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Terms and Conditions

REGULATIONS FOR USE OF THE SMARTLUNCH APPLICATION BY EMPLOYEES

 

§ 1. GENERAL PROVISIONS

1. The SmartLunch Program has been created by and is the property of SmartLunch S.A., which provides the services specified in these Regulations through the SmartLunch Application.

2. The following are the contact details of SmartLunch S.A. as a Service Provider for Employees under the legal relations specified in these Regulations:

SmartLunch S.A.

Kutnowska 1-3, 53-135 Wroclaw

KRS: 0001097290, NIP( Tax Identification Number): 8943057495, REGON: 360189352

contact e-mail of the Service Provider for Platform users: biuro@smartlunch.pl

Telephone number of the Service Provider: ……………………………(helpline number given on www.smartlunch.com – open from Monday to Friday 8 a.m. – 6:30 p.m.)

The Service Provider’s contact details also constitute a single point of contact for recipients within the meaning of Article 12(1) of Regulation (EU) 2022/2065 of the European Parliament and of the Council on the single market for digital services and amending Directive 2003/31/EC (hereinafter referred to as “DSA”). For the purposes of applying the DSA, the Service Provider shall establish a point of contact for the authorities of the Member States, the Commission and the European Board for Digital Services referred to in Article 61 of the DSA at the following e-mail address: biuro@smartlunch.pl

3. The Service Provider shall make the Application available to Employees on the basis of a service agreement concluded with the Entrepreneur. The provision of services by the Service Provider to Employees under these Regulations commences when the Employee starts using the Application.

4. These Regulations define the general terms and conditions and rules for Employees to use the SmartLunch Program Application and the services offered through it. The Service Provider informs that the use of the functionalities specified in these Regulations available to the Employee in the Application constitutes an electronic service within the meaning of the act on the provision of services by electronic means of 18 July 2022 (Journal of Laws of 2024, item 1513, as amended).

5. Definitions applicable in the Regulations:

a) Annulment – withdrawal by the Employee from the placed order after the period indicated in the Application in which Cancellation is permitted; in the case of Annulment of the order, withdrawal takes place when the Restaurateur consents to the cost-free withdrawal from processing the order;

b) Application – software available on the Website, within the mobile application and on Mobile Devices (if they have been made available to the Entrepreneur under a separate agreement). The Application is an electronic access channel through which authorized Employees can use the functionalities of the SmartLunch Program, including in particular placing meal orders;

c) Cafeteria Voucher – a payment option available in the Application, previously activated by the Employee in accordance with the regulations for using the Cafeteria Voucher as part of a specific cafeteria system/program;

d) Subsidy /Additional Subsidy – an amount that can be used to pay for an order placed by an Employee, funded by the Entrepreneur as part of the settlement with the Service Provider; the amount and terms of the Subsidy or Additional Subsidy – if granted to the Employee by the Entrepreneur – are visible in the Employee Account and may have, among others, a daily, monthly or percentage value – depending on the agreement concluded by the Service Provider with the Entrepreneur;

e) E-receipt – a fiscal document in electronic form, the content of which is regulated by the act on tax on goods and services of 11 March 2004. (Journal of Laws of 2025, item 775, as amended), Regulation of the Minister of Finance on cash registers of 25 June 2025 (Journal of Laws of 2025, item 845, as amended) and Regulation of the Minister of Development, Labour and Technology of on technical requirements for cash registers 12 September 2021 (Journal of Laws of 2024, item 1654, as amended);

f) Employee Account – a set of resources in the Service Provider’s IT system, identified with an individual name (login) and password provided by the Employee, for storing data relating to the Employee and the services provided to the Employee;

g) Electronic payment – payment for an order in the Application made through and under the terms specified by a given payment operator indicated in the Application;

h) Employee/ User – a natural person with legal capacity, sole trader, a legal person or an organizational unit without legal personality who uses the SmartLunch Application;

i) SmartLunch Program – a system under which the Service Provider:

  • enables Restaurateurs to make their menus (dish offers) available via the Website in order to receive orders from Employees and deliver meals to the Entrepreneur’s premises or to another collection point (made available in the Application) where the Employee is located (Multicatering Service),
  • may additionally or exclusively (without the Multicatering Service) provide an intermediary service in the settlement of purchase transactions made by Employees at the place where the Restaurateur provides catering services using the settlement system for these transactions via the Application (Settlement Intermediation Service);

j) Entrepreneur – a sole trader, a legal person or an organizational unit without legal personality that uses the SmartLunch Program and provides its Employees with the possibility of using the Application by concluding an agreement with the Service Provider; The Entrepreneur may be both a domestic and a foreign entity that has a branch in Poland and has signed an appropriate agreement with the Service Provider;

k) Deduction – a method of making payments for orders, which is available to the Employee when the Entrepreneur has been authorized by the Employee to make payments for the placed order from the Employee's wages up to a specific amount and when the Entrepreneur has concluded an agreement with the Service Provider providing for the possibility of settling orders using Deduction;

l) Discount – the value financed by the Service Provider as part of the settlement of the order placed by the Employee, expressed in PLN; the amount and conditions of the Discount, together with the period of validity of the Discount – if granted to the Employee by the Service Provider – are visible in the Employee Account;

m) Regulations – these Regulations referred to in Article 8 of the act on the provision of services by electronic means of 18 July 2002 (Journal of Laws of 2024, item 1513, as amended) – specifying, among other things, the rules of using the Application and the provision of electronic services by the Service Provider;

n) Restaurateur – a sole trader, a legal person or an organizational unit without legal personality, who, under the SmartLunch Program, delivers meals to the Entrepreneur’s registered office or to another place where Employees are present, and also makes the menu (dish offers) available via the Application which the Employees can use to place orders (as part of the Multicatering Service) or who offers and serves meals to Employees at the place of the Restaurateur’s catering business where such meals can be paid for using the funds available in the Application (as part of the Settlement Intermediation Service) – the data enabling the identification of the Restaurateur are available in the Application;

n) Cancellation – withdrawal by the Employee from the placed order within the period indicated in the Application, which does not require the Restaurateur’s consent; in the case of Cancellation of the order, the withdrawal takes place upon activation of the Cancellation;

o) Website – the website available at www.smartlunch.com, within which the Service Provider provides services to its users;

p) MoneyBox – the Employee's virtual wallet, whose balance is visible in the Application, used solely for making payments within the SmartLunch Program, which the Employee can credit with funds, which can then be used to pay for the placed orders; The MoneyBox may show a negative balance of funds only under the terms specified in these Regulations;

r) Agreement – an agreement for the provision of services available to the Employee in the SmartLunch Program via the Application; by placing an order, the Employee concludes an agreement for the delivery of the order and for the settlement of payment for the order from the funds made available to the Employee for use by the Entrepreneur or the Service Provider or from the Employee’s funds;

s) Mobile device – a touchscreen terminal enabling the use of the Application, or another device made available by SmartLunch to the Entrepreneur for use under a separate agreement.

6. The SmartLunch Application can be used only by Employees who have submitted a declaration confirming that they have read the content of these Regulations. Acceptance of the provisions of the Regulations is made before placing the first order, as part of setting up and activation of the Employee Account.

7. The provisions of these Regulations are not intended to exclude or limit any rights of Employees to which they are entitled under the mandatory provisions of Polish law, including in particular the provisions of labor law. In the event of any discrepancy between the provisions of these Regulations and the above legal provisions, the legal provisions shall prevail.

8. Access to these Regulations is provided free of charge via a link placed on the homepage of the Website in a form that enables the Employee to download, save, reproduce and print them.

 

§ 2. RULES FOR USE OF THE APPLICATION

‍1. The Employee shall use the Application in compliance with the applicable law, the rules of community life and good manners, taking into account respect for the personal rights of the Service Provider and third parties.

2. The Employee shall comply with applicable Polish and international law and shall provide accurate identification data (login and password) during the Employee Account registration process and shall keep his/her login details confidential.

3. The Employee may use the SmartLunch Program under the terms set out in these Regulations.

4. When using the Application, the Employee shall not upload any illegal content, including content that violates legal or moral standards, depicts or promotes violence, hatred, discrimination (racial, cultural, ethnic, religious, etc.), or violates the personal rights or dignity of other people.

5. The Employee shall refrain from any attempts to introduce harmful data into the Application's IT system (malware, including viruses, spyware, "worms", etc.).

6. In particular, the Employee:

a) shall use the Application in accordance with its intended purpose,

b) shall use the Application in a way that does not disrupt its operation,

c) shall use the Application in a way that is not burdensome for other users and the Service Provider, while respecting the personal rights of third parties (including the right to privacy) and any other rights they may have,

d) shall use all information and materials made available via the Application only within the scope of permitted use,

e) shall refrain from taking actions such as: sending unsolicited commercial information (so-called spam) via the Application, using the Accounts of other Employees or sharing the Employee’s Account with other Employees.

7. The Employee shall be responsible for any actions performed in connection with the use of the Application using the valid login and password assigned to him/her.

8. The Employee shall immediately notify the Service Provider of any violation of his/her rights in connection with the use of the SmartLunch Application.



§ 3. TECHNICAL CONDITIONS FOR USING THE APPLICATION

1. The Service Provider will commence the provision of services within the Application only after correct identification of the Employee, performed, among others, by clicking on the activation link sent by the Service Provider to the e-mail address or telephone number of the authorized Employee provided by the Entrepreneur, or by the Employee logging into the Application for the first time.

2. Activation of the Account requires the Employee to read and accept the content of these Regulations.

3. Activation of the Employee Account and logging in can also be done by placing the identification medium on a dedicated touch terminal including the Application. In such case, confirmation of acceptance of these Regulations must take place before placing the first order in the Application.

4. All functionalities of the Application will be available for use by the Employee after the Employee has created the Employee Account and after the Employee has logged into the SmartLunch Program via the Application using the established login and password to the Employee Account.

5. After having correctly provided the login and password, the Employee will be logged in and redirected directly to the Application. By logging into the Application, the Employee declares that the personal data provided by him/her is complete and factually accurate and does not violate any third party rights. The Employee shall immediately notify the Entrepreneur and the Service Provider in the event of any changes in this respect.

6. The Service Provider may block or delete an existing Employee Account if the Service Provider receives reasonable, credible information that the account is used in violation of the law, these Regulations, good practices or in a manner that infringes personal rights or legitimate interests of third parties. The Service Provider will immediately inform the Employee and the Entrepreneur about the above fact using the available channel of contact with the Employee.

7. The Employee shall be liable to the Service Provider for any damage caused as a result of providing third parties with access to the Account login and password or as a result of other actions infringing these Regulations.

8. To use the Application and place orders, the Employee must have:

a. a terminal device with access to the Internet and a web browser (Google Chrome recommended) with a tool enabling filling out electronic forms,

b. an active Employee Account in the SmartLunch Program,

c. an active e-mail account,

d. cookies enabled.

9. To use the Website, the Employee must have a computer or mobile device with Internet access and a web browser, as well as a keyboard or other device enabling filling out electronic forms.

 

§ 4. SCOPE OF SERVICES PROVIDED UNDER THE SMARTLUNCH PROGRAM

1. The services provided to Employees via the Application include in particular:

a) managing Employee Account settings,

b) access to the list of Restaurateurs filling orders on behalf of Employees of a given Entrepreneur, their short description and opening hours,

c) access to the menu, i.e. the dishes offered by the Restaurateur, their description and division into categories,

d) access to promotions available at the Restaurateurs' establishments,
e) possibility of placing orders,

f) possibility of withdrawing from the order or cancelling the placed order within the period indicated in the Application,

g) possibility of viewing order history, order status and the balance on the Employee Account,

h) possibility of making payments for orders placed via the Application,

i) possibility of paying for an order placed at the Restaurateur's catering establishment – if such service has been made available in the Smartlunch Program at the request of the Entrepreneur.

j) possibility of posting ratings of the meals and comments regarding the orders completed, with the average rating of the meal visible to other users of the Application and comments visible only to the Restaurateur who has delivered the order.

2. The order referred to in paragraph 1(e) of this section is placed when the order status changes in the Application, provided that there is no Cancellation of this order within the Cancellation period. After placing the order, the order is forwarded to the Restaurateur. Annulment of an order after it has been placed is possible only if, in response to the Employee’s request submitted to the Service provider, the Restaurateur agrees to such Annulment.

3. In order to place an order referred to in paragraph 1(e) of this section, the Employee should:

a) launch the Application via a web browser, mobile application or Mobile Device (if made available by a given Entrepreneur),

b) select a meal from the menu provided by the Restaurateur available at a given location, as well as the address, date and time of delivery,

c) if the Employee wishes to pay by debit or credit card – provide the contact details required for payment,

d) confirm the order by clicking the "Order and Pay" button with the due amount visible.

4. Placing orders with a given Restaurateur is only possible during the hours indicated in the Application.

5. In order to make the payment referred to in paragraph 1(i) of this section, the Employee should:

a) choose a meal from the menu provided by the Restaurateur at a given location where the Restaurateur conducts catering activities,

b) inform the Restaurateur about the intention to make payment via the Application before placing the order,

c) launch the Application in mobile form or via a web browser,

d) enter the transaction into the Application by exchanging the order code between the Employee and the Restaurateur (including a PIN code, QR code or another code),

e) confirm the order by clicking the "Order and Pay" button with the due amount visible,

f) obtain confirmation of payment in the Application.

6. The contract is concluded when the Employee completes the order by clicking the "Place an Order" or "Order" button.

7. If the Employee has placed an order, he or she should collect the order at the delivery address provided when placing the order. Orders that do not have the „best before” or „use by” dates on their labels should be consumed immediately on the date of delivery or immediately after being collected by the Employee from the Mobile Device.

8. The provision of Services in the Application by the Service Provider to the Employee is not limited in time, but the agreement for the provision of services to the Employee via the Application may be terminated by the Entrepreneur or the Employee.

9. If the Entrepreneur terminates the agreement with the Service Provider regarding access of the Entrepreneur's Employees to the Application, the Service Provider shall remove the Employee Account from the SmartLunch Program.

10. The Employee may stop using the SmartLunch Application at any time.

11. An Employee Account may be deactivated when:

  1. the Employee has submitted a request to deactivate the Employee Account to the following e-mail address: biuro@smartlunch.pl,
  2. the contract binding the Employee with the Entrepreneur, on the basis of which the Employee was registered for the Program has been terminated,
  3. the Employee has violated these Regulations.

 

§ 5. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER AND EMPLOYEE

1. The Employee may change the access password to the Employee Account at any time. The password can be changed via the Application by clicking the password reset link sent to the Employee's e-mail address or telephone number.

2. The Service Provider declares that in order to improve the quality and functionality of the Application, the Application may be subjected to tests that may cause problems with its proper functioning. At the same time, the Service Provider declares that it will make every effort to ensure that any such inconveniences are as short as possible.

 

§ 6. PAYMENTS

1. When placing an order in accordance with these Regulations, the Employee undertakes to pay the price specified in the order. The price specified in the order is the final price to be paid for the order – it includes tax and delivery costs, as well as other fees related to the completion of the order. The Employee must pay only the price of the meals ordered.

2. The Entrepreneur may grant the Employee the Subsidy which may be used in the period indicated by the Entrepreneur. In such case, the Employee is obliged to pay only the portion of the price of the ordered meal that exceeds the value of the Subsidy agreed between the Service Provider and the Entrepreneur. The value of the Subsidy for a given meal or the value of the Subsidy to be used in a daily or monthly settlement period is visible to the Employee in the Application. The subsidy automatically and first reduces the price of the ordered meal payable by the Employee.

3. The Entrepreneur may grant Additional Subsidy to the Employee, which may be used within a time period specified by the Entrepreneur. The value of the Additional Subsidy for a given meal or the value of the Additional Subsidy to be used in a daily or monthly settlement period is visible to the Employee in the Application.

4. The Service Provider may grant a Discount to the Employee, which may be used within a time period specified by the Service Provider. The value of the Discount granted by the Service Provider is visible to the Employee in the Application.

5. If the price of the meal exceeds the value of the Subsidy and the Employee is granted Additional Subsidy, then the Additional Subsidy automatically reduces the price of the ordered meal payable by the Employee.

6. If the price of the meal exceeds the value of the Subsidy and the Employee has been granted a Discount, the Discount automatically reduces the price of the ordered meal payable by the Employee.

7. If the Employee has been granted both an Additional Subsidy and a Discount, the price of the ordered meal shall be automatically reduced by the value of the Additional Subsidy or the Discount – depending on which of the two order price reduction options has an earlier expiry date.

8. If, in the Cafeteria Program, an Employee obtains a Cafeteria Voucher and activates it in the Application on the Employee Account, the value of the order payable after automatic application of the options referred to in paragraphs 1–7 above will be reduced by the value of the Cafeteria Voucher. The rules for using the funds available through the Cafeteria Voucher are specified in the Cafeteria Program Regulations available to the Employee in the Application in the event of activation of the Cafeteria Voucher.

9. The price for the order after automatic application of the options referred to in paragraphs 1–8 above, depending on the content of the agreement signed between the Service Provider and the Entrepreneur, may be paid – at the Employee's choice – by:

a) electronic payment, or

b) Deduction, or

c) debiting the MoneyBox with the amount due.

10. If the payment method referred to in paragraph 9(a) of this section is selected, the order is deemed to be placed upon positive authorization of the payment made by the Employee by the payment system operator, which is confirmed by an appropriate message displayed in the Application. In terms of intermediating payments to the Restaurateur, the Service Provider shall conclude an Agreement directly with the Employee. Payments referred to in paragraph 9(a) of this section are handled via the PayU platform available at www.payu.pl – by PayU S.A. with its registered office at ul. Grunwaldzka 186, 60-166 Poznań, KRS: 0000274399, Tax Identification Number: 7792308495, REGON: 300523444, entered as a National Payment Institution in the Register of Payment Services maintained by the Polish Financial Supervision Authority at the Polish Financial Supervision Authority under number IP1/2012. All payments shall be transferred to the Service Provider's account.

11. If payment method referred to in paragraph 9(b) of this section is selected, the order may be placed only if the Employee has previously authorized the Entrepreneur to deduct part or all of the order price from the Employee's wages and if the Entrepreneur has entered into the Application the option and limit (if applicable) for placing orders using the deduction authorization received from the Employee. By placing an order for which payment will be made as per paragraph 9(b), the Employee confirms that he or she has given the Entrepreneur authorization to deduct part or all of the price of the meal from the Employee's wages.

12. If payment referred to in paragraph 9(c) of this section is selected, the Employee’s Moneybox will automatically be debited with the amount due. All top-ups to the MoneyBox balance are visible in the Employee Account in the Application.

13. Based on the agreement between the Entrepreneur and the Service Provider, the Employee may be granted the right to generate a negative balance of funds in the MoneyBox. In the event of a negative balance of funds in the MoneyBox, the Employee – after receivig a notice displayed in the Application on the last business day of the month in which the negative balance in the MoneyBox occurred – shall immediately, i.e. on the last day of the month, top up the account to at least a balance of PLN 0.00. Failure to pay on time may result in the Employee being blocked from placing orders until the past due payment has been settled.

14. The funds constituting the Subsidy and Additional Subsidy are the property of the Entrepreneur and are not exchangeable for cash for the Employee. Moreover, the Employee is not entitled to claim any cash payment even if the value of the order placed is less than the value of the Subsidy and Additional Subsidy.

15. The funds constituting the Discount are the property of the Service Provider and are not exchangeable for cash for the Employee. Moreover, the Employee is not entitled to claim cash payment even if the value of the order placed is lower than the value of the Discount.

16. The value of the Cafeteria Voucher is not exchangeable for cash. The Employee is not entitled to claim cash payment even if the value of the order placed is less than the value of the Cafeteria Voucher.

17. In the event of cancellation of an order in accordance with the Regulations, the value of which has been reduced by the value of a Subsidy, Additional Subsidy, Discount or Cafeteria Voucher, the applied payment reduction option will be recalculated and will reduce the value of the next order placed in the period to which the given payment reduction option applies. If, as a result of the recalculation referred to in the preceding sentence, the Employee becomes entitled to a refund of funds paid by the Employee (referred to in paragraph 9 above), the Service Provider shall refund the payment using the same payment method as the one originally used by the Employee.

18. The prices in the Application are quoted in Polish zloty (PLN) and include value added tax (VAT), charged in accordance with applicable regulations.

19. The Application will display confirmations of all orders placed by the Employee using the Application. In the case of orders paid for with Employee funds, the Employee will receive confirmation of payment in the form of an e-receipt. The Employee consents to receiving e-receipts via the Application – through a link to the e-receipt available in the Employee Account. The Employee may withdraw the consent given. By accepting these Regulations the Employee consents to the issuance of e-receipts.

20. The Employee shall receive access to the e-receipt via a hyperlink provided in the Employee Account. Providing to the Employee access to a legible form of the e-receipt is equivalent to issuing the e-receipt. The hyperlink to the e-receipt will be active for 6 years from the moment of its creation.

21. The Service Provider may additionally send a one-time notification to the Employee at the telephone number provided in the order to inform him/her about the issuance and delivery of the e-receipt.

22. The Employee's funds accumulated in the MoneyBox during the period when the Employee Account is active in the Application may not be withdrawn or refunded (by transfer or in cash), nor can they be transferred to the Accounts of other Employees. In the event of deletion or deactivation of the Employee Account, the funds accumulated in the MoneyBox shall be returned to the entity that topped up the MoneyBox.

23. In the event of Annulment of the order, as well as in the event of granting the Employee's claim for a refund of the payment made by the Employee in the manner specified in paragraph 9 above, the Service Provider shall make the refund within 14 business days using the same payment method as the one used for making the original payment. In the case of electronic payment, the refund will be made for the benefit and to the account of the entity that paid for the order.

 

§ 7. PERSONAL DATA PROTECTION

1. The Service Provider shall process personal data in connection with their provision by the Entrepreneur or the Employee, as well as on the basis of personal data processing agreement concluded with the Entrepreneur.

2. From the moment of commencement of the provision of services in the Application, the Service Provider becomes the controller of the Employees' personal data. The information clause will be made available to the Employee upon activation of the Employee's Account and will be available in the Employee's Account as long as the Employee is a member of the SmartLunch Program.

3. Information on the processing of personal data by the Service Provider can also be found in the Privacy Policy available at the following link: SmartLunch | Polityka prywatności - Twoje dane, chronione

 

§ 8. COMPLAINTS

1. An Employee may file a complaint regarding the services provided in the Application, including the Multicatering Service in the SmartLunch Program, if the service was not provided in accordance with the order or was provided contrary to the provisions of these Regulations.

2. In the event of a complaint regarding a meal order, it is recommended to submit the complaint immediately, no later than 24 hours from the time of delivery of the meal, in order to enable the Service Provider to verify the validity of the complaint due to the fact that the meal is a perishable product. The burden of proving the existence of the defect rests with the Employee submitting the complaint.

3. The complaint should include at least:

  • the Employee's full name,
  • the Employee's e-mail address for complaint handling, unless the Employee submits a complaint via the chat in the Application or via the hotline,
  • a detailed description of the objections raised,
  • a photo of the meal complained about or other evidence enabling identification of the order and verification of the complaint.

4. If considering the complaint requires the provision of additional data or information, the Service Provider will ask the complainant to supplement it to the extent indicated.

5. The Service Provider shall consider the submitted complaint and shall communicate its decision to the Employee within 14 days of the receipt of the complaint.

6. Lack of response from the Service Provider after the deadline specified in paragraph 5 of this section will be regarded as acknowledgement of the complaint.

7. Complaints can be submitted by email to biuro@smartlunch.pl, by phone to the helpline number given in the Application or via a form available in the Application.

8. The response to the complaint will be sent to the e-mail address provided by the Employee or directly in the Application – with both methods enabling the download of a file with the response to the complaint. If the complaint is acknowledged, the order is not returnable and therefore the Employee will not be charged for returning the order.

9. Complaints regarding the quality or correctness of an order placed by the Employee at the Restaurateur's catering establishment, settled under the Settlement Intermediation Service, may only be submitted to the Restaurateur with whom the Employee placed the specific order – i.e. to the entity solely responsible under the Settlement Intermediation Service for the meal served and the catering service provided.

10. In accordance with Article 38(4) and 38(5) of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2024, item 1796, as amended), the Employee may not withdraw from the order if:

1) the order includes goods that are perishable or have a short shelf life;

2) the subject of the order is goods delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons if the package was opened after delivery,

except for cases where these Regulations expressly permit withdrawal from the Agreement as part of Annulment or Cancellation of the order.

11. The Service Provider informs that the European Commission operates an online dispute resolution platform. This platform is available at: http://ec.europa.eu/odr. The Service Provider reserves that the use of alternative dispute resolution mechanisms involving the Service Provider requires the consent of the Service Provider.

 

§ 9. LIABILITY

1. The Service Provider shall not be liable for any damage resulting from improper or inappropriate use of the SmartLunch Program by the Employee.

2. The Employee shall be liable for any actions performed in connection with the use of the Application using the authorization data assigned to him/her to access to the Account.

3. The Service Provider shall be liable for non-performance or improper performance of obligations by the Restaurateur as part of the Restaurateur’s business cooperation with the Service Provider in the provision of the Multicatering Service and for any assurances and declarations made by the Restaurateur regarding the services provided, including any promotions organised for selected dishes from the provided menu.

4. The Service Provider shall not be liable for the consequences of circumstances or actions of third parties that the Service Provider had no influence on or could not prevent (e.g. cable, hardware or software failures in the networks of telecommunications or mobile operators, etc.).

5. The Service Provider shall not be liable for any limitations or technical problems in the IT systems used by Employees that prevent or limit their use of the Application and the services offered through it.

6. The Service Provider shall not be liable for any damage caused by force majeure.

7. In matters not regulated in this paragraph, the Service Provider's liability shall be governed by generally applicable provisions of law, in particular the provisions of the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).

8. The Service Provider shall not be liable for the quality or correct execution of the order placed by the Employee at the Restaurateur's establishment as part of the Settlement Intermediation Service. Liability in this respect lies with the Restaurateur with whom the Employee placed the order – as the entity solely liable for the meal served and for the catering service provided as part of this service.

 

§ 10. COPYRIGHT

1. The Service Provider is the owner of the Website and the Application.

2. All content and graphic signs made available within the Application are subject to legal protection under author’s economic rights that belong directly to the Service Provider, as well as – as regards the published content – possibly to the Restaurateur or to other entities publishing within the Application with the Service Provider’s consent.

2. It is prohibited to copy and distribute the content of the Application and the Website without the written consent of the Service Provider. The above applies primarily to all written content, photos, graphics, logos and other graphic materials.

3. The use of the above-mentioned materials without the written consent of the Service Provider, Restaurateur or other entities publishing within the Application with the consent of the Service Provider is illegal and may constitute a basis for initiating appropriate proceedings against those committing such practices.

 

§ 11. FINAL PROVISIONS

1. The Service Provider shall supervise the proper functioning of the Application and shall make the necessary updates.

2. The Service Provider reserves the right to introduce restrictions on the use of the Application due to maintenance work, work on improving its functionality and technical service. At the same time, the Service Provider shall make every effort to ensure that the above-mentioned interruptions take place at night and are as short as possible.

3. The Service Provider reserves the right to amend the Regulations. Amendments to the Regulations shall come into force after 1 (one) month from the date of their publication on the website www.smartlunch.pl and placement within the SmartLunch Application.

4. Any matters not regulated in the Regulations shall be governed by generally applicable law.

5. If individual provisions of these Regulations are deemed invalid or ineffective in law, that will not affect the validity or effectiveness of the remaining provisions.

6. Any disputes in connection with these Regulations will be resolved in accordance with the Polish law (governing law) and amicably as a first step or in the presence of an independent and impartial mediator. However, if a dispute is not resolved amicably, the jurisdiction of the Court will be determined in accordance with the law generally applicable in the Republic of Poland (jurisdiction of Polish common courts).

7. These Regulations shall be interpreted in accordance with Polish law.

8. This version of the Regulations was adopted in SmartLunch Management Board Resolution No. 1/11/2025 dated 18 November 2025 and was published on www.smartlunch.com on 24 November 2025 and will be in effect as of 25 December 2025.