These Terms of Service shall prescribe the terms and conditions of using the Application of Quertes (hereinafter referred to as “Application”). Any person willing to use Quertes’ Application is obliged to become acquainted with these Terms of Service first.
If you do not accept the provisions of these Terms of Service, you may not use or access the Services. Some special functionalities provided by us may be subject to terms and conditions which are additional and supplementary to these Terms of Service. In the case of any divergence between these Terms of Service and the terms and conditions applicable to such a special functionality, the terms and conditions applicable to it shall prevail. We provide these Terms of Service and other terms and conditions regulating services to all persons concerned free of charge prior to conclusion of the Agreement, as well as—upon your request—in a way which enables you to obtain, copy and record the content of the Terms of Service by means of a teleinformatic system used by you.
Accepting these Terms of Service, you undertake to use the Services in accordance with their intended use, applicable legal provisions, social standards and rules of social conduct, and provisions of these Terms of Service. Detailed rules regarding operation of the Application shall be available in relevant tabs of the Application.
QUERTES DOES NOT MANUFACTURE OR MARKET MEALS AND BEVERAGES WHICH ARE AVAILABLE TO THE USERS WITHIN THE FRAMES OF THE APPLICATION. QUERTES DOES NOT MONITOR OR CONTROL CHEFS’ ACTIONS WITHIN THE FRAMES OF THE APPLICATION. Quertes shall provide you with a platform so that you can exchange Meals with each other. If you want to learn more about the rules and principles applicable to you in this scope, please read our FAQ available here.
The terms used in these Terms of Service shall have the following meanings:
Our Services may not be used or accessed by persons below the age of 13.
If you are between the age of 13 and 18, you may use the Services in the scope in which you may assume rights and incur obligations in accordance with the provisions of law applicable to you. If the provisions of law applicable to you require your legal custodian’s consent to use our Services, by the conclusion of the Agreement for operating the Account, at the latest, your legal custodian has to give his/her consent to its conclusion and use of the Services. If you create the Account and are a minor, you declare that you conclude the Agreement upon your legal custodian’s consent.
Subject to the foregoing limitations, in order to buy a beverage offered by the Chef you have to be at the age at which you are permitted to purchase alcoholic beverages under the legislation of the country of your residence.
Therefore, you may use the Services only if you are entitled to conclude a legally binding Agreement with Quertes and, accordingly, Sales Agreement and if provision of the Services to you is not prohibited under the law.
You may download the Application through online stores AppStore (for iOS system) or Google Play (for Android system). In order to install the Application, to update its functionalities and to enjoy them, you have to meet the following minimum technical requirements: a smartphone with the Internet access, with installed iOS 8.2 or higher (for the Application version downloaded from AppStore) or Android 4.4 or higher (for the Application version downloaded from Google Play), which enables a correct installation of the Application.
Using the Application shall be free of charge, but it may involve for you costs of data transmission resulting from agreements with telecommunication operators or other Internet providers concluded by you, and from the scope of such data transmission (downloading the Application, installing, launching and further using the Application).
We shall have the right to modify elements and functionalities of the Services, in particular to update the Application, whereby we undertake that they will not entail deterioration of our Services quality. Such modifications shall not constitute an amendment to the Agreement, but if you refuse to accept them, you may terminate the Agreement with immediate effect with no consequences from us, and remove the Application.
MEALS AND BEVERAGES
This Application is designed to provide functionalities for persons who occasionally and on a small scale prepare food to share it with other persons.
If the Meal is offered by an entity pursuing an activity which consists in production and marketing of food, such entity shall be subject to the general rules of the food law and, as any entity operating in the food industry, it is obliged to become acquainted with basic legal acts regulating the requirements in the scope of food safety—accordingly to the scope of the pursued activity. Issues connected with the production and marketing of food are regulated in particular by the provisions of European and American law and acts of the national law applicable to a particular Chef. Some legislations release from specific requirements towards entities producing or marketing food products with regard to particular scope of activity, e.g. occasional. Yet you are liable for assessing the manner in which you deliver food products to others. Learn more on such cases here in our FAQ.
As the Chef, before proceeding to use the Services you are obliged to become acquainted with relevant provisions of the food and hygiene law, and to implement them if they are applicable to your activity. If it turns out that relevant legal provisions related to the production and marketing of food are applicable to you and you fail to fulfil the requirements imposed upon you by such provisions, then as the Chef you are obliged to abide by them.
Furthermore, any person producing and/or marketing food is obliged to fulfil all requirements necessary to ensure its appropriate health quality, such as appropriate hygienic condition of the premises (kitchen) in which the Meals are produced and of the equipment of such place, in particular accessories used in the Meal production.
By the same token, entities pursuing an activity which consists in production, sale or marketing of alcoholic beverages are obliged to become acquainted with legal acts regulating such kind of activity. Furthermore, such entities are obliged to fulfil all requirements necessary to ensure correctness and, in the first place, compliance with the law and lawfulness of their activity.
In connection with the foregoing, if you are willing to become the Chef selling alcoholic beverages, you are obliged to become acquainted with and abide by relevant provisions which are applicable to such kind of activity, in particular to have valid permits required under the law prior to proceeding to use the Services.
We do not control, monitor, supervise or advise whether the Chef fulfils the legal provisions in the above specified scope in a proper manner. Therefore, Quertes shall not be held liable for improper or illegal actions undertaken by the Chef who produces, sells or markets alcoholic beverages or Meals, nor for actions of Users concluding transactions with that Chef undertaken in connection with purchasing alcoholic beverages.
The Chef shall have the right to verify the age and sobriety level of the Foodie which orders alcoholic beverages.
In order to enjoy the Services you shall have an active Account. For this purpose you shall provide your necessary personal details indicated in the Account registration form. By sending a request to create the Account, you declare and guarantee that: (a) details provided by you are true, accurate and up-to-date and they will remain so throughout the entire term of your using the Services, (b) your using the Services is and will be compliant with the law applicable in your country. Upon confirmation of registering the Account, the Agreement for an unlimited period of time shall be concluded between Quertes and you, provided that you have met the conditions for using the Services as required by the Terms of Service.
You may delete your Account at any time, without reason, by sending us a message with the request to delete the Account or by using the functionality “Remove the Account”. Your Account shall be deleted upon completion of the last active executed transaction. Deletion of the Account shall be tantamount to termination of the Agreement and shall mean that you resign from the Services. We may also delete your Account in accordance with the provisions of the Terms of Service. Along with the deletion of the Account, your Profile, Posts and Content included in your Account shall be deleted.
You shall be liable for what is happening through your Account. Hence, you may not make it available to third persons. You shall be responsible for keeping your login and password confidential. If you notice that an unauthorized person uses or used your Account, then you shall immediately notify Quertes on this. The Account shall be non-transferable.
You may not create a Profile which: (a) would be independent of your identity, in particular, it is prohibited to create Profiles which are false or which unlawfully use third persons’ name; (b) is used to send spam/unsolicited commercial information; (c) is of erotic character or otherwise violates the Application idea.
By creating the Profile, as the Chef you permit your image presented in the Profile within the frames of the Application functionalities to be disseminated, as well as declare that you have the right to give such permission.
Your Posts should be up-to-date and true and posted in an accurate and fair manner. You may not post fictitious or misleading Posts. If the Post refers to the Menu, it must also indicate the Processing Time and its territorial scope.
Posts and pictures included there should be related to the subject matter of the Application and may only present the Meal or refer to a broadly understood gastronomy, Meal preparation process or otherwise be connected with your activity as the Chef or with the Meal.
If even one Foodie places the Order within the frames of a particular Post, you may only edit its content without changing its subject matter, and its deletion shall be possible only upon completion of the last active transaction executed under such Post.
The Services and Application and their components, including design, content and avatars, shall be protected by the copyright and/or other rights related to intellectual property, such as trademarks, industrial designs or trade secrets, belonging to Quertes, with the exclusion of the Content.
Subject to relevant provisions of these Terms of Service, we grant you the licence to use the Services and Application for your own purposes, without the right to grant sublicences, which licence shall be non-transferable, unlimited in terms of territory and with a term limited to the time of your maintaining the Account. No authorization, whether indicated expressly in the Terms of Service or implied, shall transfer any intellectual property rights belonging to Quertes to you or to any third person.
The licence and other rights granted to you by Quertes shall be subject to the following restrictions: (a) you may not reproduce, disseminate, lease or dispose of or otherwise redistribute, whether directly or indirectly, against charge or free-of-charge, otherwise than through Quertes, elements of the Services and Application, (c) modify, compile, reformulate the Services, as well as use or develop the intellectual property belonging to Quertes for the purpose of creating own products and services, (d) use the intellectual property belonging to Quertes for a fraudulent purpose or to our disadvantage. Even if you use the Services or Application within the frames of fair use, you may not dispose of their copyright markings and other proprietary notices. The same applies to copies.
We may modify our Services from time to time mainly for the purpose of retaining Users’ satisfaction with the Services and of improving them. We reserve the right to modify, suspend or terminate the provision of Services (as a whole or in part), on which we may notify you before.
You undertake that by means of the Services, within the frames of the Application, you will not: (a) undertake any actions which may hinder or impede functioning of the Services, or use the Services in a manner onerous to other Users, (b) act to the disadvantage of other Users or Quertes, (c) infringe local, state, regional or national law or other legal acts, statutes or ordinances, (d) disseminate unsolicited commercial or promotional information, junk mail, spam or any other kind of message which may contain message of advertising nature or otherwise not related to the idea of the Application, (e) disseminate worms, spyware or malware, including computer viruses, use cracking or phishing, or act in any other manner which would in a prohibited manner allow to interfere in the provision of the Services or the security of their provision or Users’ data, (f) undertake actions which may affect the automation of Service use, including, among others, using scripts for the purpose of sending messages etc., (g) procure Users’ personal data in a prohibited manner and without their consent, or act in any other way which may constitute a violation of other Users’ right to privacy, (h) use the Application, in particular Qmessage, for purposes other than related to catering and culinary issues.
Any communication between the Users by means of the Services is their own interaction involving two or more parties to which Quertes is not a party, though. In connection with this, we shall be neither liable for any damage resulting from such interactions and their content, nor obliged to settle disputes between you and other User or Users resulting from such communication. You may, however, report to us any infringement of the Terms of Service in accordance with point 16, if you state that another User acts contrary to the applicable rules.
Your culpable infringement of the rights to the Services may cause one the following reactions of Quertes: (a) a warning addressed at the User, (b) blocking the access to the Account, (c) deleting the Content, (d) deleting the Account along with all Content provided within its frames, (e) preventing the User to establish an Account again.
We may block or terminate your access to the Account or Services at any time due to your culpable infringement of the provisions of these Terms of Service. Termination of provision of the Services for you shall not affect the effectiveness and binding force of the provisions of the Terms of Service covered in section 2.3, point 3, point 7, point 14, point 17 and from 19 to 21, as well as other points of the Terms of Service which, whether directly or due to their character, have to remain in force even after termination or expiration of the Agreement.
ORDER AND SALES AGREEMENT
You may place Orders by electronic means through the Application within the geographic range as determined by the Chef. The Foodie shall place the Order by means of the Application, confirming the choice of the Meal and its amount, then shall indicate payment details, his/her address data and confirm the price and mode of delivery of the Order. Having completed the Order, the Foodie shall confirm it and send it to the Chef by activating the button “Confirm and Pay”. In the course of placing the Order until activation of the button “Confirm and Pay” it shall be possible for the Foodie to identify and correct errors in the Order and to modify it through relevant functionalities of the Application.
Conclusion of the Sales Agreement shall take place upon activation of the button “Confirm and Pay” by the Foodie. Recording, securing and disclosing the content of the concluded Sales Agreement to the Foodie shall proceed through the Application in the Foodie’s Account and shall be sent to the Foodie’s e-mail address indicated by him/her while placing the Order. The Foodie who placed the Order shall receive a digital document confirming conclusion of the Sales Agreement along with its wording in a manner as described in the previous sentence.
The place of conclusion of the Sales Agreement shall be the place located at the address indicated by the Chef during the Registration from which he/she executes the Meal sale through the Application.
Quertes, being not a party to the Sales Agreement concluded between the Users, shall not be held liable for User’s failure to perform obligations resulting from it, in particular those related to the Meal quality. If, however, the Chef or Foodie fails to fulfil his/her obligations, in particular if the Chef fails to deliver the Meal indicated in the Order, then you should report such infringement to us in accordance with point 16.
You may send the Chef the Individual Order in the scope of the Offers provided by him/her; in such a case the Meal shall be prepared by the Chef according to your arrangements on the basis of the specification included in such Order. Arrangements concerning the Offer shall be carried out through Qmessage.
The Chef may response to the Individual Order by accepting or rejecting it or by proposing own conditions of the Individual Order. By confirming the conditions for preparing the Individual Order, the Chef or Foodie shall create an offer to conclude the Sales Agreement in the form of a final summary of the Order. Upon the acceptance of the Order summary by the Chef or Foodie, the Sales Agreement shall be concluded on the conditions as indicated in the Individual Order.
In the scope not regulated in this point 10, the provisions of the Terms of Service concerning the Order shall be applied accordingly to the Individual Order.
CHANGE OF THE ORDER
By means of relevant Application functionalities you may cancel the Individual Order within the frames of the Offer 48 (forty eight) hours prior to its Processing Time with the price reimbursement guarantee. The Orders from the Menu, in turn, may not be cancelled.
If you fail to abide by the time limits for cancelling the Order and you cancel it upon the lapse of the indicated time, we may not guarantee the Order price reimbursement to you.
By means of relevant Application functionalities the Chef may cancel the Order or Individual Order only due to an event beyond his/her control which was not predictable and preventable while exercising the due care, upon a prior reliable confirmation of such an event. In such a case the Foodie shall be reimbursed the total Order price immediately upon cancellation of the Order or Individual Order by the Chef.
A consumer in the European Union shall not have the right to rescind an agreement concluded from the remote in the case of delivering goods produced according to the consumer’s specification or expressly customized, delivering goods which are liable to deteriorate or expire rapidly, or providing services in the scope of catering, if the agreement prescribes a specific date or period for provision of a service.
PRICES AND PAYMENT
The prices indicated by the Chefs shall be gross prices, i.e. they include all customs and taxes. The Meal prices shall not include the costs of possible delivery. The total amount of the Order shall be calculated according to the choices made by you in the Order, in compliance with the rates indicated there. The binding price shall be indicated in the Order summary upon your sending it to the Chef. Proceeding to execute the Order shall be conditional upon your making the due payment for the Order. You are obliged to make the payment immediately upon placing the Order, but not later than within 20 minutes from placing it.
You may choose one of the following payment methods: (a) payment by means of a credit card to the bank account, (b) electronic payment by means of an external payment system PayPal operated by company PayPal (Europe) S.àr.l. et Cie, S.C.A., with its registered office at 22-24 BoulevardRoyal, L- 2449 Luxembourg.
The price of the Meal sold through the Application shall be reduced by the Fee and then transferred to the Chef to the bank account or PayPal account indicated by him/her once in a week, unless in a given week Chef’s receivables are lower than the amount of USD 50/CAD 50/EUR 50/PLN 50 or its equivalent in other currency of the country in which the Application is made available. In such a case the price of the sold Meals reduced by the Fee shall be transferred to the Chef in a week in which his/her receivables reach at least the amount of USD 50/CAD 50/ EUR 50/PLN 50. The Chef agrees to deduct the Fee amount from the payment payable by Foodie.
The limitation of USD 50/CAD 50/ EUR 50/PLN 50 referred to above shall not be applicable when the Chef deletes the Account or requests Quertes to make an earlier single payment of his/her receivables. In such cases, however, Quertes shall have the right to deduct the costs of the wire transfer of the receivables to the Chef.
The Orders shall be delivered within the geographic range as indicated by the Chef in the Post in a manner chosen by the Foodie, with a proviso that he/she may choose one of the following forms of Order delivery: (a) delivery by the Chef himself/herself or by means of a courier company, (b) personal collection at the address indicated by the Chef. The Order delivery time shall be each time indicated in the Order Processing Time, but the Chef may also specify such time by directly communicating the Foodie and indicating such time to him/her.
In order to effectively collect the Order or Individual Order, you shall present the QR Code or Order Code to the Chef or courier. In order to effectively confirm the execution of the Order, the Chef or courier is obliged to enter the Order Code or QR Code to the Application. Entering the Order Code or QR Code shall be the final confirmation of the Order execution.
The delivery costs shall be borne by the Foodie. The delivery cost shall be calculated in accordance with the delivery option chosen by the Foodie in the Order, where the price of the chosen delivery option is also indicated. The Foodie agrees to be charged with such costs, which shall be added to the Order amount in its summary.
Any data and information as well as other materials of graphic, textual or audiovisual type which you provide to the Application shall constitute the Content. When providing the Content into the Application, you warrant and represent that: (a) you are the owner or legal holder of the Content at least to the extent required pursuant to your commitment to abide by the provisions of these Terms of Service, (b) the Content does not infringe third persons’ rights, (c) using and managing the Content within the frames of the Services does not infringe third persons’ rights, (d) you are authorized to grant the Licence referred to in section 14.4.
You may not post in the Application or use within the frames of the Services any Content which may: (a) infringe personal rights or interests of third parties, (b) promote infringement of intellectual property rights, in particular copyrights, and personal interest, what involves, among others, suggesting methods facilitating infringement of such rights or encouraging such behaviours, (c) substantially diverge from the field of cooking and catering or intended use of the Services and Application, (d) propagate ideologies and methods and practices contrary to the Application’s idea, (e) be of erotic nature or for other reasons be unsuitable for persons under the age of 18, (f) contain threats, incite aggression or contain elements of unlawful violence, (g) constitute materials which may be used for unlawful, misleading, malicious or discriminating purposes, (h) evidently contradict the rules of social co-existence, common moral and social norms or rules of netiquette, (i) contain vulgarisms and phrases which may in any way violate someone’s dignity, (j) promote other websites or other Internet service providers, (k) propagate hatred based on race, nationality, denomination or worldview-related reasons.
You shall be fully and independently liable against us and third persons for the Content and any damage resulting from the use or management of the Content. You shall also be liable for the message conveyed by your Content and consequences of its dissemination. We shall neither be responsible for creating backup copies of your Content, nor liable for your losing the Content as a result of deletion of the Account. We do not endorse, represent or guarantee the completeness, accuracy or reliability of any Content posted through the Services.
Upon sharing the Content in the Application, you shall grant to Quertes a non-exclusive, free-of-charge license, with the right to grant further licenses, without any limitations as to the territory and time, to use and dispose of (in particular for marketing and advertising purposes which consist in public performance, exhibition, as well as making the Content available in a manner enabling anyone to access it where and when they see fit) the entire Content or a part of it in the scope necessary for provision and dissemination of Services in social media belonging to Quertes, in this development of derivative works on its basis.
REVIEWS AND RATINGS
Reviews and ratings may be given upon completion of the Order execution.
Actions within the frames of the review and rating system which may result in artificial overstating or understating Chefs reliability shall be prohibited.
REPORTING INFRINGEMENTS AND COMPLAINTS
Quertes shall act respecting the rights of the Users and third persons. Thus, as soon as you notice any content or other material which infringe your, other Users’ or third persons’ rights, in particular intellectual property rights, you shall necessarily notify us on such fact. In the same way you may also notify us on any infringements of the Terms of Service or the law, in particular in the following cases: (a) an attempt by a minor User to buy an alcoholic beverage through the Application, (b) failure to comply with the norms of producing and selling food, (c) non-executed or improperly executed Order, and other.
Any notification pertaining to content, materials or actions which infringe any rights should be sent to our e-mail address: firstname.lastname@example.org via mail to the correspondence address of Quertes as indicated at the beginning, or by means of the dedicated Application functionality—“Report Infringement”. The notification should include at least the following information: (a) your identification details, that is your first and last name along with the signature and e-mail address, (b) indication of the content, other materials or actions which infringe the right along with indication of the infringed right, (c) indication of the place within the Application which includes such content, material or indication of circumstances in which the law or Terms of Service were infringed, (d) declaration of acting in good faith in the scope covered by such notification.
Consequentially to the receipt of such notification, the situation reported by you will be examined, and if the notification refers to the Content or other material—the material reported by you will be examined, and for this time the access to it will be prevented. The User allegedly infringing rights will be notified on such fact in a message sent to the e-mail address indicated in the course of the Account creation procedure. Such User shall have 7 days to take a stance towards the allegation. Then, if the allegation proves justified, we will delete such material, if, on the other hand, the notification referred to other type of infringement of the Terms of Service or the law, 8.3 shall be applied.
You shall have the right to file a complaint concerning operation of the Application and Services. A complaint should include at least details enabling identification of you as the complaining person and should state reasonable reservations and comments concerning the Application or Services. You should send the complaint via e-mail to the following address: email@example.com or to the correspondence address of Quertes as indicated at the beginning. If the complaint needs to be complemented, then we will contact you and request to complete it.
We shall take a stance towards your complaint within 14 days from its receipt. You shall receive a response at the address from which you have sent the complaint, or at the address stated by you in the complaint notification form.
In the case of complaints pertaining to the Meal or Sales Agreement filed with Quertes, the Chef is obliged to immediately take over such claim or take the place of Quertes. Quertes shall intermediate in settlements, thus in the event of a justified complaint it may reimburse the Foodie the Order price, charging the Chef with the Order costs, in this possible operational costs.
We shall provide the Newsletter subscription service free of charge. In order to subscribe for the Newsletter, you may order the Service through the form available in the Application. For this purpose, it is necessary that you indicate your e-mail address.
Upon activation of the button “subscribe” or “zapisz” (“save”), the agreement for provision of the Newsletter service for an unlimited period of time shall be concluded between Quertes and you. You may at any time terminate the agreement for provision of the Newsletter service by deactivating your subscription. Resignation from the Newsletter shall proceed by activating a relevant link provided in each electronic letter sent under the Newsletter service.
In the case of failure to fulfil your obligations resulting from these Terms of Service or to abide by any of your declarations filed pursuant to these Terms of Service, you undertake to assume, at own cost, the liability of Quertes (or of our employees, co-workers, agents or other persons acting upon Quertes’ commission) in connection with any claims, losses, damage or reasons for claim resulting, whether now or in the future, directly or indirectly, from your infringing these Terms of Service, in particular of any third person’s right, in this intellectual property rights. Should Quertes satisfy third parties’ claims resulting from your activity within the frames of the Services, then you undertake to reimburse the costs incurred by us on that account, in particular the costs of legal aid. In the cases in which Quertes does not share the liability or in other cases where it makes an independent decision in such matter, Quertes shall have the right to prevent any claim and you shall be obliged to co-operate in this matter. If Quertes gets involved in a litigation, then you may not conclude a settlement without Quertes’ prior written consent.
Some jurisdictions do not permit exclusion of implied warranties, thus the foregoing may be not applicable to you. Some jurisdictions do not permit limitations as to duration of implied warranties, thus the foregoing may be not applicable to you.
The Services shall be provided on an “as-is” basis and Quertes shall expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory. We make no warranty that the Application will meet your expectations, will be available on an uninterrupted, appropriate, secure or error-free basis, or will be error-free, reliable, free of viruses or other harmful software, complete, legal or safe. If applicable law requires any warranties with respect to the provided Services, duration of all such warranties shall be limited to 90 days from the date of first use.
The Application may contain links to third-persons’ sites or resources. The User acknowledges and accepts that Quertes shall not be held liable for: (i) availability and accuracy of such third-persons’ sites or resources; or (ii) content, products or services available through such third-persons’ websites or resources. Links to such websites or resources shall not imply that Quertes endorses such websites or resources or content, products or services, available from such third-persons’ sites or resources.
SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF IMPLIED WARRANTIES, THUS THE FOREGOING EXCLUSION MAY BE NOT APPLICABLE IN YOUR CASE. SOME JURISDICTIONS DO NOT PERMIT LIMITATION OF DURATION OF IMPLIED WARRANTIES, THUS THE FOREGOING LIMITATION MAY BE NOT APPLICABLE IN YOUR CASE.
LIMITATION OF LIABILITY
To the extent permitted by law, in no event shall Quertes be liable to you or third persons for any lost profits, lost data, cost of purchase of substitute products or any damage arising from your abiding by the Terms of Service or inability to use the Application, even if Quertes is aware/has been advised of the possibility of such damage. In particular, we shall not be liable for any damage resulting from your using the Services which is contrary to the usual use compliant with its intent or the idea of the Application, and for manufacture and marketing of foods or alcoholic beverages which is incompliant with relevant provisions. Access to, and use of the Application shall be at your own discretion and risk.
SOME JURISDICTIONS DO NOT PERMIT LIMITATION OR EXCLUSION OF LIABILITY, THUS THE FOREGOING LIMITATION OR EXCLUSION MAY BE NOT APPLICABLE IN YOUR CASE. In such a case, the following provisions related to liability shall be accordingly applicable to you: Quertes shall not be held liable for any damage resulting from: (a) your infringement of the provisions of these Terms of Service, (b) your disclosure of the login or password to your Account to third persons, (c) the manner in which you use the Application or Services, (d) improper execution of the Order by the Chef, (e) a short-term lack of access or disrupted access to the Application resulting from the necessity to perform reparatory, maintenance or improvement works in the Application, with a proviso that none of the above mentioned disclaimers of liability shall limit the principle that the Users being consumers are protected by such regulations applicable in their country of habitual residence which may not be excluded by means of an agreement.
IN ANY CASE QUERTES IS NOT LIABLE FOR WHETHER YOU MANUFACTURE, MARKET OR SELL FOOD OR ALCOHOLIC BEVERAGES IN ACCORDANCE WITH THE LAW APPLICABLE TO YOU.
AMENDMENT TO THE TERMS OF SERVICE
Quertes may amend these Terms of Service due to material reasons, whether legal (amendment of generally applicable law or change of the organizational form of Quertes) or technical (modernization of the Application or Services, change of the operation manner of the Application or Services). You shall be notified on any amendment to these Terms of Service along with the reasons of such change via e-mail sent to the address at which your Account is registered 7 (in words: seven) days before the new Terms of Service come into effect. During this time, you should accept the new provisions of the Terms of Service or refuse to accept them and terminate the Agreement.
The Orders placed prior to the effective date of the amendments to the Terms of Service shall be processed in accordance with the to-date wording of the Terms of Service.
DISPUTE RESOLUTION AND ATRBITRATION
Any disputes resulting from or related to the use of the Application shall be finally settled by binding arbitration in accordance with the rules and under the auspices of ______, according to the rules of that Court applicable as at the day of filing the motion for arbitration. The proceedings shall be conducted in English by one or more arbitrators appointed according to these rules. The Parties, their representatives, any other participants and arbitrators shall be subject to confidentiality obligation with regard to the existence, subject matter and result of the arbitration. The arbitrator’s decision shall be final and binding. These Terms of Service shall prescribe settlement of disputes by means of arbitration only. Even if the governing law states otherwise, the user agrees and waives the right to participate in a group action. Some jurisdictions do not allow such limitation of seeking claims; in such a case this clause shall not be applicable to you and clause 23.2 below shall be applied.
Should any dispute arise, you may refer to an arbitration court for mediation or settlement (you may take advantage of alternative dispute resolution, ADR). To this end, at your own discretion, you should file a motion for mediation or motion for settling the case before an arbitration court. Specific information concerning access to these procedures shall be available at competent bodies, including on their websites. In other cases, the local jurisdiction of the court shall be established in accordance with the rules prescribed in a legal act applicable to the User being a consumer. Being a consumer you may also take advantage of out-of-court means of considering complaints and seeking claims by means of submitting your complaint through the EU online platform ODR available at the address: http://ec.europa.eu/consumers/odr/. Any disputes arising between the Service Provider and the User not being a consumer shall be referred to the court with the local jurisdiction over the registered office of Quertes.
Contact details and way of communicating with Quertes: (a) e-mail address: firstname.lastname@example.org; (b) correspondence address: Quertes Limited, 6-9 Trinity Street, Dublin 2, Ireland Any communications between you and us will be carried out by electronic means, via e-mail or through the Services. On the basis of these terms of service, (a) you agree for the communication between us and you to be carried out by electronic means, (b) you declare that you are aware and approve that if we reserve in such a communication that its content is binding upon you and effective in the scope of rights and obligations related to the Services, then if it is permitted by the law such a communication shall have an effect tantamount to it being signed by both Parties, with the exclusion of the situation when the law requires a written version for a given legal act to be valid.
The Application Website may include advertisements for which Quertes obtains remuneration on commercial conditions.
Information included in the Application shall not constitute an offer made by electronic means, but is an invitation for Foodies to make offers.
The governing law for liabilities resulting from the Agreements shall be Irish law, with a proviso that such choice may not result in a consumer being deprived of the protection resulting from mandatory provisions of law applicable in the consumer’s country of habitual residence.
If any provision of these Terms of Service proves invalid in part or entirely, then the other provisions shall remain effective, whereas the remaining part of the Terms of Service shall be interpreted in such a manner so as its legal effect and economic implications to the highest extent correspond to those of the invalid provisions.
These Terms of Service shall be effective as of 25 October 2016.