Terms of use for funzy.app
Definitions
Mobile Application/Application – proprietary software called funzy.app provided by the Service Provider, owned by the Service Provider, used for booking tables in restaurants by Clients.
User – a natural person, legal entity, 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 – the profile created by the User in the Application, enabling their identification.
Terms and Conditions – these Terms of Use of the Application.
Registration – the process of creating a User Account, which requires acceptance of these Terms and Conditions and the Privacy Policy. Without accepting the Terms and Conditions, it is not possible to complete the Registration.
Reservation – the User’s booking of a Partner’s Service through the Application, indicating the Client’s chosen date and time for the Partner’s Service.
Partner – a natural person, legal entity, or organizational unit without legal personality with whom the Service Provider collaborates in connection with the Partner’s business or professional activity, to provide services to Users via the Application. Every Partner is an entrepreneur within the meaning of applicable law.
Service Provider – FUNZY limited liability company with its registered office in Warsaw, Magnacka Street, 02-495 Warsaw, REGON 524554247, NIP 5273044453, entered in the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, KRS number 0001021356, with a 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, particularly the rules for making Reservations.
The Service Provider makes these Terms and Conditions available free of charge in a manner that allows Users to obtain, reproduce, and store its contents by printing or saving it on a data carrier at any time. These Terms and Conditions are available on the following website.
The Service Provider is not a party to any agreements between the User and the Partner.
The Service Provider is not liable to Users for the Partner’s Services.
The Service Provider reserves all rights to the Application, including ownership and all related intellectual property rights. The Application is protected by Polish copyright law, international copyright agreements, and other applicable intellectual property laws.
The User may contact the Service Provider:
via email at: [email protected];
by mail at: Magnacka 2 / 60, 02-495 Warsaw, Poland;
by phone at: 537 436 663.
Service Operation Rules for Users
The Service Provider provides Users with access to the Application, enabling contact between the User and the Partner for the conclusion of agreements on the provision of Partner Services and making Reservations.
The Service Provider provides Users with, among others, the following services as part of the Application:
enabling the use of the Profile;
providing the Partner search engine;
enabling the booking of Partner Services;
providing Users with reminders about the dates of booked Partner Services;
allowing Users to publish reviews of Partners and Partner Services.
The functionalities available to the User, including the methods of booking Partner Services and the appearance of the Application for Clients, depend on the current availability of specific solutions and functionalities, which may change for operational or technical reasons. Such changes do not constitute a change to the Agreement for the Use of the Application.
Using the Application by Users is free of charge.
User Registration Process
During the Registration process, certain data is highlighted, which is necessary for creating a Profile and using the Application. The Service Provider reserves that providing certain data may be required for making Reservations.
Providing all data by the User during the Registration process is voluntary.
The User is required to provide truthful personal data and all other data necessary for the successful completion of the Registration or Reservation process, as well as to verify and update this data without prompting from the Service Provider.
The User can only create one Profile by providing one email address or one phone number. If the same email or phone number is used to create another Profile, the Service Provider is entitled to block the User's remaining Profiles.
User Obligations
The User is obligated to:
comply with these Terms and Conditions;
comply with these Terms and Conditions;
only provide data to the Application for which they have the right to use, without infringing the rights of third parties;
only provide truthful information and data during Registration and Reservation;
not include in the Application any 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, genetic data, biometric data for the purpose of uniquely identifying a natural person, or data concerning health, sex life, or sexual orientation;
not register more than one Profile in the Application;
not share login data for the Profile with third parties (the User is solely responsible for maintaining the confidentiality and security of their Profile);
use the Application only as intended, respecting good morals 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 notify the Service Provider if third parties bring claims against them due to the User's use of the Application in violation of the law;
not include in the Application, including the Account or Profile, any content (including information, photos, texts, or others) that violates the law, is contrary to good morals or social norms, is related to drugs, legal highs, alcohol, or other stimulants, or involves the organization of gambling, violates the rights of third parties (including personal rights), violates the Terms and Conditions, or damages the good name of the Service Provider;
not use data or information about other Users, to which the User may have access while using the Application, for any purpose other than using the Application.
In case of violation of the obligations mentioned in point 1 above by the User, the Service Provider, after issuing a prior warning, is entitled to temporarily block the User's Profile; permanently delete the User's Profile; remove prohibited content, as mentioned in point 1 subpoint 10; or terminate the Agreement with immediate effect, at the Service Provider's discretion.
The User bears full responsibility for their actions related to the use of the Application and for the content posted in their Profile.
Service Provider's Responsibility
The Service Provider is not liable for:
the accuracy and completeness of data and information posted in the Application by Users and transmitted between Users via the Application;
the accuracy and completeness of data and information posted in the Application by Users and transmitted between Users via the Application;
damages incurred by Users due to the blocking or deletion of their Profile for violating the Terms and Conditions or generally applicable laws;
damages caused by Users’ inability to enter into contracts through the Application and in connection with the insolvency of Users;
damages caused in connection with the mediation of the Application, particularly Partner Services performed improperly, without appropriate standards, violating the law, or lacking the offered properties;
damages caused by third parties, for whose actions the Service Provider is not responsible;
damages caused by Users through the violation of third-party rights;
damages caused by Users in connection with the improper performance or non-performance of contracts concluded through the Application.
The Service Provider is entitled to partially or completely disable the Application's operation to carry out repairs or modernization. In the event of a complete shutdown of the Application's operation, a relevant notice will be published on the Service Provider's website, if possible.
The Service Provider is responsible to Users for the compliance of the Services with these Terms and Conditions and is liable for damages incurred by Users as a result of using the Application to the extent specified by generally applicable laws.
The Service Provider, in accordance with Article 6 of the Digital Services Act (DSA), is not liable for content stored in the Application after it has been uploaded by the User if the Service Provider is not aware of illegal activities or content and, in the case of damage claims, does not know the facts or circumstances that clearly indicate illegal activities or content, or if the Service Provider immediately takes appropriate action to remove or disable access to illegal content upon gaining such knowledge or notification.
The Service Provider is responsible for making the Application available to Users, enabling them, among other things, to establish contact between the User and the Partner for the purpose of concluding contracts for the provision of Partner Services and making Reservations.
The Partner is responsible for delivering the service reserved by the User through the Application, handling complaints, and enabling the User to exercise their consumer rights. To exercise consumer rights, the User is required to contact the Partner directly responsible for the given service.
Partner Services. Reservation.
Through their Profile in the Application, the User can submit a Reservation request. A Reservation and the conclusion of a contract between the Partner and the User occur when the User submits a valid Reservation. Upon making a valid Reservation, a contract for the provision of the service is concluded between the Partner and the User.
The User receives a notification of the Reservation confirmation – automatically via the Application or SMS/email.
The User cannot make a Reservation that conflicts with any other Reservation (from the start time of another Reservation until its completion).
The User has the right to cancel the Reservation no later than 2 hours before the start of the Reservation, unless they have just made the Reservation and are given the option to cancel it within 15 minutes of its creation, even if less than two hours remain before the start.
The User has the right to change the time and/or date of a Reservation no later than 2 hours before the planned start of the Reservation, unless they have just made the Reservation and are given the option to modify it within 15 minutes of its creation, even if less than two hours remain before the start.
The Partner has the right to cancel a Reservation without providing 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 User's consumer rights under generally applicable laws, particularly the right to withdraw from a distance contract. However, the Service Provider is not responsible for the Partner’s compliance with these rights, particularly in the event of a valid withdrawal by the User from a contract concluded with the Partner – the Partner is responsible for refunding the amounts paid by the User.
The User must comply with the Reservation times. If the User fails to comply with the Reservation times four times, the Service Provider is entitled to block the User from making further Reservations until the end of the calendar year in which the User missed the last of the four scheduled Reservations. After the third missed Reservation, the User will receive an email warning that another absence will result in account suspension.
The User has the right to modify the Reservation unless it has already begun, i.e., when the Reservation status is 'delayed.' In the case of canceling a 'delayed' Reservation, the Service Provider has the right to block the User from making further Reservations until the end of the calendar year in which the User missed the last of four scheduled Reservations they failed to attend or canceled after the Reservation period started. After the third missed Reservation, the User will receive an email warning that the next absence will result in account blocking.
The User makes payments for Partner Services directly to the Partner under terms set by the Partner.
The Partner can post information about upcoming events on their Profile. The event includes a photo, address, date, time, and description.
The User can express interest in an event by marking that they are interested.
The Partner can post promotional coupons on their Profile, specifying whether the coupon is for single or multiple uses by the User. To use the promotion, the User must show the Partner a barcode for scanning 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 provision, cancellation, or cessation of the Partner’s Service.
Partner Profiles displayed to the User, including in the User's search results, are ranked based on the following parameters:
Availability – Profiles of Partners with available time slots for the service the User is interested in are displayed first.
Type of service – Both the Partner and the User can define the type of service. The Partner's profile will appear by matching the types of services defined by the Partner with the ones the User is searching for.
Geographic location – Profiles of Partners that meet the User’s location criteria or the location shared by the User via GPS are shown first.
Distance – Profiles of Partners closest to the User are displayed first.
Reviews – Profiles of Partners with the best reviews, i.e., the highest ratings by Users, are shown first.
Business category – After the Partner defines whether a service belongs to their main or additional business activity, Profiles of Partners indicating that the service being searched by the User belongs to their main category are shown first.
Profile views based on previous User choices – The Service Provider analyzes the ratio of the number of Partner Profile views to the number of services chosen from that Partner. Profiles with the highest value in this respect are shown first to the User.
The most important parameters for User search results are geographical location and business category. Additionally, if the Partner purchases a service from the Service Provider that supports the promotion of their Profile, the Partner's Profile with the purchased service will rank higher than Partners without the service, assuming equal parameters.
The User can change the main parameters mentioned above by sorting or filtering the received results, as well as by changing the search region and availability. When searching for services or Partners, the User will see Partner Profiles that meet all the search criteria indicated by the User. The client may use filters or sorting options for results, e.g., by changing the searched region or availability. The User can also sort Partner Profiles by criteria such as 'Distance' (from nearest) or 'Reviews' (from highest rated).
Complaints Regarding Partner Services
Complaints regarding the non-performance or improper performance of Partner Services should be directed by the User directly to the Partners.
The Partner's contact details necessary for submitting complaints, including the correct postal address or email address, are available in the Partner's profile in the Application.
The Partner is responsible to the User for handling complaints regarding Partner Services in accordance with applicable law.
Publishing Reviews in the Application
A User who has made a successful Reservation has the option to 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 submitting a Review, the User agrees to the publication of the Review and the User's data.
Reviews about Partners can:
only concern Partner Services that have already been provided;
only concern Partner Services that are related to the Partner's professional activity;
only relate to the User's personal experiences.
The Client bears full responsibility for the content of the Reviews they publish, within the scope defined by applicable laws.
The Service Provider is not responsible for 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 copyright 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 as described in 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 the law.
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 a specified technique, 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 content posted by the User in the Application in ways other than those specified above – public performance, exhibition, display, playback, and broadcasting, including making the content available to the public so that anyone can access it at a time and place of their choosing, including sharing such content online, particularly within the Application.
The scope of the license covers the right of the Service Provider to use content within the Application – to ensure the operation, promotion of the Application and content posted by third parties, and to inform about the Application's activities – even after the User has ceased using the Application or has deleted their Profile. The User's resignation from using the Application or the deletion of their Profile does not affect the validity of the license.
By concluding the Agreement for the Use of the Application, the User grants free consent to the use of their image while using the Application, particularly for promotional and marketing purposes by the Service Provider and the Partner, in the manner specified above.
The User is liable for damages towards the Service Provider for any harm the Service Provider incurs due to the content posted in the System by the Client and the Service Provider's use of the content under the terms of the license in accordance with the Terms and Conditions.
Technical Requirements
For the proper functioning of the Application on a Device (e.g., mobile phone, tablet, computer), the following minimum requirements are necessary:
For the proper functioning of the Application on a Device (e.g., mobile phone, tablet, computer), the following minimum requirements are necessary:
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:
registering and activating the Application,
checking the availability of newer versions of the Application,
verifying the legality of the installed copy of the Application,
connecting to sites in the https://www.funzy.app domain owned by the Licensor.
The Service Provider informs the User about Application updates, including security updates necessary to maintain the compliance of the Application with these Terms and Conditions, and provides them to the User for the duration of the Application's availability.
Complaints Regarding the Application's Malfunction
Any malfunction of the Application can be reported by the User via an appropriate notification to the Service Provider using the appropriate form or email at the following address: [email protected]
The Service Provider reserves the right to request information or explanations from the complainant if required to resolve the complaint.
Complaints will be considered within 10 days from the date of receipt.
The response to the complaint will be sent to the email address associated with the User's Profile.
Personal Data
Detailed information about the legal basis and purposes of the Service Provider's processing of User's personal data is available in the Privacy Policy, which the User accepted during Registration.
The Service Provider's Privacy Policy, including the cookie policy, is available on the Service Provider's website (funzy.app).
Final Provisions
The Service Provider reserves the right to amend the Terms and Conditions for reasons considered important by the Service Provider.
The changes will be published as a uniform text along with information about their implementation on the website: funzy.app.
The Service Provider will notify the User of changes to the Terms and Conditions via email sent to the email address associated with the User's Profile, at least 14 days before they come into effect.
The User may choose not to accept the changes to the Terms and Conditions, in which case they have the right to request the deletion of their Profile by submitting an appropriate statement in written or documentary form within 15 days of being notified of the change to the Terms and Conditions. In the absence of such a request, it is assumed that the User has accepted the changes without reservation.
The following annexes are integral parts of the Terms and Conditions:
Annex No. 1 to the Terms and Conditions: 'Template Withdrawal Statement'
Annex No. 1 to the Terms of Use of the funzy.app Application
Template of Withdrawal Statement from the Application Use Agreement
FUNZY Sp. z o.o.ul. Magnacka 2/6002-495 WarsawEmail address: [email protected], the undersigned, hereby inform about my withdrawal from the Application Use Agreement of funzy.app
Annex No. 1 to the Terms of Use of the funzy.app Application