TERMS AND CONDITIONS – TERMS OF USE OF THE "RESTBILL" APPLICATION

§ 1. GENERAL PROVISIONS

1. These regulations ("Regulations") for the provision of electronic services have been issued in order to define the principles, scope and conditions of using the RestBill mobile application intended, among others, for use by the customer, waiter, manager/owner of a given restaurant and applies to all relations between the User and the Application Operator and was issued pursuant to Art. 8 sec. 1 item 1 of the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2013, item 344, as amended) ("Act").

2. These Regulations specify, among others, the method of downloading, installing, launching and using the Application as well as services provided by the Application Operator to Users, including in particular the requirements concerning the operating system of the mobile device. The services provided by the Application Operator are not and do not constitute payment services within the meaning of the Act on the Provision of Electronic Services (Journal of Laws of 2020, item 344, as amended).

3. The owner and operator of the Application, as well as the provider of services rendered through it is the company RestBill sp. z o.o. [LLC], with its seat in Wrocław, at Leszczyńskiego 4/78 street, 50-078 Wrocław ("Application Operator").

4. The Application includes: the customer's mobile Application (Android in Kotlin), the waiter's mobile application (Android in Kotlin), the manager's/owner's mobile application (Android in Kotlin).

5. The application can be downloaded from the following online stores: App Store (for the iOS operating system), Google Play (for the Android operating system).

6. Downloading the Application and using the services offered through it is free, except for making payments for a given order in a restaurant.

7. The application is designed for mobile devices with iOS and Android operating systems.

8. The Application will work in conjunction with the Novitus HD Online fiscal printer and the NPOS Thermal Receipt Printer C300H.

9. The Application will be adapted to work with the Virtual Cash Register Online.

10. All materials provided in the Application, in particular texts, photos, video and audio materials, are the exclusive property of the Application Operator or entities with which the Application Operator has concluded an appropriate agreement. The copyrights to the information and materials contained in the Application or trademarks are owned by the Application Operator or it has the appropriate right to use such materials, information or trademarks.

§ 2. TERMS USED IN THE REGULATIONS

Service Provider/Application Operator – RestBill sp. z o.o. with its seat in Wrocław, at Leszczyńskiego 4/78 street, 50-078 Wrocław.

Application – a mobile application belonging to the Service Provider called "RestBill", available for Android and iOS operating systems, which has been prepared and made available by the Service Provider, enabling Users, including the Service User, to use IT mechanisms and information developed by the Service Provider through the Application, including setting up accounts, placing orders by Customers for given products offered by the Service User, organising payments (payment systems are carried out by entities external to the Service Provider). The Application provides IT tools for customers or Users to make payments for goods and/or services to the Service User, which takes place through the provision of payment and other services, by the Provider directly to these Service Users, including the use of third-party payment systems rendered by entities other than the Service Provider.

Service User – a User who is an entrepreneur within the meaning of the Law of Entrepreneurs (Journal of Laws of 2021, item 162, as amended) running a restaurant/food outlet, which enables the Customers of the Restaurant to use the Application.

Restaurant Customer – an adult natural person with full legal capacity, a legal person or an organisational unit without legal personality, but having legal capacity to perform acts in law, placing orders with the Service User for given products via the Application.

Waiter – an employee, associate and/or contractor of the Service User, working under an employment contract, mandate contract or any other civil law contract.

Manager – an employee, associate and/or contractor of the Service User, working under an employment contract, mandate contract or any other civil law contract.

User – a Service User, Restaurant Customer, Waiter and Manager, i.e. a natural person, legal person or an organisational unit without legal personality, who uses the functionalities offered by the Application through the Application installed on their mobile device.

Account – the User's personalised administration panel available after successful registration and logging on to the Application, which contains information about the User, Payments made by the User (specifying the amounts and dates of execution) and other information placed by the Service Provider, within which the User's Personal Data is processed in the scope and in accordance with the principles indicated in the Privacy Policy. The account for the Service User ("Business Account") also has functionalities such as, among others, adding the account of Managers and Waiters of the Service User, viewing Payments of Restaurant Customers. The Restaurant Customer may use the services provided in the Application by means of the Account, in particular to search for nearby restaurants and place orders for products offered in a given restaurant/food outlet and making Payments.

Services – services provided by the Service Provider in the form of access to the Application, including services provided electronically to Users, including services rendered in accordance with the Act on the Provision of Electronic Services (Journal of Laws of 2020, item 344, as amended) and services available in the Account, including those described in more detail in item 3 of the Regulations. The Service provided by the Service Provider consists, among others, in granting access to the Application and by performing actions consisting in sending and receiving data via ICT systems at the individual request of the Users, without the simultaneous physical presence of the parties. The services provided by the Service Provider are not and do not constitute payment services within the meaning of the Act on Payment Services – such services may be provided, on the basis of separate agreements, by the Providers on terms established by them. Moreover, the Services do not constitute payment system services within the meaning of the relevant provisions of generally applicable law.

Provider – payment service providers within the meaning of the Act on Payment Services, that perform payment services for Users on their own behalf, which services are referred to, among others, in Art. 3 sec. 1 of the Act on Payment Services.

Payment – a payment service of transferring the Restaurant Customer's funds to the Service Provider, rendered by the Supplier.

Personal Data – any information about a natural person identified or identifiable by one or more specific factors determining the physical, physiological, genetic, mental, economic, cultural or social identity, including in particular name and surname, identification number, device IP, data about location, internet identifier and information collected via cookies and other similar technology.

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Privacy Policy – a document made available in the Service Provider's Application as part of the services rendered, setting out the privacy rules and protection of Users' Personal Data.

§ 3. GENERAL CONDITIONS

1. The Service Provider shall not be liable for the Provider's failure or improper provision of services, and in using the Application the Service Provider is under no obligation to perform payment transactions, including their initiation and securing their availability to the extent that it is the Provider's responsibility. The list of Providers whose services (payment, payment systems) the User can use by pairing the User with said Provider as at today is as follows:

a) STRIPE Payments Europe LIMITED C/O A & L Goodbody, Ifsc, North Wall Quay Dublin, Ireland

2. Users acknowledge that the Service Provider is neither a payment service provider nor an agent (including a billing agent) within the meaning of the Act on Payment Services within the meaning of the Provider's domestic regulations.

3. Any complaints in the scope not related to the operation of the Application should be directed to entities other than the Service Provider that render specific services/goods.

4. During the provision of the Services, the Service Provider does not take possession of the Users' funds, including that of the Customer and the Service User, has no insight into the Users' payment transaction itself, does not initiate/participate in it, does not operate a payment system, including storing information about said transactions on its server – the only information regarding payment is that stored by the Service Provider in the form of the amount of transactions made by the Restaurant's Customer with their assignment to a specific Waiter who accepted the order placed by the Restaurant Customer.

5. The activities performed as part of the Application and the Services provided by the Service Provider do not constitute banking activities, payment services and do not constitute payment systems.

6. The User using the Application who wishes to avail oneself of the services available through the Application must accept these Regulations and undertake to comply with the rules contained therein. Launching the Application and beginning to use the Services offered by the Service Provider is tantamount to full acceptance and confirmation of understanding the terms of the Regulations and Privacy Policy. Each User, from the moment of taking the actions referred to above, is obliged to comply with the provisions of the acts indicated above.

7. The Service User/Restaurant Customer declares that at the time of placing an order for the Service User's products offered by the Customer, they shall be bound by a valid legal relationship on the basis of which Payments shall be made, which shall not be verified in any way by the Service Provider as to their validity and effectiveness.

8. The Service Provider declares that it does not provide, as part of its Services and through the Application, any services of access to account information within the meaning of the Act on Payment Services, and does not participate in the payment service itself as an entity supporting or participating in it – everything takes place between Users and the above-mentioned payment institutions. Moreover, the Service Provider does not operate a payment system within the meaning of the Act on Payment Services.

§ 4. REGISTRATION AND TECHNICAL REQUIREMENTS

1. Registration in the Application takes place by completing the registration form. The User is obliged to provide the necessary Personal Data in order to set up an Account/Business Account in the Application.

2. In order to set up an Account/Business Account in the Application, Users are required to provide the following Personal Data:

1). in the case of the Service User:

a). name of the restaurant/food outlet;

b). full address including postal code;

c). Tax Identification No. [NIP];

d). email address;

e). password.

2). in the case of Restaurant Customers:

a). email address,

b). password;

c). full address including post code;

d). name and/or company name (optional);

e). Tax Identification No. [NIP] (optional).

3). in the case of a Waiter:

a). email;

b). name and surname.

4). in the case of a Manager:

a). email address;

b). name and surname.

2. The Application can be downloaded by scanning the QR code and being redirected to the Google Play store.

3. An active Internet connection is required to download, install, use and run the Application. All costs of connection to the Internet, in particular data transmission, are covered by the User in on their own, in accordance with the contracts concluded by the User and telecommunications operators or other Internet provider. The Application Operator shall not be held responsible for non-performance or improper performance of services rendered by telecommunications operators or other Internet providers with whom the User has concluded contracts.

4. The Application offers the option of activating the location of the mobile device.

5. The mobile device on which the User runs the downloaded and installed Application must meet the following technical requirements: Android version 6.0 or higher.

6. Registration in the Application is tantamount to the acceptance of the content of the Regulations by the User and the conclusion of the contract for the provision of electronic services between the Application Operator and the User, in accordance with the principles set out in these Regulations.

§ 5. RULES OF USING THE APPLICATION BY THE USER

1. The User is obliged to use the Application in accordance with generally applicable law, rules of social coexistence, Regulations and all terms of use and privacy policies.

2. Using the Application by the User in a way other than the permitted use is unacceptable without the express consent of the Application Operator.

3. The User is obliged to notify the Application Operator of each violation of their rights in connection with the use of the Application.

4. The User uses the Application voluntarily, at their own risk.

5. The User has the right to terminate the use of the Application at any time, in particular in the event of the User's non-acceptance of the amendment of the Regulations, the Privacy Policy and the modification of the Application.

§ 6. DELETION OF THE ACCOUNT

1. Each registered User may delete their Account/Business Account at any time.

2. The Service Provider may delete the User's Account/Business Account at any time.

3. Deletion of a Business Account results in automatic deletion of the Manager's and Waiters' Account originating from the Service User, to which these Users consent.

4. Deletion of a User Account is possible under the following conditions:

1) selecting the appropriate button in the "Account Settings" tab by the User.

The system will ask you to confirm that you want to delete the Account. Clicking "Delete Account" will delete the User's account.

2) The User may delete their Account upon request via email sent to the following address: support@restbill.pl, or upon written request sent to the following address: RestBill sp. z o.o. with its seat in Wrocław, at Leszczyńskiego 4/78 street, 50-078 Wrocław. The Service Provider undertakes to delete the User's Account immediately after receiving a relevant request.

5. Deletion of the User's Account/Business Account will result in the deletion of all data collected in the Application related to the Account/Business Account, subject to the provisions of the Privacy Policy regarding the storage and deletion of Personal Data.

6. The User may not reactivate the deleted Account/Business Account – the registration procedure must be completed anew and all the original conditions related to it must be met.

§ 7. RIGHTS AND DUTIES OF THE APPLICATION OPERATOR

1. The Operator undertakes to supervise the technical functioning of the Application.

2. The Operator does not guarantee uninterrupted access to the Application and does not ensure constant availability of all Application functions nor their faultless operation.

3. The Application Operator shall not be liable for any damages and lost profits incurred by the User in connection with the functioning of the Application, in particular the disruption of the availability of all Application functions or their malfunction, violation of the rights of third parties by the User, the functioning of interfaces and telecommunications links that are not owned or operated by the Application Operator, services, applications and websites that are not owned or operated by the Application Operator.

4. The Application Operator has the right to block the User's account if a reasonable suspicion arises that the User is using the Application contrary to the rules set out in the Regulations.

5. The Application Operator has the right to temporarily suspend the operation of the Application in order to carry out the technical consequences of the Application, to make changes to the functioning of the Application or prevent any damage.

6. The Application Operator reserves the right to amend the Regulations, the Privacy Policy and modify the Application, about which it will notify the User 14 days before the amendment is introduced by sending the amended Regulations to the email address.

§ 8. PRIVACY POLICY

1. The Users' personal data is administered by RestBill sp. z o.o. with its seat in Wrocław, at Leszczyńskiego 4/78 street, 50-078 Wrocław.

2. The Application Operator ensures that all registered Users exercise their rights under the GDPR, in particular the right to access their Personal Data and to request their rectification, deletion, restriction of processing, the right to transfer data and the right to object to data processing, as well as the right to lodge a complaint to the supervisory authority responsible for the protection of Personal Data, i.e. the President of the Personal Data Protection Office, at Stawki 2 street, 00-193 Warsaw – in cases specified in the provisions of this Act.

3. The Application Operator has appointed the Data Protection Officer, Mr. Łukasz Kozłowski, who can be contacted by email at lko@restbill.pl.

4. Personal data is collected in order to enable Users to use the Application. Users' Personal Data may also be used to verify whether the registering person meets the conditions required by the Regulations and legal provisions.

5. The recipients of the User's personal data are employees and associates of the Personal Data Controller, entities with whom the Personal Data Controller entrusted the processing of personal data and concluded appropriate contracts for entrusting the processing of personal data, only at the written request of the Personal Data Controller, primarily entities cooperating with the Personal Data Controller – in particular providing commercial, payment, intermediary, invoicing, hosting, accounting, IT, correspondence and parcel delivery, legal, debt-collection, website maintenance, marketing, PR and archiving services, as well as to public authorities – including employees and associates of these entities.

6. Personal data shall be processed for the duration of the contract for the provision of electronic services, in accordance with these Regulations.

7. Providing personal data is voluntary, but necessary for the proper use of the Application.

8. Detailed rules for the processing of personal data and the specification of the above information are contained in the Data Controller's Privacy Policy available at https://restbill.pl/polityka-prywatnosci/.

§ 9. LIABILITY

1. The Service Provider shall bear no liability for:

a) products or services that are rendered or provided by the Supplier/Service Provider – for which these entities are solely liable;

b) the valid legal basis and legitimacy of the amounts of Payments transferred between the Restaurant Customer and the Service User;

c) damage caused by improper use of the Application by the User;

d) providing untrue, outdated or incomplete data or information during the registration process or at a later stage by the User;

e) problems in the functioning of the Application, if they occurred as a result of events that the Service Provider, with due diligence, could not have foreseen or prevented, as well as a result of force majeure events;

f) damages resulting from interruptions in the provision of the Services in the event of their occurrence for reasons beyond the Service Provider's control (not attributable to the Service Provider);

g) loss of data caused by the failure of the User’s equipment, system used by the User, or other circumstances that do not arise due to a culpable action or negligence on the part of the Service Provider, or entities for which it is liable for.

2. The Service Provider shall not be liable for the Users' actions within the Application in a manner not intended for this purpose, nor for the performance or non-performance of contracts concluded within the framework of the Application or about which they have posted information in the Application, nor shall it be responsible for the consequences of actions taken by Users or third parties in breach of the provisions of these Regulations.

3. The Service Provider shall not be held liable for providing false, incorrect, incomplete information by the User, in particular in the case of providing data of third parties without their consent or knowledge.

4. The Service Provider shall not be held liable for the lack of access to the Application for reasons beyond its control. For security reasons and for any other reasons beyond their control, the Service Provider has the right to temporarily suspend access to the Application for the period necessary to remove any threats or irregularities. The Service Provider shall not be held liable for the temporary suspension of access to the Application referred to above.

5. Subject to the limitations resulting from mandatory provisions of law, the Service Provider shall not be held liable for damages arising in connection with the Application or its use or inability to use by any party, or in relation to improper operation, errors, deficiencies, disruptions, defects and delays in operation or transmission, computer virus, and line or system failure.

6. The User using the Application shall be held liable for all the consequences of providing incorrect, false, incomplete or misleading data.

§ 10. USER'S RIGHTS AND OBLIGATIONS

1. The Application User is obliged in particular to:

a) use the Services offered by the Service Provider in a manner consistent with the provisions of generally applicable law, as well as the provisions of these Regulations and documents constituting its integral part and other applicable regulations;

b) neither provide nor forward content prohibited by generally applicable law;

c) neither to provide nor forward content that is contrary to morality and principles of social coexistence within the meaning of the Civil Code Act.

2. If the Service requires the User to provide specific data, the User undertakes to provide data that is true, accurate, complete and not misleading. The User bears full liability for any consequences resulting from their improper completion of the Application forms, in particular providing incorrect or false data by the User.

3. It is forbidden for the User to provide illegal, offensive, false or misleading content, content containing viruses or content that may cause disruption or damage to computer systems. If the Owner receives reliable information about the unlawful nature of the stored data provided by the User, the Service Provider may prevent access to this data.

4. The Service Provider shall not be held liable to the User for any damage resulting from preventing access to illegal data. In the event of obtaining reliable information about the unlawful nature of the data, the Service Provider shall notify the User of its intention to prevent access to the data. If the User provides the content and data referred to above, the Service Provider has the right to make a claim for damages directly to the User, under the terms set out in the Civil Code.

5. The User has the right, using the forms available in the Application and only to the extent allowed by the Application, to independently post in the Application information, documents and other data regarding their Business Account/Account, which should comply with the provisions of generally applicable law, these Regulations and morality and may not infringe the rights of third parties.

6. It is forbidden to use the Application for any purpose that violates generally applicable law.

7. It is forbidden to copy materials posted in the Application or distribute them in any form without the express consent of the Service Provider, with the exception of materials posted in the Application by the User.

§ 11. DETAILED RISKS RELATED TO THE USE OF ELECTRONIC SERVICES

1. Pursuant to Art. 6 sec. 1 of the Act on the Provision of Electronic Services, the Service Provider informs Users about the specific risks related to the use by Users of services provided electronically.

2. This information relates to risks which should be taken into account even though they may occur only potentially, despite the Service Provider's use of measures securing the Service Provider's infrastructure against unauthorised actions of third parties.

3. Detailed risks related to the use of services provided by electronic means include the threat of unauthorised persons gaining access to data transmitted via the web or stored on computers connected to the web as well as interference in this data, which may result, in particular, in their loss, unauthorised modification or disabling the use of the services offered via the Application.

4. The basic risks related to the use of the Internet include:

a) malware – various types of applications or scripts that have harmful, criminal or malicious effects on the web user's ICT system, such as viruses, worms, Trojans (Trojan horses), keyloggers and dialers;

b) spyware – programmes that track user activities, collect information about the user and send it to the programme's author, usually without the user's knowledge or consent;

c) spam – unwelcome and unsolicited electronic messages sent simultaneously to many recipients, often containing advertising content;

d) phishing confidential personal information (e.g. passwords) by impersonating a trustworthy person or institution;

e) hacking into the user's ICT system using hacker tools such as exploit and rootkit.

5. To avoid the above risks, the User should obtain anti-virus software for their computer and other electronic devices that they use to connect to the Internet. The programme should be updated regularly.

6. Protection against risks related to the use of electronic services by Users is also provided by:

a) an enabled firewall;

b) ensuring the software is updated;

c) not opening email attachments of unknown origin;

d) reading application installation windows, as well as their licenses;

e) disabling macros in MS Office files of unknown origin;

f) running regular full system scans with anti-virus and anti-malware software;

g) encrypting data transmission;

j) installing preventive programmes (intrusion detection and prevention);

i) using an original system and applications obtained from legal sources.

§ 12. COMPLAINTS

1. All complaints related to the use of the Application and the provision of Services through it, as well as questions regarding the use of the Application should be sent to the Application Operator at the email address lko@restbill.pl

2. The complaint should include: the User's name, surname, telephone number and email address (provided during registration), model and the name of the mobile device, the current version of the operating system installed on the mobile device, as well as a detailed description and indication of the reason for the complaint.

3. Within 30 days from the date of receipt of the complaint, the Application Operator shall review the complaint and inform the User via email about the outcome. If the data or information provided in the complaint need to be supplemented, the Application Operator shall request the User to do so before processing the complaint. The time taken by the User to provide additional clarification shall extend the period for processing the complaint.

4. Failure to respond to the complaint within the time limit referred to in sec. 3 above means, according to the wording of Art. 7a of the Act on Consumer Rights that the complaint of the User who is a consumer has been found justified – in the remaining scope regarding the complaint of Users who are not consumers, the lack of response does not have such an effect.

§ 13. CONSUMER RIGHTS

1. The User who is a consumer declares, in connection with the conclusion of the contract for the provision of Services, which is a distance contract, that they are aware that the provisions of the Act on Consumer Rights of 3 May 2014 (Journal of Laws of 2020, item 287, as amended, hereinafter: the Act on Consumer Rights). A contract for the provision of Services is a contract concluded as part of an organised system for concluding distance contracts, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication up to and including the conclusion of the contract for the provision of Services.

2. As an entrepreneur, the Service Provider provides the User as a consumer with the following information:

a) The Service Provider is RestBill sp. z o.o. with its seat in Wrocław, at Leszczyńskiego 4/78 street, 50-078 Wrocław.

b) the User who is a consumer has the right to withdraw from the contract for the provision of Services and these Regulations and annexes without giving any reason, by submitting an appropriate written statement within 14 days of the date of conclusion of the contract for the provision of Services or from the date of confirmation of the information indicated in this section on a durable data carrier in paper form – upon the expiration of the later of these two referenced dates. Such a User shall not incur any costs related to the submitted declaration of withdrawal from the contract for the provision of Services, and the contract for the provision of Services shall be considered null and void – the User who is a consumer shall be relieved of all obligations.

c) The User who is a consumer shall not incur any additional costs resulting from the use of means of remote communication and there is no possibility for them to occur.

d) Complaints regarding the contract for the provision of Services may be submitted in the manner specified in § 11 "Complaints" of these Regulations.

e) the Service Provider provides for the possibility of out-of-court settlement of disputes arising from this contract for the provision of Services – the entity that settles disputes out of court has been indicated in § 13 "Dispute resolution" in these Regulations.

f) the governing law that shall be applicable to the relationship between the Service Provider and the User concerning the conclusion and performance of the contract for the provision of Services and other mutual relations shall be the law of Poland.

g) the Service Provider declares that the User, who is a consumer, has the right to withdraw from the concluded contract for the provision of electronic services within 14 days – a template of the relevant statement is attached as Annex 2 to these Regulations. The consumer agrees to be provided with the Services as soon as the contract for the provision of Services is concluded, in which case the consumer may not have the right to submit a declaration of withdrawal from the contract for the provision of Services, pursuant to the wording of Art. 38 of the Law on Consumer Rights.

§ 14. DISPUTE RESOLUTION

1. If the Service Provider does not accept the complaint of the User who is a consumer, and the consumer does not agree with the Service Provider's decision, he or she may request mediation or dispute resolution to an arbitration court, and thus use alternative dispute resolution methods.

2. Settlement of any disputes arising between the Service Provider and the User who is a consumer shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws of 2020, item 1575, as amended).

3. Settlement of any disputes arising between the Service Provider and the User who is a consumer shall be subject to the court having jurisdiction over the Service Provider's seat.

§ 15. FINAL PROVISIONS

1. These Regulations shall enter into force on 10 August 2021.

2. The Service Provider reserves the right to amend the Regulations at any time, for reasons including in particular:

a) extending or modifying the Application's functionality;

b) introducing new services or changing the scope of the Services, in particular introducing fees for some or all of the Services;

c) changes in technical requirements necessary for the operation of the Application, in particular devices and the User's telecommunications system;

d) the need to adapt the Regulations to the applicable law, in particular with regard to the Services provided, including the need to remove – if any – the provisions that are inconsistent with the provisions of mandatory law;

e) the necessity to adapt provided Services or the content of the Regulations to judicial rulings and administrative decisions;

f) adapting the Regulations to the best practices related to providing services and the protection of Users,

g) termination of the Application;

h) changing the Service Provider’s data disclosed in the Regulations, in particular the contact details.

3. The Service Provider shall provide notice of amendments made to the Regulations by:

a) sending the registered User information about the amendment to the Regulations and annexes thereto and a uniform text of the Regulations and annexes thereto by email to the email address provided during the registration process; and

b) by sending a message visible to the User after they log in, including information about an amendment to the Regulations and annexes thereto along with a link to the new Regulations or introduced amendments;

c) placing information about amendments to the Regulations or annexes thereto in the Application.

4. The amendments shall come into force after 30 days from the date of making the amended text of the Regulations/annexes available, at least in the manner indicated in sec. 3(b) and (c) above. After these amendments have been introduced and after the expiry of the above-mentioned period, the User's use of the Application is tantamount to accepting them.

5. Acceptance of the Regulations by the User is tantamount to acceptance of the Privacy Policy and consent to the processing of Personal Data necessary for the provision of services by the Application Operator via the Application. The Application Operator provides permanent access to the Privacy Policy via https://restbill.pl/polityka-prywatnosci/

6. The Application Operator may transfer to another entity the rights resulting from these Regulations and the Privacy Policy, however, this shall not affect the User's rights.

7. Each provision of these Regulations functions separately. If any provision of the Regulations is held invalid by a court, the remaining provisions shall remain in force.

8. In matters not covered by these Regulations, the provisions of generally applicable Polish law shall apply, in particular the provisions of the Civil Code Act of 23 April 1964, the Act on the Protection of Personal Data of 29 August 1997 and the Act on the Provision of Electronic Services of 18 July 2002.

9. The language used in relations resulting from these Regulations and the annexes hereto is Polish.

10. The law applicable to the use of these Regulations is the Polish law.

11. In matters not covered by these Regulations, the provisions of generally applicable law shall apply, including in particular:

a). the Act on the Provision of Electronic Services;

b). the Act on Payment Services;

c). the Civil Code Act of 23 April 1964;

d). the Telecommunications Act of 16 July 2004;

e). the Act on the Protection of Personal Data (Journal of Laws 2019, item 1781, as amended);;

f). the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation; OJ EU L 119/1).

12. The following documents constitute an integral part of these Regulations:

- Annex No. 1 – the Privacy Policy currently in force;




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