LIMITED LIABILITY COMPANY "CLUB RIVERWOOD", on the one hand, and any person who has accepted (accepted) this offer (hereinafter referred to as the "User"), on the other hand, hereinafter jointly referred to as the Parties, and each individually as a Party, have concluded this Agreement for the sale of Restaurant services remotely (hereinafter referred to as the "Agreement"), addressed to an unlimited number of persons, which is an official public offer of the Restaurant to conclude an Agreement with any User on the following:
- Definition of terms
1.1 Public offer (hereinafter referred to as the “Offer”) is a public offer of the Restaurant, addressed to an unspecified circle of persons, to conclude an Agreement with the Restaurant on the terms and conditions contained in this Offer.
1.2 User – any adult capable person who has accepted (accepted) the Agreement and/or on whose behalf the Order was placed (the Agreement was accepted).
1.3 Acceptance – the User's full and unconditional consent to the conclusion of this Agreement in its entirety.
1.4 Website – a collection of information, texts, graphic design elements, images, photos and video materials and other results of intellectual activity, as well as programs contained in an information system that ensures the availability of such information at a network address (domain) on the Internet. Website address on the Internet https://smartspot.servio.support/ServioQR/restaurant?rID=0ead4b5f-8113-4cf3-ab6c-ee65d37d4897&tableID=14943
1.5 Orders – items specified by the User from the range of Restaurant Services offered for sale when placing an application for the purchase of Restaurant Services on the Site.
1.6 Restaurant services – the object of the agreement between the parties, a service, product and/or service that was selected by the User in the Restaurant in a physical way.
1.7. Consent of the personal data subject is a voluntary expression of will of an individual (provided that he is informed) to grant permission for the processing of his personal data in accordance with the formulated purpose of their processing, expressed in a form that allows to conclude that consent has been granted.
1.8. Processing of personal data – any action or set of actions performed in whole or in part in an information (automated) system and/or in personal data filing systems, which are related to the collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (dissemination, sale, transfer), depersonalization, destruction of information about an individual.
- Offer Subject
2.1 The subject of this agreement is to provide the opportunity to receive the services of the Site, receive the content of the Site, and also to purchase for personal, family, household and other needs, as well as for needs related to the conduct of business activities, Restaurant services presented in the Site catalog, as well as other services and services.
2.2 This agreement applies to all services, goods, and services presented on the Site.
- General provisions
3.1 The User's order of Restaurant Services posted on the Site means that the User agrees with all the terms and conditions of this Offer in full and that the User has accepted the Offer.
3.2 Any of the following actions shall be deemed to be full and unconditional agreement (acceptance) to the terms of this Agreement:
3.2.1. registration by the User on the Site;
3.2.2. orders by the User for Restaurant services posted on the Site;
3.2.3. use of the Site by viewing the materials and/or information posted on it.
3.3. The Site Administration has the right to make changes to the Offer without notifying the User.
3.4. Information about Restaurant Services is posted on the Site. By accepting the Offer, the User confirms that he is familiar with the information about Restaurant Services in full.
- Price
4.1 Prices for each item of Restaurant Services are determined by the Restaurant independently and indicated on the Site.
4.2 The Restaurant has the right to unilaterally change the price for any item of Restaurant Services.
4.3 The User's obligations to pay for Restaurant services are considered fulfilled from the moment the Restaurant receives funds.
4.4 Payment for services at the Restaurant is made in cash, by bank cards of the MPS Visa, Mastercard, by transfer, by non-cash payment by bank transfer, through a payment intermediary.
- Ordering
5.1 The User orders Restaurant Services at the establishment.
5.2 Payment for Goods and/or Services is made by the User directly at the Establishment by scanning the QR code provided by the staff or placed on the table, bill or in another accessible place in the restaurant.
5.3 The QR code leads to a payment page through which the User can make a payment using a bank card, Apple Pay, Google Pay.
5.4 Payment is considered to be made from the moment of confirmation of a successful transaction by the payment system. After payment, the User receives an electronic receipt.
5.5 In case of technical difficulties with payment via QR code, the User has the right to make payment by another available method agreed with the staff of the Establishment (for example, by cash or bank card payment via POS terminal).
5.6 The User is obliged to make full payment before leaving the Establishment.
5.7 The Restaurant is not responsible for the content and accuracy of the information provided by the User during registration.
5.8 The User bears full responsibility for the accuracy of the information provided during registration.
5.9 If any of the Parties to the Agreement requires additional information, it has the right to request it from the other Party. In the event of failure to provide the necessary information by the User, the Restaurant shall not be liable for the provision of quality Restaurant services to the User.
5.10 In the event of cancellation of a fully or partially prepaid Order, the cost of the canceled Restaurant Services may be refunded by the Restaurant to the User upon agreement of the Parties.
- Rights and obligations of the Restaurant
6.1 Provide the User with Restaurant Services after confirming the payment made and identifying the User as the payer of the payment made.
6.2 Do not disclose to third parties the User's personal data that he/she provides during registration.
6.3 Accept and fulfill Orders during the Restaurant's working hours.
6.4 The Restaurant has the right to temporarily suspend the operation of the Site for technical, technological or other reasons - until such reasons are eliminated, with or without prior notice to the Users.
6.5 The Restaurant has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the User to third parties.
6.6 In the event of a violation by the User of the terms of this agreement, the Restaurant has the right to suspend cooperation and/or use of the site by this user until the user eliminates the violations and compensates (compensates) the Restaurant for the losses caused by such violations in full.
- User Responsibilities
7.1 To receive Restaurant Services, pay the cost in a timely manner in accordance with the procedure provided for in this Agreement.
7.2 Comply with the terms of the Agreement.
7.3 The User agrees not to reproduce, duplicate or copy, sell or resell, or use for any commercial purposes any parts of the site, use of the services or access to them, except in cases where such permission is granted to the User by the Restaurant.
7.4 The User undertakes not to take any actions aimed at causing damage to the software or hardware part of the Site (distribution of virus programs, hacking of servers, etc.), and also to inform the Restaurant about any situations known to him that pose a potential threat to the safe functioning of the Site. The User undertakes to strictly comply with the terms of this Agreement and any amendments thereto.
- Other conditions
8.1 Any use of materials from the Site is not permitted without the written consent of its copyright holder. In the event of use of materials from the Site contrary to the above and/or violation of copyright and related rights of the Site owner, the guilty party shall be liable under the current legislation of Ukraine.
8.2 The Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and has the same force as if it had been signed by the Parties.
8.3 The invalidity of individual provisions of this Agreement shall not result in the invalidity of its other provisions and the Agreement as a whole, if it can be assumed that the Agreement would have been concluded without the inclusion of the invalid provision.
8.4 In case of any questions or complaints from the User, he/she must contact the Restaurant by phone or other available means. All disputes arising from the use of the Service will be resolved through negotiations; if an agreement is not reached, the dispute will be referred to a judicial body for consideration in accordance with the current legislation of Ukraine.
8.5 In all matters not stipulated by this Agreement, the Restaurant and the User have agreed to be guided by the current legislation of Ukraine.
8.6 This Agreement shall enter into force for each individual User at the time of such User's performance of the concluding actions and shall remain in effect until the Parties have finally fulfilled their obligations under the Agreement.
8.7 The restaurant is not responsible for:
- for the consequences of the application, use or non-use of information obtained on the site.
- for possible inconsistency of the results obtained when using the site with the user's expectations.
- for any damage to the user's equipment or software resulting from use of the site.
- for the inability to use the site for any reason.
- In the event of loss or disclosure of Personal Information, the Site Administration and the Restaurant are not responsible if this information:
1) became or was public at the time of loss or disclosure;
2) has become or was placed in publicly available sources of information;
3) was received from a third party before its receipt by the Site Administration;
4) was disclosed with the consent of the User;
5) was disclosed by the User;
6) has been disclosed by another person to the User.
8.8 The Restaurant is not liable to the User or third parties for any harm, losses or expenses arising from the use or non-use of the site, including lost profits or unearned income.
8.9 The User agrees that any information and images posted on the site may be used by the Restaurant at its sole discretion without payment of any remuneration to the User.
8.10 The Restaurant does not bear any obligations to ensure confidentiality of information provided to its users. The Restaurant is not responsible for any discrepancy between the services expected by the user and the services actually received/purchased by the Restaurant.
8.11 By accepting the Agreement, the User confirms that he has reached the appropriate age, which allows him to independently conclude this Agreement. By accepting the Agreement, the User voluntarily consents to the collection and processing of his personal data for the following purpose: the data that becomes known will be used for commercial purposes, including to obtain information about the order, fulfill this Agreement and process information about the order, determine the amount of payment, send advertising and special offers by means of communication (e-mail, mobile communication, via the Internet) and information about promotions. The User guarantees that the indication of personal data of a person other than him in the event that the User places an Order and/or registers and/or pays for Restaurant Services is carried out exclusively after obtaining the consent of such a person other than the User.
8.12 The Parties are exempt from liability for violation of the terms of this agreement if such violation is caused by force majeure circumstances, including: actions of government authorities (including the adoption of legal acts, restrictions on work), fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, civil unrest, declaration of martial law, riots, any other circumstances, not limited to the above, that may affect the Parties' performance of their obligations.
8.13 The Agreement may be amended and/or supplemented by the Restaurant unilaterally at any time without prior and/or further notice to the User.
LLC "CLUB RIVERWOOD"
EDRPOU 42978903
UA273052990000026000041609032
JSC CB “PRIVATBANK”
Legal address: Ukraine, 19615, Cherkasy region, Cherkasy district, village of Moshny, Nevskoho St., building 15
