{"id":19040,"date":"2025-07-15T08:14:53","date_gmt":"2025-07-15T08:14:53","guid":{"rendered":"https:\/\/choiceqr.com\/?page_id=19040"},"modified":"2025-07-15T08:14:53","modified_gmt":"2025-07-15T08:14:53","slug":"terms-and-conditions-for-enabling-tipping-service","status":"publish","type":"page","link":"https:\/\/choiceqr.com\/terms-and-conditions-for-enabling-tipping-service\/","title":{"rendered":"TERMS AND CONDITIONS FOR ENABLING TIPPING SERVICE"},"content":{"rendered":"

\u00a7 1<\/span><\/p>\n

Preliminary provisions<\/span><\/p>\n

    \n
  1. These terms and conditions are issued by Choice QR s.r.o., company ID no.: 09517600, with its registered office at Na p\u0159\u00edkop\u011b 857\/18, Nov\u00e9 M\u011bsto, 110 00 Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 337491.<\/span><\/li>\n
  2. Unless the context otherwise requires, the following words and expressions used in these Terms shall have the following meanings:<\/span><\/li>\n<\/ol>\n
      \n
    1. \u201cAccount\u201d\u00a0means<\/span>\u00a0the individual access data of the User created under Terms for Users;<\/span><\/li>\n
    2. \u201cData\u201d\u00a0means\u00a0<\/span>the data processed within the Tipping Service;<\/span><\/li>\n
    3. \u201cOperator\u201d means the company defined section 1 above;<\/span><\/li>\n
    4. \u201cPartner\u201d means the operator of a restaurant or other business providing gastronomic services, or another partner (natural or legal person doing business), whose Products are offered;<\/span><\/li>\n
    5. \u201cPlatform\u201d means the created by the Operator website of the Partner, which website is provided according to the Terms for Users;<\/span><\/li>\n
    6. \u201cProducts\u201d means the Partner\u2018s products and services offered and sold by the Partner for direct and immediate consumption;<\/span><\/li>\n
    7. \u201cPrice List\u201d means\u00a0<\/span>the Operator’s price list available in its current form, always at https:\/\/choiceqr.com\/ and forming an integral part of the Terms;<\/li>\n
    8. \u201cRegistered User\u201d means person that has an access to user account within the meaning of Terms for Users;<\/span><\/li>\n
    9. \u201cServices\u201d mean Tipping Service and Platform;<\/span><\/li>\n
    10. \u201cStatement\u201d\u00a0means\u00a0<\/span>statement of withdrawal from the Terms;<\/span><\/li>\n
    11. \u201cTipping Service\u201d means a technical solution on the Platform that enables to<\/span>\u00a0leave gratuity for the Waiter by use of a QR code that is unique to the Waiter that lead to the respective Platform;<\/span><\/li>\n
    12. \u201cTerms\u201d mean these Terms;<\/span><\/li>\n
    13. \u201cTerms for Users\u201d mean terms and conditions available at: www.choiceqr.com<\/span><\/li>\n
    14. \u201cUser\u201d means a (i) natural person that has full legal capacity, or (ii) legal person, using Tipping Service in order to leave gratuity to the Waiter;<\/span><\/li>\n
    15. \u201cWaiter\u201d means a natural person using Tipping Service in order to receive gratuity from the User;<\/span><\/li>\n
    16. \u201cWaiter Account\u201d means individual access data of the Waiter created under Terms.<\/li>\n<\/ol>\n
        \n
      1. The Terms specify the principles for:<\/li>\n<\/ol>\n
          \n
        1. using Tipping Service by the Waiter;<\/span><\/li>\n
        2. using Tipping Service by the User.<\/span><\/li>\n<\/ol>\n
            \n
          1. The Parties confirm and agree, that p<\/span>roviding Platform by the Operator to the Waiter and User is governed by the then-current Terms for Users.<\/span><\/li>\n
          2. The Terms with the Waiter are concluded for indefinite period of time; the Terms with the User are concluded for defined term since the time of starting using of Tipping Service till the time of completion of\u00a0leaving single gratuity for the given Waiter.<\/span><\/li>\n
          3. The Parties confirm and agree, that if natural person is a User, then only person over 18 years old that has full capacity to act may be party to these Terms.<\/span><\/li>\n
          4. For avoidance of doubts the parties indicate, that using the Tipping Service shall not result in the establishment of any employment relationship, contract of mandate or other legal relationship of a similar nature between the Waiter and the Operator. In\u00a0particular, due to the Waiter’s acceptance of the Terms, the Operator does not become an employer, principal or party to the cooperation agreement.<\/span><\/li>\n
          5. The parties acknowledge and agree that for the purpose of putting cashless payments into operation and using Tipping Service by the Waiter,\u00a0Adyen N.V. (a public company registered in the Netherlands under company number 34259528 whose registered office is at Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, the Netherlands; hereinafter “Adyen”) acts as a payment processor<\/span>.<\/span><\/li>\n
          6. The Operator only provides a technical infrastructure facilitating the transfer of funds from User to Waiter. The Operator is not a party to the legal relationship between the User and the Waiter with regard to the funds received by the Waiter. The Operator has no own power over the allocation of funds (especially does not create any common pool of funds) – does not actively participate in the transfer of funds. The funds do not become the property of the Operator at any time – each transfer of the funds with use of Tipping Service is automatically assigned to the to the Waiter selected by the User, i.e. Waiter’s Payment Gateway Account defined in \u00a7 3 section 5, based on the Waiter’s unique identifier.<\/span><\/li>\n<\/ol>\n

            \n

            \u00a7 2<\/span><\/p>\n

            Use of the Tipping Service<\/span><\/p>\n

              \n
            1. The Tipping Service requires:<\/span><\/li>\n<\/ol>\n
                \n
              1. having Internet access;<\/span><\/li>\n
              2. in case of the Registered User: having Account under Terms for Users;<\/span><\/li>\n
              3. in case of the Waiter: having Waiter Account as provided under section 2 below;<\/span><\/li>\n
              4. the latest version of one of the following web browsers:<\/span><\/li>\n<\/ol>\n
                  \n
                1. Microsoft Edge;<\/span><\/li>\n
                2. Google Chrome;<\/span><\/li>\n
                3. Mozilla Firefox;<\/span><\/li>\n<\/ol>\n
                    \n
                  1. the activation of JavaScript and cookies in the browser stated in point 4 above;<\/span><\/li>\n
                  2. payment card or online bank account.<\/span><\/li>\n<\/ol>\n
                      \n
                    1. The Waiter shall be allowed to use Tipping Service after creating Waiter Account that requires entering the mandatory data, i.e.:<\/span><\/li>\n<\/ol>\n
                        \n
                      1. name and surname or business name;<\/span><\/li>\n
                      2. e-mail address;<\/span><\/li>\n
                      3. phone number;<\/span><\/li>\n
                      4. invoicing data (business name, tax no. and address).<\/span><\/li>\n<\/ol>\n
                          \n
                        1. The User who is willing to use Tipping Service shall:<\/span><\/li>\n<\/ol>\n
                            \n
                          1. scan QR respective QR code available in the local of the Partner which leads the User to have an access to the Platform including Tipping Service;<\/span><\/li>\n
                          2. in case of Registered User \u2013 log in to the Account;<\/span><\/li>\n
                          3. choose amount to be transferred to the Waiter;<\/span><\/li>\n
                          4. accept these Terms and other terms provided in the Platform.<\/span><\/li>\n<\/ol>\n
                              \n
                            1. There are the following payment methods available in Tipping Service, which are provided by Adyen:<\/span><\/li>\n<\/ol>\n
                                \n
                              1. BLIK;<\/span><\/li>\n
                              2. Payment card;<\/span><\/li>\n
                              3. Apply Pay;<\/span><\/li>\n
                              4. Przelewy24.<\/span><\/li>\n<\/ol>\n
                                  \n
                                1. The User may transfer the funds with use of Tipping Service on voluntary basis. The funds that may be transferred to the Waiter are an optional amount of money transferred at the User\u2019s discretion – failure to provide them does not result in any obligations or negative consequences for the User. The amount of the funds is determined each time solely by the User and is not part of the payment for the Partner or for the Operator.<\/span><\/li>\n
                                2. The Operator does not charge any own commission on the transfer of the funds, but the actual transactional costs charged by the Adyen may be deducted according to \u00a7 3 section 7-9).<\/span><\/li>\n
                                3. The obligations to settle tax on any funds received with regard to Tipping Service are borne solely by the Waiter. Funds received in a given tax year shall be reported and settled independently by the Waiter in accordance with applicable regulations. The Waiter acknowledges that the Operator does not act as an income tax payer with regard to these funds, which means that the Waiter independently pays the income tax due on the funds received, if the applicable law requires.<\/span><\/li>\n
                                4. The Operator acts solely as a technical service provider and does not provide tax advisory services to any party, and shall not be liable for any tax consequences to the Waiter or the Partner resulting from the use of the Tipping Service. The Operator recommends that in case of any doubts, one shall consider obtaining an individual tax ruling from the applicable tax authorities regarding their tax obligations related to funds received or transferred with regard to the Tipping Service.<\/span><\/li>\n<\/ol>\n

                                  \n

                                  \n

                                  \n

                                  \u00a7 3<\/span><\/p>\n

                                  Using payment processor by the Waiter and the User<\/span><\/p>\n

                                    \n
                                  1. For the purpose of putting cashless payment into operation and using Tipping Service the Waiter expressly agrees to the connection of the payment gateway, which means Waiter on his\/her own behalf enters into a contractual relationship with Adyen as the company operating the relevant payment gateway. In the case of connecting to Adyen, the Waiter will be asked to:<\/span><\/li>\n<\/ol>\n
                                      \n
                                    1. review and accept the Adyen Terms of Service for Platforms (AfP Terms and Conditions) and the Adyen Prohibited and Restricted Products and Services list. A direct link to Adyen’s general terms and conditions, which include these documents, is available at:\u00a0https:\/\/www.adyen.com\/cs_CZ\/legal<\/a><\/span>. The Waiter acknowledges that the Waiter has the opportunity to check the terms the Waiter is agreeing to before final confirmation\/acceptance;<\/span><\/li>\n
                                    2. confirm that the agreement for the provision of payment services is entered into directly between the Waiter and Adyen.<\/span><\/li>\n<\/ol>\n
                                        \n
                                      1. The Waiter expressly consents to the Adyen AfP Terms and Conditions (“Adyen Connected Account Agreement”) and any other related Adyen documents and terms presented by the Operator or Adyen for acceptance. The Waiter acknowledges and accepts that the stated Adyen terms and conditions may be subject to changes and additions, of which they will be informed by Adyen.<\/span><\/li>\n
                                      2. The Waiter declares and undertakes to use the Adyen payment services made available solely for the purpose of receiving funds from the User, in accordance with the type of business declared by the Waiter during the application\/registration process.<\/span><\/li>\n
                                      3. The Waiter acknowledges and agrees that fees related to the connection and use of the Adyen payment gateway (“Payment Gateway Fees”) are applicable and are charged to the Waiter according to the Terms.<\/span><\/li>\n
                                      4. For all cashless payments with regard to the Tipping Service made online via the Adyen payment gateway, the relevant amounts are collected in a virtual account associated with the Adyen payment gateway assigned to the Waiter (hereinafter referred to as the Payment Gateway Account).<\/span><\/li>\n
                                      5. From the Payment Gateway Account amounts are remitted periodically (e.g. once a week, or at other intervals individually agreed by the parties involved or set by Adyen) based on the Waiter’s instructions, or automatically according to the settings of Adyen to the Waiter\u2019s bank account specified by the Waiter in the amount corresponding to the accumulated amounts.<\/span><\/li>\n
                                      6. The Waiter expressly agrees that the Payment Gateway Fees will be deducted from the amounts received by the Waiter with regard to the Tipping Service in the event that payments are made by cashless payment by a payment card online through the Adyen payment gateway.<\/span><\/li>\n
                                      7. In connection with the payment services mentioned in sections above, the Waiter agrees to pay Payment Gateway Fees, which will be the then-current amount specified at Price List, which may be unilaterally and automatically changed. These fees are exclusive of VAT. The Payment Gateway Fees may be automatically adjusted in the Price List to reflect changes in interchange fees resulting from the type of transactions processed via the Adyen payment gateway. The Waiter will be notified of any such changes in advance before they are applied.<\/span><\/li>\n
                                      8. The Payment Gateway Fees pursuant to section 8 above the Operator is entitled to transfer from the Payment Gateway Account to the benefit of the Operator’s bank account, with which the Partner expressly agrees.<\/span><\/li>\n<\/ol>\n

                                        \n

                                        \u00a7 4<\/span><\/p>\n

                                        Obligations of the Operator<\/span><\/p>\n

                                          \n
                                        1. The Operator enables using Tipping Service in accordance with the Terms.<\/span><\/li>\n
                                        2. Information about the Tipping Service on:<\/span><\/li>\n<\/ol>\n
                                            \n
                                          1. their functionalities;<\/span><\/li>\n
                                          2. technical protection measures;<\/span><\/li>\n
                                          3. availability of technical support;<\/span><\/li>\n
                                          4. important for compatibility and interoperability reasons;<\/span><\/li>\n<\/ol>\n

                                            are provided at https:\/\/choiceqr.com<\/span><\/p>\n

                                              \n
                                            1. The Operator may use subcontractors when providing the Tipping Service.<\/span><\/li>\n
                                            2. The Operator may change any of the functionalities of the Tipping Service, at any time. The Operator may inform of the change in the functionalities.<\/span><\/li>\n
                                            3. If the party is a consumer or consumer regulations apply to him\/her:<\/span><\/li>\n<\/ol>\n
                                                \n
                                              1. the change referred to in section 4 above may be made only for legitimate reasons, in particular such as removing defects, adapting them to the needs of parties, adapting them to legal changes or decisions of courts and authorities;<\/span><\/li>\n
                                              2. the Operator is obliged to inform the party in a clear and understandable manner about the change being made, as referred to in section 4 above;<\/span><\/li>\n
                                              3. if the change referred to in section 4 above materially and adversely affects the party\u2019s access to or use of the Tipping Service, the Operator shall be obliged to inform the party in advance of the nature and timing of the change and the right to terminate the Terms;<\/span><\/li>\n
                                              4. in the case referred to above, the party may terminate the Terms without notice within 30 days from the date of the said change or the notice of such change, if the notice was made after the change.<\/span><\/li>\n<\/ol>\n
                                                  \n
                                                1. The Operator is obliged to delete or return the Data after 60 days from the date of termination of the Terms with regard to the Tipping Service, at the party\u2019s option. After the period referred to above, the Operator shall delete the Data and shall not be obliged to store or release the Data. In the course of providing the Tipping Service, the release of Data may be made by separate arrangements.<\/span><\/li>\n<\/ol>\n

                                                  \n

                                                  \n

                                                  \u00a7 5<\/span><\/p>\n

                                                  Obligations of the Waiter and the User<\/span><\/p>\n

                                                    \n
                                                  1. The Waiter and the User shall use the Tipping Service in a lawful manner; in particular, the Waiter and the User shall use the Tipping Service in the way not to violate their obligations, including obligations under legal regulations specific to the industry in which the party operates.<\/span><\/li>\n
                                                  2. The Waiter and the User shall use the Tipping Service using secure connections and devices.<\/span><\/li>\n
                                                  3. The Waiter and the User is not obliged to share any information related to the Account or Waiter Account with any third parties.<\/span><\/li>\n
                                                  4. The Waiter and the User shall promptly notify the Operator in documentary form of any identified or probable abuse or unlawful activity related to the Tipping Service, including the transfer or loss of information, e.g. login credentials.<\/span><\/li>\n<\/ol>\n

                                                    \n

                                                    \u00a7 6<\/span><\/p>\n

                                                    Data in the Tipping Service<\/span><\/p>\n

                                                      \n
                                                    1. In connection with the Tipping Service any Data shall be used which:<\/span><\/li>\n<\/ol>\n
                                                        \n
                                                      1. are unlawful in the country where the party uses the Tipping Service or unlawful in another country;<\/span><\/li>\n
                                                      2. unethical or misleading;<\/span><\/li>\n
                                                      3. violating the law, in particular when obtained in an unauthorized manner;<\/span><\/li>\n
                                                      4. in any way alluding to pedophilia, racism, fanaticism or containing pornographic material, or allowed only for adults.<\/span><\/li>\n<\/ol>\n
                                                          \n
                                                        1. The parties agree that they:<\/span><\/li>\n<\/ol>\n
                                                            \n
                                                          1. shall not take actions that may compromise the security of the Tipping Service;<\/span><\/li>\n
                                                          2. shall not use the Tipping Service in a manner contrary to their intended purpose;<\/span><\/li>\n
                                                          3. shall not participate in any way in attacks on computer systems, especially DoS or DDoS attacks.<\/span><\/li>\n<\/ol>\n

                                                            \n

                                                            \u00a7 7<\/span><\/p>\n

                                                            Confidentiality<\/span><\/p>\n

                                                            The parties undertake to maintain the confidentiality of confidential information and all facts that constitute the subject of the parties’ trade secrets. In particular, all information relating to the contracting parties that is subject to protection under intellectual property regulations (e.g. information on information systems, know-how and their individual parts) is considered confidential information. The parties agree, that the Operator is allowed to disclose the above mentioned information to its business partners and subcontractors.<\/span><\/p>\n

                                                            \n

                                                            \u00a7 8<\/span><\/p>\n

                                                            Non-performance<\/span><\/p>\n

                                                              \n
                                                            1. If the respective party is a consumer or the provisions about consumers apply to the party, the provisions of this \u00a7 8 shall apply.<\/span><\/li>\n
                                                            2. If the Operator has not delivered Tipping Service immediately or within the agreed additional time limit, the party may withdraw from the Terms. The party has the right to withdraw from the Terms without calling the Operator to deliver the Tipping Service when:<\/span><\/li>\n<\/ol>\n
                                                                \n
                                                              1. it is clear from Operator\u2019s statement or from the circumstances that the Operator will not provide the Tipping Service;<\/span><\/li>\n
                                                              2. the parties have agreed or it is clear from the circumstances that the specified time limit for the delivery of the Tipping Service was of material importance to the party, and the party failed to deliver it within this time limit.<\/span><\/li>\n<\/ol>\n
                                                                  \n
                                                                1. Subject to section 11 below, the each party has the right to withdraw from the Terms without giving any reason and without incurring any costs within 14 days from the date of conclusion of the Terms. The right to withdraw from the Terms is exercised by the party by submitting to the Operator a statement of withdrawal from the Terms.<\/span><\/li>\n
                                                                2. In the event of withdrawal from the Terms, the party shall stop using the Tipping Service.<\/span><\/li>\n
                                                                3. Sending the Statement before the expiration of the time limits referred to in section 3 above is sufficient to meet the time limit for withdrawal from the Terms.<\/span><\/li>\n
                                                                4. The party may submit the Statement in electronic or paper copy, in particular using the form attached as Annex 2 to the Consumer Rights Act.<\/span><\/li>\n
                                                                5. If the Statement is selected in electronic copy, the party shall send an email message to the address stated in \u00a7 17, with:<\/span><\/li>\n<\/ol>\n
                                                                    \n
                                                                  1. the data of the party;<\/span><\/li>\n
                                                                  2. phone number;<\/span><\/li>\n
                                                                  3. e-mail address;<\/span><\/li>\n
                                                                  4. the statement of withdrawal from the Tipping Service;<\/span><\/li>\n<\/ol>\n
                                                                      \n
                                                                    1. The Operator shall send an acknowledgement of receipt of the Statement immediately upon its receipt by email.<\/span><\/li>\n
                                                                    2. In the event of withdrawal from the Terms, the party shall not \u2013 from the date of receipt of the Statement \u2013 use content other than personal data provided or generated by the party in the course of using the Tipping Service, except content which:<\/span><\/li>\n<\/ol>\n
                                                                        \n
                                                                      1. is useful only in connection with the Tipping Service and which constituted the subject matter of the Terms;<\/span><\/li>\n
                                                                      2. applies only to the party\u2019s activities during the use of the Tipping Service provided by the Operator;<\/span><\/li>\n
                                                                      3. has been merged by the Operator with other data and cannot be separated from it, or can only be separated with disproportionate effort;<\/span><\/li>\n
                                                                      4. was produced by the party jointly with others who can still use them.<\/span><\/li>\n<\/ol>\n
                                                                          \n
                                                                        1. The Operator shall make available to the party, at the party\u2019s request and at his\/her expense, within a reasonable time and in a commonly used machine-readable format, the content produced or provided by the party during the use of the Tipping Service, other than personal data, with the exception of the content referred to above in section 9 points 1-3.<\/span><\/li>\n
                                                                        2. The party shall not have the right to withdraw from the Terms, for which the party is obliged to pay the compensation, if the performance has begun with the express and prior consent of the party, who was informed before the performance began that, after the performance, he\/she will lose the right to withdraw from the Terms, and he\/she accepted it.<\/span><\/li>\n
                                                                        3. The party is obliged to promptly return the payment due as a result of exercising the right of withdrawal from the Terms or reduction of remuneration, no later than within 14 days counted from the date of receipt of Statement or statement on reduction of the compensation. Refund of payment is made by using the same method of payment that was used in the original transaction, unless it is specifically indicates a different method of refund. The party shall not bear the cost of returning the payment made.<\/span><\/li>\n<\/ol>\n

                                                                          \n

                                                                          \u00a7 9<\/span><\/p>\n

                                                                          Responsibility for Tipping Service<\/span>\u00a0compliance with Terms<\/span><\/p>\n

                                                                            \n
                                                                          1. If the party is a consumer or the provisions about consumers apply to him\/her, the provisions of this \u00a7 9 shall apply to him\/her.<\/span><\/li>\n
                                                                          2. If the Tipping Service does not correspond to the Terms, the party may demand that it be brought into compliance with the Terms.<\/span><\/li>\n
                                                                          3. The Operator may refuse to bring the Tipping Service into compliance with the Terms if bringing it into compliance with the Terms is impossible or would require excessive costs for the Operator.<\/span><\/li>\n
                                                                          4. The Operator shall bring the Tipping Service into conformity with the Term within a reasonable time from the moment the Operator is informed by the party of its non-conformity with the Terms, and without undue inconvenience to the party, taking into account its nature and the purpose for which it is used.<\/span><\/li>\n
                                                                          5. If the Tipping Service is not in compliance with the Terms, the party may submit a statement on reduction of the compensation or on the withdrawal from the Terms when:<\/span><\/li>\n<\/ol>\n
                                                                              \n
                                                                            1. bringing the Tipping Service into compliance with the Terms is impossible or requires excessive costs;<\/span><\/li>\n
                                                                            2. the Operator failed to bring the Tipping Service into compliance with the Terms;<\/span><\/li>\n
                                                                            3. the non-compliance of the Tipping Service continues despite Operator\u2019s attempts to bring the Tipping Service into compliance;<\/span><\/li>\n
                                                                            4. the non-compliance of the Tipping Service is so significant as to justify a reduction of the compensation or cancellation of the Terms without first resorting to the measures stated above;<\/span><\/li>\n
                                                                            5. it is clear from the statement of the Operator or from the circumstances that Operator will not bring the Tipping Service into compliance with the Terms within a reasonable time or without undue inconvenience to the party.<\/span><\/li>\n<\/ol>\n
                                                                                \n
                                                                              1. The party may not withdraw from the Terms if the Tipping Service is provided in exchange for payment of the compensation and the Tipping Service\u2019s non-compliance with the Terms is immaterial.<\/span><\/li>\n<\/ol>\n

                                                                                \n

                                                                                \u00a7 10<\/span><\/p>\n

                                                                                Liability<\/span><\/p>\n

                                                                                  \n
                                                                                1. The Operator shall only be liable for damages caused by Operator\u2019s gross negligence. The Operator\u2019s total aggregate liability for such damages shall not exceed the amounts received by the Waiter. To the remaining permissible extent, Operator\u2019s liability is excluded.<\/span><\/li>\n
                                                                                2. Operator shall not be liable for damages caused by gross negligence referred to in section 1 if:<\/span><\/li>\n<\/ol>\n
                                                                                    \n
                                                                                  1. the Waiter uses the Tipping Service over an improperly secured internet connection, in particular a public WLAN;<\/span><\/li>\n
                                                                                  2. the Waiter uses the Tipping Service with an improperly secured device, e.g. without antimalware software enabled;<\/span><\/li>\n
                                                                                  3. the functionalities of the Tipping Service have been changed or removed;<\/span><\/li>\n
                                                                                  4. an unauthorized person has been given the opportunity to use the Tipping Service;<\/span><\/li>\n
                                                                                  5. the damage occurred in relation to the Internet connection.<\/span><\/li>\n<\/ol>\n
                                                                                      \n
                                                                                    1. Operator\u2019s liability is excluded if the damage was caused by force majeure. Force majeure shall mean external events such as, in particular, fire, war, epidemic, flood, communication blockages.<\/span><\/li>\n
                                                                                    2. If the party is a consumer or consumer regulations apply to the party, the provisions of sections 1-3 above do not apply.<\/span><\/li>\n<\/ol>\n

                                                                                      \n

                                                                                      \u00a7 11<\/span><\/p>\n

                                                                                      Copyright<\/span><\/p>\n

                                                                                        \n
                                                                                      1. Any works, descriptions of the Tipping Service and other materials made available in connection with the Services are the intellectual property of the Operator or authorized third parties.<\/span><\/li>\n
                                                                                      2. Each party shall not to engage in any modification, disassembly or reverse engineering of the Tipping Service, or take any action that results in knowledge of part or all of the code of the Tipping Service.<\/span><\/li>\n<\/ol>\n

                                                                                        \n

                                                                                        \u00a7 12<\/span><\/p>\n

                                                                                        Personal data<\/span><\/p>\n

                                                                                          \n
                                                                                        1. The Operator undertakes to process Data, including personal data, in accordance with the Terms and the privacy policy available at:\u00a0https:\/\/choiceqr.com\/privacy-policy\/<\/a><\/span>\u00a0The Operator undertakes to process Data, including personal data, for the purpose of providing the Tipping Service and for the purpose of fulfilling obligations under generally applicable laws or rulings and decisions of authorities and courts.<\/span><\/li>\n
                                                                                        2. A User who is a legal entity or an organizational unit without legal personality is obliged to inform the persons whose data will be transferred to the Operator in connection with the performance of Tipping Service about the content of the information obligation at: www.choiceqr.com with the principle of accountability.<\/span><\/li>\n<\/ol>\n

                                                                                          \n

                                                                                          \u00a7 13<\/span><\/p>\n

                                                                                          Maintenance<\/span>\u00a0breaks<\/span><\/p>\n

                                                                                          The Operator has the right to apply maintenance breaks during the provision of the Tipping Service as provided for the Platform according to the Terms for Users.<\/span><\/p>\n

                                                                                          \n

                                                                                          \u00a7 14<\/span><\/p>\n

                                                                                          Termination<\/span><\/p>\n

                                                                                            \n
                                                                                          1. Either party has the right to terminate the Terms with regard to the Tipping Service upon 30 days’ notice.<\/span><\/li>\n
                                                                                          2. The Operator shall be entitled to terminate the Terms with regard to the Tipping Service with immediate effect if the Operator is entitled to suspend the Tipping Service.<\/span><\/li>\n
                                                                                          3. Either party to the Terms has the right to terminate the Terms for valid reasons only with 30 days’ notice.<\/span><\/li>\n
                                                                                          4. The party may at any time and without any reason terminate the Terms in the scope of the Account or Waiter Account with immediate effect by deleting them.<\/span><\/li>\n
                                                                                          5. Termination requires documentary form under pain of nullity.<\/span><\/li>\n
                                                                                          6. The Operator may suspend the provision of the Tipping Service if the party violates the provisions of the Terms and does not comply with demand to cease the violation within 7 days from receipt of the demand.<\/span><\/li>\n<\/ol>\n

                                                                                            \n

                                                                                            \u00a7 15<\/span><\/p>\n

                                                                                            Complaint procedure<\/span><\/p>\n

                                                                                            The complaint procedure available to the parties is provided in Terms for Users.<\/span><\/p>\n

                                                                                            \n

                                                                                            \u00a7 16<\/span><\/p>\n

                                                                                            Out-of-court dispute resolution<\/span><\/p>\n

                                                                                            If the User or Waiter is a consumer or consumer regulations apply to him\/her, the party has the opportunity to use out-of-court means provided in Terms for Users.<\/span><\/p>\n

                                                                                            \n

                                                                                            \u00a7 17<\/span><\/p>\n

                                                                                            Final provisions<\/span><\/p>\n

                                                                                              \n
                                                                                            1. These Terms are governed by Polish law. If the User or Waiter is a consumer or consumer regulations apply to him\/her, this section 1 does not deprive of the protection granted by the laws of the country of his\/her habitual residence, which cannot be excluded under the agreement.<\/span><\/li>\n
                                                                                            2. Disputes related to the Terms, if any, will be settled by the competent court in Warszawa. If the party is a consumer or consumer regulations apply to him\/her, this section 2 shall not apply.<\/span><\/li>\n
                                                                                            3. Subject to sections 4-5 below, Operator may amend the Terms at any time with immediate effect, subject to publication of the Terms. In particular, the Operator may change the content of the websites referred to in the Terms.<\/span><\/li>\n
                                                                                            4. If the User or the Waiter is a consumer or consumer regulations apply to him\/her, the Operator has the right to amend the Terms in the following cases:<\/span><\/li>\n<\/ol>\n
                                                                                                \n
                                                                                              1. changes in the scope of the Tipping Service provided, including the introduction of new ones;<\/span><\/li>\n
                                                                                              2. improving the protection of Users’ privacy;<\/span><\/li>\n
                                                                                              3. technological changes;<\/span><\/li>\n
                                                                                              4. security reasons;<\/span><\/li>\n
                                                                                              5. changes in laws directly affecting the content of the Terms;<\/span><\/li>\n
                                                                                              6. imposition of certain obligations by state authorities;<\/span><\/li>\n
                                                                                              7. editorial changes.<\/span><\/li>\n<\/ol>\n
                                                                                                  \n
                                                                                                1. The changes referred to in section 4 above with respect to the party who is a consumer or to whom consumer provisions apply shall become effective no less than 14 days from the date of notifying of the changes and making the amended Terms available. If the respective party does not accept the changes to the Terms, in order to terminate the Terms, the party shall notify the Operator not later than 14 days from the date of notification of the changes to the Terms using the complaint procedure referred to in \u00a7 15 of the Terms. Termination by the party of the Terms shall take effect 14 days after the party is notified of the changes to the Terms.<\/span><\/li>\n
                                                                                                2. If the Terms refer to documentary form, the parties shall use the following email address:<\/span><\/li>\n<\/ol>\n
                                                                                                    \n
                                                                                                  1. Waiter \u2013 the -e-mail indicated in the Waiter Account;<\/span><\/li>\n
                                                                                                  2. User \u2013 the e-mail provided in the Tipping Service or in the User Account.<\/span><\/li>\n<\/ol>\n
                                                                                                      \n
                                                                                                    1. The parties shall not bear any costs for the use of a means of remote communication when communicating with the Operator other than the costs normally applicable when using Internet services.<\/span><\/li>\n
                                                                                                    2. The Operator informs that:<\/span><\/li>\n<\/ol>\n
                                                                                                        \n
                                                                                                      1. the conclusion of the agreement in the form of the Terms occurs when the party accepts the Terms;<\/span><\/li>\n
                                                                                                      2. fixing, securing, making the Terms available is done by sending an email to the party at the address stated by the party;<\/span><\/li>\n
                                                                                                      3. each party can autonomously correct the data entered into the Tipping Service;<\/span><\/li>\n
                                                                                                      4. the Terms may be concluded in English and Polish language.<\/span><\/li>\n<\/ol>\n
                                                                                                          \n
                                                                                                        1. The Terms may be available in different language versions which are for informational purposes only; the Polish version of the Terms is binding on the parties. This section does not apply to a User or Waiter who is a consumer or to whom consumer regulations apply.<\/span><\/li>\n<\/ol>\n

                                                                                                          \n

                                                                                                          \n

                                                                                                          This TERMS AND CONDITIONS FOR TIPPING SERVICE<\/span><\/p>\n

                                                                                                          enters into force and become effective as of 1.06.2025<\/span><\/p>\n

                                                                                                          \n","protected":false},"excerpt":{"rendered":"

                                                                                                          \u00a7 1 Preliminary provisions These terms and conditions are issued by Choice QR s.r.o., company ID no.: 09517600, with its registered office at Na p\u0159\u00edkop\u011b 857\/18, Nov\u00e9 M\u011bsto, 110 00 Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 337491. Unless the context otherwise requires, the following […]<\/p>\n","protected":false},"author":6,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/choiceqr.com\/wp-json\/wp\/v2\/pages\/19040"}],"collection":[{"href":"https:\/\/choiceqr.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/choiceqr.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/choiceqr.com\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/choiceqr.com\/wp-json\/wp\/v2\/comments?post=19040"}],"version-history":[{"count":1,"href":"https:\/\/choiceqr.com\/wp-json\/wp\/v2\/pages\/19040\/revisions"}],"predecessor-version":[{"id":19041,"href":"https:\/\/choiceqr.com\/wp-json\/wp\/v2\/pages\/19040\/revisions\/19041"}],"wp:attachment":[{"href":"https:\/\/choiceqr.com\/wp-json\/wp\/v2\/media?parent=19040"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}