.2. The Service Provider excludes its liability for consequences arising from reasons that do not belong to the Service Provider's activities covered by this contract. The Service Provider is not responsible for how and for what purpose the User or a third party uses the Spritz system - in particular, it is not responsible for the User's or a third party's use of the Spritz system in accordance with applicable laws and other agreements, exercise it properly.

9.3. In the event of a possible malfunction of the Spritz system, the User may, in accordance with the rules of Act V of 2013 on the Civil Code concerning the erroneous performance, demand the correction of the error at his / her choice. If the Service Provider does not undertake to correct the error or does not do so within 30 working days, the User may withdraw from the contract and demand compensation for the related damage from the Service Provider. An error that does not prevent proper use must be rectified until a newer version of the program is released.

9.4. The User is obliged to notify the Service Provider immediately if he / she notices an error, as well as all related circumstances.

9.5. The User undertakes to work closely with the Service Provider in accordance with the Service Provider's instructions in determining the error and correcting the error. The User is obliged to provide all information requested by the Service Provider during the error report.

9.6. The User is obliged to regularly save the programs and data files on his Mobile Device using the Spritz system and to ensure their preservation. The Service Provider is not responsible for the failure of other software products or data files stored on the User's Mobile Devices that also use the Spritz system, for the loss of data or for the consequences thereof, therefore the User is obliged to act with special care during its data storage activities.

9.7. The Spritz system only works in a legal and virus-free environment. The Service Provider excludes its liability for the consequences and failures resulting from unauthorized access, improper use, hardware failure, or improper operating environment (including power outages). The Service Provider shall not be liable to the User or any third party for any damage resulting from the databases connected by the User to the Spritz system, the databases created by the User in the Spritz system, the data entered into the Spritz system by the User, therefore the User is solely responsible.

9.8. The Service Provider shall not be liable for the correctness of the data and information contained in the Spritz system and for any damages that may arise to the User or any other third party as a result of the use of this data and information. The Service Provider is not responsible for any content related to the Spritz system, including but not limited to infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, offensive or illegal content, and is not responsible for the conduct, transmission or data of any third party.

9.9. Service Provider shall not be liable for any viruses or other restrictive features affecting access to and use of the Spritz System, incompatibility of the Spritz System with other websites, services, software and hardware, any delay or error caused by the User's proper and timely data transfer while using the Spritz System. any damage or expense arising out of or in any way connected with the use of the services provided by third parties through the links.

9.10. The Service Provider shall not be liable if any deadline or task according to these GTC is caused by force majeure - especially natural disasters, political events, delays or refusals of permits or official measures outside the Service Provider's competence, strike, utility, telecommunications, communication services, etc. - fails as a consequence and if performance is impossible due to force majeure. The same provision shall apply in the event that the events of force majeure are related to the performance of the Service Provider and its subcontractors, contributors and performance assistants.

9.11.If the User suffers damage on the basis of these GTC for which the Service Provider is responsible according to these GTC, the User is entitled to enforce his / her claim against the Service Provider up to a maximum of HUF 100,000, ie up to One Hundred Thousand HUF.

The Service Provider shall be liable only for those damages in respect of which the User has notified the Service Provider in writing within 3 (three) months of the occurrence of the damage or becoming aware of it, unless the law provides for a shorter limitation or enforcement period. The provision set forth in this section shall not apply to damage caused intentionally.

9.12. The Service Provider does not assume any quality or other responsibility for the Services provided by the Partners, either in terms of quantity, quality or law. Such problems are handled exclusively between the Partner and the User.

9.13. Furthermore, the Service Provider shall not be liable for any damage or consequences resulting from the theft, theft or other unlawful acquisition or loss of the User's username or password required for access to the Spritz system. The User expressly waives, to the extent permitted by law, to assert any claim for damages or other claims against the senior official of the Service Provider in connection with this contract. The senior official of the Service Provider may refer directly to this disclaimer.

9.14. The User acknowledges that the Service Provider is entitled to control the use of the Spritz system and is obliged to provide the Service Provider with the opportunity to do so, and is obliged to provide information on the copies of the Spritz system that are the subject of this contract at the Service Provider's request. If the User breaches his obligations arising from this clause, the Service Provider shall be entitled to terminate the contract with immediate effect and / or to suspend the rights of use under the contract and / or to demand compensation for the damage caused.

10. Maintenance of the Spritz system

10.1. The Service Provider maintains and updates the Spritz system in its own discretion, at intervals, in a manner, with content and frequency specified by it. The Service Provider informs the User about the release of the updated, new version of the Spritz system at the User's registered e-mail address or on its own website.

10.2. The User acknowledges and expressly accepts that during the maintenance and updating specified in the previous point, the Service Provider may establish remote online access to the User's Mobile Devices and network using and running the Spritz system and communicate with these devices and network without personal or business data. may be transmitted from the User’s devices and network for the purpose of identifying the User Devices. User expressly accepts this data communication and data transfer and agrees to allow it on an ongoing basis.

10.3. The Service Provider undertakes to use the data obtained in the above manner only and exclusively for the performance of its maintenance activities, does not disclose them to or allow access to such unauthorized third parties, keeps them strictly secret and ensures that these data remain confidential, and undertakes to delete such data without delay if the purpose of the processing has been achieved.

10.4. For the purposes of these GTC, an update is any modification affecting any part or element of the Spritz system, the purpose of which is to keep the Spritz system up to date, maintain it, provide a better functioning of an existing function, update, modify or repair the given system part or system element. including, in particular, modifications required by other software (eg operating system) surrounding the Spritz system.

10.5. It does not belong to the maintenance activity of the Service Provider, if the error occurred as a result of the following events and behavior in the Spritz system:

- direct damage to elemental damage,

- fracture damage during use,

- misuse, negligence or willful misconduct,

- running an installed program without or despite the service provider's advice,

- work performed by third parties,

- improper, careless use or any failure of the hardware infrastructure running the Spritz system.

10.6. The Service Provider may upgrade the Spritz system at any time with the frequency, manner, time and content specified in its own decision-making power. For the purposes of these GTC, an upgrade is to modify the whole or any part or element of the Spritz system in order to provide a function of a system that does not yet exist.

 

11. Amendments to these GTC and the contract concluded on the basis thereof

11.1. The Service Provider is entitled to amend unilaterally these GTC at its own discretion and decision-making. Reasons for amendment may include, but are not limited to:

(i) a material change in the circumstances of the Service Provider;

(ii) a material change in technology;

(iii) change in legislation;

(iv) the reason related to the operation, economic interests, technical or technical possibilities, management and circumstances affecting the service of the Service Provider.

 

11.2. The Service Provider publishes these GTC, as well as its amendment and the GTC consolidated with the amendment in a place clearly visible on its website, on the opening page of the website, or in a way that is directly accessible, stored, displayed and printed. The amendment to the GTC shall enter into force on the 5th day following its publication and the amendment to the GTC shall also apply to all contracts concluded after the entry into force of the amendment to the GTC and before that.

11.3. The Service Provider notifies the Users about the amendment of the GTC electronically in such a way that the User informs the User about the amendment of the GTC and the content of the amended GTC in a pop-up window when entering the first Spritz system after the amendment. The User accepts the amendment to the GTC by clicking before entering.

11.4. If the User does not object in writing to the Service Provider against the amendment of the GTC within 5 days from the publication or notification (whichever is later), it shall be considered as an implied conduct by which the User has expressly accepted the amendment to the GTC. If the User expressly objects to the amendment of the GTC and does not explicitly accept it, the User is entitled to terminate his / her contract with the Service Provider with 30 (thirty) days' notice in writing.

11.5. The Parties are entitled to amend the contract concluded on the basis of the terms and conditions of these GTC at any time by mutual agreement.

12. Cancellation and termination of the contract concluded on the basis of the terms and conditions of these GTC

12.1. The parties enter into a contract in accordance with these GTC for an indefinite period of time. The Service Provider is entitled to terminate its contract with the User on the basis of these GTC at any time, unilaterally, by applying a 15-day notice period, in writing, without giving reasons.

12.2. The User is entitled to terminate his contract with the Service Provider on the basis of these GTC at any time, unilaterally, by applying a 30-day notice period, in writing, without giving reasons.

12.3. The Service Provider is entitled to terminate its contract with the User with immediate effect in writing:

i) if the User exceeds the usage permit specified in these GTC;

ii) if the User seriously violates the provisions of these GTC.

12.4. The Parties are entitled to terminate the contract in accordance with these GTC in writing, at any time, by mutual agreement.

13. Miscellaneous provisions

13.1. These GTC are for an indefinite period of time. If any provision of these GTC becomes or becomes invalid, this provision shall not affect the other provisions of the GTC.

13.2. These GTC are governed by Hungarian law, and the Hungarian authorities and courts have jurisdiction to adjudicate the resulting legal disputes.

13.3. The Parties shall notify each other in writing of their notifications related to these GTC. Written delivery is considered to be personal delivery, delivery by courier, delivery by post, and delivery by e-mail if the e-mail is received from the e-mail address indicated by the Parties and its receipt has been acknowledged by the addressee.

13.4. These GTC have been prepared in two languages: Hungarian and English, in its interpretation the Hungarian version is applicable according to the rules of Hungarian law.

13.5. In matters not regulated in these GTC, the relevant provisions of Act V of 2013 on the Civil Code and Act of LXXXVI of 1999 on Copyright shall apply accordingly.

Annexes

Annex 1: Notice of Withdrawal / Termination declaration

Annex 2: Privacy Policy (@ www.spritz.mobi/privacy)

 

Date: 1 September 2020

 

J.P. Németh, CEO

SPRITZ International Ltd.

 

 

 

Annex 1

Sample Withdrawal / Termination Declaration

 

Addressee: SPRITZ International Ltd.

e-mail: info@spritz.mobi

 

I, the undersigned …………………………… .., declare that by signing this declaration, I hereby exercise my right of withdrawal / termination with respect to the use of the Spritz system.

 

 

Date of conclusion of the contract: ………………… ..

 

Username: ………………… ..

User's address: ………………… ..

 

Date: …………………………………… ..

 

 

.................................................

       User signature

(for paper statements only)

 

 

Date: 1 September 2020

 

 

J.P. Németh, CEO

SPRITZ International Ltd.