Terms of use for funzy.app
Definitions
Mobile Application/Application – proprietary software named funzy.app provided by the Service Provider, owned by the Service Provider, used for purposes such as reserving tables in restaurants by the Clients.
User – a natural person, legal person, organizational unit, or other entity using the Application.
Physical Device - an electronic device with internal data storage used to run the Application, meeting the technical requirements for running the Application (e.g., mobile phone, tablet, computer).
Profile – a profile created by the User in the Application, allowing their identification.
Terms and Conditions – these Terms of Use for the Application.
Registration – the process that allows the User Account to be created, an obligatory element of which is the acceptance of these Terms and Conditions and the Privacy Policy. Without acceptance of the Terms and Conditions, Registration cannot be completed.
Reservation – a booking made by the User of a Partner’s Service through the Application for Clients, indicating the date and time of the Partner’s Service selected by the Client.
Partner – a natural person, legal person, or organizational unit without legal personality, with whom the Service Provider cooperates in relation to the Partner's business or professional activity to provide services to Users via the Application. Each Partner is an entrepreneur under applicable law.
Service Provider – FUNZY Spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw, ul. Ogrodowa 37/50, 00-873 Warsaw, REGON 524554247, NIP 5273044453, entered in the register of entrepreneurs kept by the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register, KRS number 0001021356, with share capital of 5,000.00 PLN.
Privacy Policy – contains information regarding the processing of personal data.
General Provisions
These Terms and Conditions define the rules for using the funzy.app application, in particular the rules for making Reservations and using other Partner services by the User.
The Service Provider provides the Terms and Conditions free of charge in a manner that enables the Partner to obtain, reproduce, and store its content by printing or saving it on a medium at any time. These Terms and Conditions are available on the following website: funzy.app.
The Service Provider is not a party to any agreements between the User and the Partner.
The Service Provider assumes no responsibility to Users for Partner Services.
The Service Provider reserves all rights to the Application, including ownership and all intellectual property rights. The Application is protected by Polish Copyright Law, international copyright agreements, and other generally applicable intellectual property protection laws.
The Partner can contact the Service Provider:
by email at: [email protected];
by mail to the address: Magnacka 2 / 60, 02-495 Warsaw, Poland;
by phone at: +48 537 436 663.
Service Operation Rules for Partners
The Service Provider grants Partners access to the Application to enable contact between the User and the Partner to conclude agreements for the provision of Partner Services, including making Reservations.
The Service Provider provides the Partner with services including:
allowing the use of the Profile;
providing the Partner search function;
enabling Reservations for Partner Services;
providing the User with reminders about the scheduled times for Partner Services;
allowing Users to publish reviews about Partners and Partner Services;
Posting the menu offered in the Partner’s establishment;
Posting information about promotions on Partner services, including in the form of coupons;
Posting information about events organized by the Partner;
The features available to the Partner in the Application, including the ways Partner Services are reserved and the appearance of the Application for the Partner, depend on the current availability of specific solutions and functionalities, and may change for operational or technical reasons. Such changes will not constitute changes to the Application Usage Agreement.
Using the Application by the Partner may be free or paid, depending on the type of license agreement entered into by the Partner.
The conditions for using the Application, as well as the associated rights and obligations of the Partner and the Service Provider, are also defined in the license agreement between the Partner and the Service Provider.
A condition for using the Application is acceptance of the Terms and Conditions and entering into a license agreement.
Partner Registration Process
In the Registration process, the required data necessary for creating a Profile and using the Application is highlighted. The Service Provider reserves the right to request specific data that may be necessary for making Reservations.
Providing all data during the Registration process by the Partner is mandatory.
The Partner is obliged to provide accurate data necessary for the successful completion of the Registration process and to verify and update such data without prompting from the Service Provider.
The Partner may create only one Profile by providing one email address or one phone number. If the same email or phone number is used to create multiple Profiles, the Service Provider has the right to block the remaining Partner Profiles.
Partner Obligations
The Partner is obliged to:
comply with these Terms and Conditions;
enter into the Application only data to which they have the rights, without violating third-party rights;
provide only truthful information and data during Reservations;
not to enter into the Application data referred to in Article 9 of the GDPR, i.e., personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, as well as genetic data, biometric data used to uniquely identify a natural person, or data concerning health, sexuality, or sexual orientation;
not to register more than one Profile in the Application;
not to share login data with third parties (the Partner is solely responsible for the confidentiality and security of their Profile);
use the Application only as intended, respecting good manners and social norms;
comply with the prohibition on copying, modifying, distributing, or reproducing all or part of the Application;
immediately inform the Service Provider of any unauthorized use of the Profile by third parties, and inform the Service Provider if third parties claim rights against the Partner in connection with a violation of the law through the use of the Application by the Partner;
not to place in the Application, including the Account or Profile, any content (including information, photos, texts, and others) that violates the law, good manners, or social norms, related to drugs, alcohol, or other substances, as well as gambling, violating third-party rights (including personal rights), violating the provisions of the Terms and Conditions, or harming the good name of the Service Provider;
not to use any data or information about other Users for purposes other than the use of the Application, to which the Partner may have access while using the Application.
In case of violation of the Partner’s obligations specified in point 1 above, the Service Provider, after issuing a prior warning, is entitled to temporarily block the Partner’s Profile, permanently delete the Partner’s Profile, remove prohibited content mentioned in point 1, subpoint 10, or terminate the Agreement immediately, at the discretion of the Service Provider.
The Partner is fully responsible for their actions related to using the Application and for the content placed in their Profile.
Service Provider’s Liability
The Service Provider assumes no responsibility for:
the accuracy and completeness of the data and information provided in the Application by the Partner or exchanged between Users through the Application;
any damage suffered by the Partner related to the blocking or deletion of the Profile due to the Partner’s violation of the Terms or generally applicable legal provisions;
damages caused by the Partner’s inability to enter into agreements through the Application and any insolvency of the Users;
damages caused in connection with the intermediation of the Application, especially concerning Partner Services performed improperly, without appropriate standards, in violation of legal provisions, or lacking promised characteristics;
damages caused by third-party actions for which the Service Provider is not responsible;
damages caused by Users and Partners through violations of third-party rights;
damages caused by Users and Partners in connection with improper performance or non-performance of contracts made through the Application.
The Service Provider is entitled to partially or completely disable the functioning of the Application for maintenance or upgrades. In the event of a total shutdown of the Application, a corresponding message will be published on the Service Provider’s website where possible.
The Service Provider is not liable to the Partner for compliance with the Service in accordance with these Terms and is not responsible for any damage suffered by the Partner as a result of using the Application.
The Service Provider is not responsible for content stored in the Application after it has been submitted by the User or Partner.
The Partner is responsible for providing the service booked by the User through the Application, handling complaints, and allowing the User to exercise their consumer rights. To exercise consumer rights, the User must contact the Partner directly responsible for the service.
Partner Services
Through their Profile in the Application, the User may submit a Reservation request. The Reservation and the agreement between the Partner and the User are concluded when the User makes a successful Reservation. At the time of the successful Reservation, the contract for performance is concluded between the Partner and the User.
The User receives a confirmation of the Reservation – automatically via the Application or by SMS/email.
The User cannot make a Reservation that conflicts with any other Reservation they have (from the start of another Reservation until its completion).
The User has the right to cancel the Reservation no later than 2 hours before the Reservation starts, unless they have just made the Reservation and received the option to cancel it within 15 minutes of making the Reservation, even if less than two hours remain until the start.
The User has the right to change the time and/or date of a Reservation no later than 2 hours before the scheduled start of the Reservation, unless they have just made the Reservation and received the option to modify the Reservation within 15 minutes of making it, even if less than two hours remain until the start.
The Partner has the right to cancel the Reservation without giving a reason.
The consequences of canceling the Reservation may be specified in the terms of the Reservation mentioned in this section. This does not exclude or limit the rights of the User as a consumer under applicable laws, especially the right to withdraw from a contract made remotely. However, the Service Provider is not responsible for the enforcement of these rights by the Partner, particularly in the event of a successful withdrawal by the User from a contract with the Partner – it is the Partner who is responsible for refunding the amounts paid by the User.
The User makes payments for the Partner Services directly to the Partner under conditions set by the Partner.
The Partner may post information about upcoming events on their Profile. The event includes a photo, address, date, time, and description. Events cannot be misleading. The Partner is solely responsible to the Users for the cancellation or non-occurrence of events.
The User may express interest in an event by marking that they are interested in the event.
The Partner may post promotional coupons on their Profile, specifying whether the coupon is for single-use or multiple-use by the User. To take advantage of the promotion, the User must show the Partner a barcode to scan or provide a code consisting of letters and numbers before using the service covered by the promotion.
The Partner is responsible to the User for the manner of providing, failure to provide, or withdrawal from providing the Partner's Service.
The ranking of Partner Profiles displayed to the User, including in the User's search results, is based on the following parameters:
availability – Profiles of Partners with available slots for a service of interest to the User are displayed first;
type of service – both the Partner and the User can specify the type of service. The Partner's Profile will be displayed based on matching the types of services defined by the Partner with those sought by the User;
geographic location – Partner Profiles matching the location searched for by the User or the location provided by the User via GPS are displayed first;
distance – Partner Profiles closest to the User are displayed first;
reviews – Partner Profiles with the best reviews, i.e., those rated highest by Users, are displayed first;
business category – after determining whether the service belongs to the Partner's main or additional business activity, the User first sees the Profiles of Partners who indicated that the service sought by the User belongs to their main category;
views of the Partner's Profile based on the User's previous selections – the Service Provider analyzes the ratio of the number of views of a Partner's Profile to the number of services chosen from that Partner. Profiles of Partners with the highest value in this regard are displayed first.
The most important factors for the User's search results are geographic location and business category. Additionally, after purchasing an additional service from the Service Provider, which supports the Partner in promoting their Profile, the Application ranks the Partner's Profile higher than Partners without this service when the parameters are the same.
The User can change the main parameters mentioned above by sorting or filtering the results received, as well as by changing the searched region and availability. In the case of searching for services or Partners by the User, the User is shown Partner Profiles that meet all the search criteria indicated by the User. The Client may use filters or sorting options, such as changing the searched region and availability. The User may also sort Partner Profiles by criteria such as 'Distance' (from nearest) or 'Reviews' (from highest-rated).
Partner Service Complaints
Complaints regarding the non-performance or improper performance of Partner Services should be addressed directly by the User to the Partners.
The Partner's contact details needed to file a complaint, including the appropriate postal address or email address, are provided in the Partner's Profile in the Application.
The Partner is responsible to the User for handling complaints regarding the Partner Services in accordance with applicable laws.
Publishing Reviews in the Application
A User who has made a successful Reservation may post reviews in the Application about the Partners and the Partner Services provided ('Review'). The Review must be accompanied by the User's data or name. By posting a Review, the User agrees to the publication of the Review and the User's data.
Reviews about Partners may:
concern only Partner Services that have already been provided;
concern only Partner Services related to the Partner's professional activity;
concern only the User's personal experiences.
The Client bears full responsibility for the content published in the review, in accordance with applicable laws.
The Service Provider is not responsible for the content published by Clients.
The Client agrees that:
their reviews will be truthful and not deliberately misleading;
they will not post content in their reviews that violates the law, contradicts good practices or principles of social coexistence, including violating the rights of third parties (including personal rights);
they hold all the rights to the content published in the Review, including the necessary permissions and consents for its publication – authorizing third parties, including the Service Provider, to use it under the terms of the Terms and Conditions;
they will not post promotional, marketing content, or product placements in their reviews.
The Service Provider has the right to refuse to publish a Review, and may irreversibly delete a published Review if, in the Service Provider's opinion, it violates the Terms and Conditions or applicable laws.
By posting content in the Application, the User grants the Service Provider a non-exclusive, free, unlimited territorial and time license to use the content posted by the User in the Application in accordance with the Terms and Conditions, including the right to use the User's image, on the following fields of exploitation:
fixing and reproducing the content posted by the User in the Application – producing copies of these contents using specified techniques, including digital, magnetic recording, printing, and reprographic techniques;
the trading of originals or copies on which the content posted by the User in the Application is fixed – putting the original or copies of the work into circulation;
disseminating the content posted by the User in the Application in ways other than those specified above – public performance, exhibition, display, playback, broadcasting, and rebroadcasting, as well as making the content available to the public so that anyone can access it at a time and place of their choosing, including making it available online, particularly within the Application.
The scope of the license includes the Service Provider's right to use the content within the Application – to ensure the functionality, promotion of the Application and the content posted in the Application by third parties, and to inform about the Application's activities – even after the User stops using the Application and deletes their Profile. The User's resignation from using the Application or deleting their Profile does not affect the validity of the license.
With the conclusion of the Application Use Agreement, the User grants a free consent to use their image during the period of using the Application, especially for promotional and marketing purposes of the Service Provider and the Partner, in the manner specified above.
The User is liable for compensation to the Service Provider for damages the Service Provider may suffer in connection with the publication of content by the Client in the System and the Service Provider's use of the content under the terms of the license in accordance with the Terms and Conditions.
Technical Requirements
The following are the minimum requirements for the proper functioning of the Application on a Device (e.g., mobile phone, tablet, computer):
Chrome 64+ (or newer)
Edge 79+ (or newer)
Firefox 67+ (or newer)
Opera 51+ (or newer)
Safari 12+ (or newer)
System version requirements for the mobile application:
Android 8.0 (or newer)
iOS 12.0 (or newer)
Using the Application requires an active Internet connection for:
registration and activation of the Application,
checking for the availability of a newer version of the Application,
checking the legality of the installed copy of the Application,
connecting to websites located in the https://www.funzy.app domain, which are owned by the Licensor.
The Service Provider informs the Partner about updates to the Application, including security updates necessary to maintain the Application’s compliance with this Terms and Conditions, and delivers them to the Partner during the time the Application is available.
Complaints Regarding Application Malfunction
Any malfunction of the Application may be reported by the User to the Service Provider via a relevant form or by email to: [email protected]
The Service Provider reserves the right to request information or explanations from the complainant if it is necessary for reviewing the complaint.
The complaint will be reviewed within 10 days from the date of its receipt.
The response to the complaint will be sent to the email address associated with the Partner's Profile.
Personal Data
Detailed information about the legal grounds and purposes for processing the Partner’s personal data by the Service Provider is available in the Privacy Policy, which the User accepted during registration.
The Service Provider’s Privacy Policy, including the cookies policy, is available on the Service Provider's website (funzy.app).
In addition to the above, with respect to the provision of Users’ personal data (name, surname, email address, and phone number) to the Partner through the Application, the Partner becomes an independent data controller within the meaning of GDPR. The Partner is subject to all obligations imposed on data controllers.
Final Provisions
The Service Provider reserves the right to amend the Terms and Conditions for reasons deemed important by the Service Provider.
The changes will be published in a unified text form along with information about the changes on the following website: funzy.app.
The Service Provider will notify the Partner about changes to the Terms and Conditions via email sent to the email address associated with the Partner's Profile, at least 14 days before the changes take effect.
The Partner may reject the changes to the Terms and Conditions and, in such a case, has the right to request the deletion of their Profile by submitting a relevant declaration in written or documentary form within 15 days from the notification date of the changes to the Terms and Conditions. If such a request is not made, it is assumed that the User has accepted the changes without reservation.