Terms and Conditions
TERMS OF USE FOR THE SMARTLUNCH SERVICE BY EMPLOYEES
§1. GENERAL PROVISIONS
The Service Provider is SmartJídlo s.r.o., with its registered office at Průmyslová 1492/12, 735 35 Horní Suchá, registered under IČO: 22255231 (hereinafter referred to as the "Service Provider").
SmartJídlo s.r.o. is part of the SmartLunch S.A. capital group, which owns 100% of the shares in SmartJídlo s.r.o. The Service Provider provides the Application to employees based on a service provision agreement concluded with the Entrepreneur.
The creator and owner of the SmartLunch application, made available to employees under the SmartLunch program, is SmartLunch S.A., with its registered office at Kutnowska 1-3, 53-135 Wrocław, entered in the National Court Register at the District Court for Wrocław-Fabryczna, VI Commercial Division of the National Court Register, under KRS number: 0000531626, VAT ID: 8943057495, REGON: 360189352 (hereinafter referred to as "SmartLunch").
These Terms establish the general conditions and rules for the use of the SmartLunch program application by employees and the services offered through it.
Definitions:
a) Application – software available on the website and via SmartBoxes if provided to the Entrepreneur under a separate agreement. The Application is an electronic access channel through which an authorized Employee can use the features of the SmartLunch program, such as ordering meals.
b) Account – a set of resources in the Service Provider’s ICT system identified by a unique name (login) and password provided by the Employer, storing Employee data.
c) Employee – an individual with full legal capacity, a self-employed individual, a legal entity, or an organizational unit without legal personality, who uses the SmartLunch Application provided by the Entrepreneur.
d) SmartLunch Program – a meal sales system providing access to menus (meal offers) of Restaurateurs via the Website, enabling Employees to order meals from the menu via the Application and have them delivered to the Entrepreneur's premises.
e) Entrepreneur – a self-employed individual, legal entity, or organizational unit without legal personality using the SmartLunch Program and providing the Application to Employees; the Entrepreneur may be a domestic or foreign entity with a branch in Poland that has concluded an agreement with the Service Provider.
f) Terms of Use – these Terms of Use established under Act No. 480/2004 Coll., on certain information society services, setting rules for the use of the Service.
g) Restaurateur – an Entrepreneur who publishes available menus (meal offers) in the Application as part of the SmartLunch program, visible to Application users for ordering.
h) Website – the website at www.smartlunch.com, where the Service Provider offers services to the Entrepreneur.
i) SmartBox – a terminal with a touchscreen enabling the use of the Application, provided to the Entrepreneur by the Service Provider.
j) Monetary Wallet – the amount of funds deposited by the Employee and displayed in the Application, used exclusively for payments within the SmartLunch program. The wallet can only show a negative balance under the conditions specified in these Terms.
k) Agreement – the service provision agreement between the Service Provider and the Entrepreneur, enabling the Entrepreneur to make separate payments through the Website; the use and operation of the Account derive from a separate agreement between the Service Provider and the Entrepreneur.
l) E-receipt – a fiscal document in electronic form.
The condition for using the SmartLunch Application is the Employee’s declaration that they have read these Terms.
To place an order and make a separate payment, the Employee must agree to the provisions of the Terms, confirmed before placing an order during the Account creation stage.
These Terms are not intended to exclude or limit any rights granted to Employees under applicable Czech law. In case of discrepancies between these Terms and the legal provisions mentioned above, the legal provisions shall prevail.
Access to these Terms is provided free of charge via a link on the homepage of the Website in a format that allows downloading, saving, and printing.
To use the Website, a computer or mobile device with Internet access and a web browser, as well as a keyboard or other pointing device enabling proper filling of electronic forms, are required.
§2. RULES OF USE
The Employee must use the SmartLunch program in compliance with applicable laws, societal norms, and good morals, respecting the personal rights of the Service Provider and third parties.
The Employee is obligated to comply with applicable Czech and international legal provisions, provide accurate information, and protect their identification data (email address and password).
The Employee may use the SmartLunch program under the conditions set forth in these Terms.
The Employee is prohibited from sending or publishing inappropriate content, including erotic or pornographic content, content violating legal and moral standards, content promoting or depicting violence, hatred, or discrimination (racial, cultural, ethnic, religious, or philosophical, etc.), content infringing personal rights, or offending the dignity of others.
The Employee must refrain from attempting to introduce malicious data (malware, including viruses, spyware, worms, etc.) into the IT system.
The Employee must:
a) use the Application for its intended purpose,
b) use the Application in a way that does not disrupt its operation,
c) respect the operation of other users and the Service Provider,
d) use information and materials available through the Application only within the permitted use,
e) refrain from actions such as sending unsolicited commercial information (spam) through the Application, using other Employees’ accounts, or sharing their Account with others.
The Employee is responsible for actions performed in connection with the use of the Application using the valid login credentials assigned to them.
The Employee must immediately notify the Service Provider of any violations of their rights related to the use of the SmartLunch Application.
§3. CONDITIONS FOR USING THE APPLICATION
The provision of services by the Service Provider within the SmartLunch program is conditional upon the proper identification of the Employee via an activation link sent by the Service Provider to the email address provided by the Entrepreneur.
Activation of the account requires the Employee to confirm that they have read these Terms.
To fully utilize the Application, the Employee must create an Account and log into the SmartLunch program via the Application using:
a) assigned login credentials and password, and
b) the SmartBox or the www.smartlunch.com service.
Upon entering the correct login credentials, the Employee is logged in and redirected directly to the Application.
By logging into the Application, the Employee declares that the personal data they provide is complete, accurate, and does not violate third-party rights. Any changes must be promptly communicated to the Entrepreneur.
The Service Provider may block or delete an Account if reliable information is received that the Account is being used unlawfully, immorally, or in a way that infringes personal rights or legitimate interests of third parties. The Service Provider will notify the Employee and the Entrepreneur of such actions via email.
The Employee bears full responsibility for damages caused by sharing their account password with third parties. Employees employed under a labor contract are liable to the Entrepreneur in accordance with applicable labor laws.
The Employee may stop using the SmartLunch Application at any time.
If the account is deleted by the Employee, the Employee must promptly inform the Entrepreneur.
Employee accounts are deleted after the termination of the agreement with the Entrepreneur.
§4. SCOPE OF SERVICES PROVIDED WITHIN THE SMARTLUNCH PROGRAM
Services offered through the Application include:
a) managing account settings,
b) accessing the list of restaurants, brief descriptions, and operating hours,
c) accessing the menu, dishes, descriptions, and categories,
d) viewing offers and promotions from Restaurateurs,
e) placing orders via a mobile device, and
f) viewing order history, status, and account balance.
An order, as referred to in section 1(e), is placed when confirmed by the Restaurateur.
To place an order, the Employee should:
a) access the Application through a web browser or SmartBox (if available at the respective Entrepreneur’s location),
b) select a meal from the Restaurateur's menu available at the location, including delivery address and time,
c) provide payment information when using a credit card, and
d) confirm the order by clicking the "Place Order" or "Order" button.
Using the Restaurateur's services is only possible during the hours specified in the application, i.e., the restaurant's operating hours.
§5. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER AND EMPLOYEE
The Employee has the right to change their password at any time. Password changes can be made through the Application or via an email link sent to the Employee.
The Service Provider is not responsible for the non-performance or improper performance of services by telecommunications operators used by the Employee or Entrepreneur.
The Service Provider declares that the Application may undergo tests to improve its quality and functionality, during which operational issues may occur. The Service Provider will strive to minimize the duration of any such inconveniences.
§6. PAYMENTS
The Employee is required to pay only the amount exceeding the subsidized value agreed between the Service Provider and the Employer.
Depending on the agreement between the Service Provider and the Entrepreneur, the Employee may make the payment in the following ways:
a) electronic payment,
b) payroll deduction, as detailed in the agreement concluded between the Service Provider and the Entrepreneur,
c) automatic deduction from the Wallet.
The prices stated in the Request are in Czech crowns (CZK) and include Value Added Tax (VAT), calculated in accordance with applicable regulations.
If the payment method specified in paragraph 1 point a) of this article is selected, the order is considered placed once the payment is successfully authorized, as confirmed by a relevant message displayed in the Application. For payments to the Restaurateur, the Service Provider concludes an agreement directly with the Employee.
If the payment method specified in paragraph 1 point c) of this article is selected, the amount is automatically deducted from the Employee's Wallet.
In the case of payments under paragraph 1 point c), the Employee is allowed to make purchases only up to the negative balance limit agreed with the Entrepreneur based on the agreement with the Service Provider in the Wallet.
If the Wallet balance becomes negative, the Employee is obligated to top up the Account to at least a zero balance immediately, i.e., by the last working day of the month in which the negative balance occurred, as prompted by a notification displayed in the Application. Failure to comply within this timeframe results in the blocking of further credit purchases.
Blocking credit purchases will prevent the Employee from purchasing meals through other means.
Confirmation of all transactions made by the Employee within the Application, including online payments, is available in the Application in the form of an e-receipt after the order is completed. Any credited balance in the Wallet is visible in the Employee's account in the Application.
The e-receipt is issued under the condition that the Employee consents to its receipt.
The Employee consents to the issuance of an e-receipt by accepting the Terms and Conditions.
The Employee will gain access to the e-receipt via a hyperlink sent by the Service Provider to the email address provided in the order. Access to a readable version of the e-receipt is equivalent to its issuance.
In case of issues accessing the e-receipt, the Employee should check the SPAM folder and promptly contact the Service Provider.
The hyperlink to the receipt will remain active for six years from its creation.
The Service Provider may additionally send the Employee a one-time notification to the phone number provided in the order, informing them that the e-receipt has been issued and delivered.
Payments specified in paragraph 1c of this article are processed via the PayU platform available at www.payu.pl, managed by PayU S.A., located at Grunwaldzka 186, 60-166 Poznań, registered under KRS: 0000274399, VAT ID: 7792308495, REGON: 300523444, listed as a national payment institution in the register of payment services maintained by the Polish Financial Supervision Authority under the number: IP1/2012.
All payments are transferred to the Service Provider's Account.
The withdrawal of unused funds from the Wallet is possible in the event of the Employee’s withdrawal from the SmartLunch program or the termination of the employment agreement between the Employee and the Entrepreneur. To request a refund of unused Wallet funds, the Employee must send an email to: podpora@smartlunch.com, including a refund request and the bank account number where the refund should be transferred. The refund will be processed within 14 working days.
Withdrawal from the SmartLunch program by the Employee or termination of employment results in the deletion of the Employee’s account by the Service Provider.
If an order is rejected by the Restaurateur, partially or entirely canceled by the Service Provider or the Restaurateur, or if a cancellation initiated by the Employee is accepted by the Restaurateur, and simultaneously the Restaurateur or Service Provider approves a user complaint requesting a refund, the payment will be refunded to the user within 14 working days.
§7. PERSONAL DATA PROTECTION
The Service Provider processes personal data in connection with their provision by the Entrepreneur, as well as based on data processing agreements concluded with the Entrepreneur. In justified cases, the Service Provider may share the Employee's personal data with the Employer, exclusively for the purpose of carrying out the appropriate payroll deductions.
More information about the processing of personal data by the Service Provider can be found in the Privacy Policy.
§8. COMPLAINTS
The Employee may file a complaint on behalf of the Entrepreneur no later than 24 hours after the scheduled delivery if the services related to the operation of the Application are not provided by the Service Provider or are not provided in accordance with the provisions of these Terms.
The complaint should include at least the following:
- the Employee's full name,
- email address,
- a detailed description of the objections raised,
- a photograph of the meal being complained about for identification purposes (if applicable).
If the details or information provided in the complaint need to be supplemented, the Service Provider will request the complainant to provide the necessary information before the complaint is reviewed.
The Service Provider is obligated to respond to the complaint submitted by the Employee within 14 days of its submission.
If the Service Provider does not respond within the time frame specified in point 4 of this paragraph, the complaint is considered justified.
Complaints can be submitted via email to: podpora@smartlunch.com, or through the Application.
The response to the complaint will be sent to the email address provided by the Employee, communicated by phone, or via the Application.
In cases of cooperation between the Service Provider and a Restaurateur who is directly part of the Entrepreneur's organizational structure, Employee complaints may be forwarded directly to the Restaurateur for resolution.
The Service Provider informs that, due to the nature of the services provided, Employees are not entitled to withdraw from the contract.
§9. LIABILITY
The Service Provider is not liable for damages resulting from improper or inappropriate use of the SmartLunch program by the Employee.
The Employee is responsible for actions performed in connection with the use of the Application using access credentials assigned to them.
The Restaurateur is liable for any non-performance or improper performance of their obligations in cooperation with the Service Provider in providing multicatering services and for all their assurances and representations related to the services provided, including actions concerning selected menu offerings from the provided menu list.
The Service Provider is not responsible for external influences or actions by third parties that the Service Provider could not control or prevent (e.g., network failures, hardware or software malfunctions in telecommunications or mobile operator networks, etc.).
The Service Provider is not liable for restrictions or technical issues in the ICT systems used by Employees that prevent or limit the use of the Application and the services offered through it.
The Service Provider is not liable for damages caused by force majeure.
In matters not governed by this paragraph, the liability of the Service Provider is determined by generally applicable legal regulations, particularly the provisions of Act No. 89/2012 Coll., the Civil Code.
§10. COPYRIGHT
All content and logos made available within the Mobile Application are subject to legal protection of personal and material copyright, which belong directly to the Smartlunch SA, Service Provider, the Restaurateur, or other entities that publish content within the Application with the Service Provider's consent.
Copying or distributing the content of the SmartLunch Application without the written consent of the Service Provider or SmartLunch SA is prohibited.
The above particularly applies to all written content, photographs, graphics, and other graphic materials.
The use of the aforementioned materials without the written consent of the Service Provider or SmartLunch SA the Restaurateur, or other entities that publish content within the Application with the Service Provider's nor Smartlunch SA consent is illegal and may lead to civil and criminal proceedings against the offenders.
§11. FINAL PROVISIONS
The Service Provider commits to overseeing the proper functioning of the Application and performing necessary updates.
The Service Provider reserves the right to impose restrictions on the use of the SmartLunch Application for maintenance, functionality improvements, and technical servicing. At the same time, the Service Provider commits to making every effort to ensure that such interruptions occur during nighttime hours and last as briefly as possible.
The Service Provider reserves the right to amend these Terms. Amendments to the Terms become effective upon their publication on the website www.smartlunch.pl and their posting within the SmartLunch Application.
Matters not regulated by these Terms are governed by generally applicable legal regulations.
If individual provisions of these Terms are declared invalid or ineffective as prescribed by law, it does not affect the validity or effectiveness of the remaining provisions of the Terms.
Any disputes will primarily be resolved amicably. However, if an amicable resolution is not possible, the competent court for resolving the dispute will be the District Court in Karviná – Havířov Branch.
These Terms are governed by and interpreted in accordance with Czech law.
These Terms come into effect on December 1, 2024.