Terms of Service of the GastroReady online service

1. General provisions

1. These Terms set out:

1. rules for using the GastroReady online service available at gastroready.pl,
2. rules for the provision of electronic services by the Service Provider,
3. rules for concluding and performing contracts for the sale of Digital Products,
4. the rights and obligations of the Service Provider and Buyers,
5. complaint and withdrawal rules.

2. The Service is used for the sale of Digital Products related to documentation for the food-service industry, in particular HACCP and GMP/GHP documentation, instructions, templates, checklists, registers and supporting materials.

3. These Terms are made available in the Service free of charge in a manner that allows them to be obtained, reproduced and stored.

4. Use of the Service requires prior reading and acceptance of these Terms to the extent required when placing an Order.

5. With respect to electronically supplied services, these Terms constitute terms of service within the meaning of art. 8 of the Polish Act on the provision of electronic services.

2. Service Provider details

1. The Service Provider and seller is 100M Sp. z o.o., with registered office at:

ul. Franciszka Kotuli 48, 35-122 Rzeszów, Polska

2. Registration data:

• NIP (Polish VAT ID): 8133855259
• REGON: 388240114
• KRS: 0000885682

3. Contact:

• e-mail: kontakt@gastroready.pl
• phone: [phone number to be added]
• contact hours: Monday–Friday, 9:00–17:00 (Europe/Warsaw)

4. E-mail response time is indicative and is, as a rule, up to 24 business hours.

3. Definitions

For the purposes of these Terms, the following definitions apply:

1. Service – online store operated by the Service Provider at gastroready.pl.
2. Service Provider – 100M Sp. z o.o..
3. Buyer – a natural person, a legal person or an organisational unit without legal personality placing an Order in the Service.
4. Consumer – a natural person performing a legal act with the Service Provider not directly connected with their business or professional activity.
5. Sole trader on consumer rights – a natural person concluding a contract directly connected with their business activity, where it follows from the content of that contract that it does not have a professional character for that person, in particular due to the subject matter of their business activity.
6. Digital Product – digital content not delivered on a tangible medium, sold via the Service, in particular PDF, DOCX, XLSX files, checklists, instructions, document templates, registers, implementation materials or other electronic files.
7. Electronic service – a service provided electronically by the Service Provider, in particular the Order form, contact form, user account, file-download module or newsletter, where available in the Service.
8. Order – the Buyer's declaration of intent aimed directly at concluding a contract for the sale of a Digital Product.
9. Contract – a distance contract for the supply of digital content concluded between the Buyer and the Service Provider.
10. Price – the gross price stated next to the Digital Product at the time of placing the Order.
11. Payment Operator – the external payment-services provider handling payments in the Service, currently TPay.

4. Types and scope of electronically supplied services

1. The Service Provider supplies the following services electronically:

1. browsing the contents of the Service,
2. placing Orders via the form,
3. making online payments via the Payment Operator,
4. delivery of a download link to the Digital Product or making it available in the user account, where such functionality is available,
5. contact with the Service Provider via e-mail address or contact form,
6. other services indicated in the Service, where made available.

2. Electronic services are supplied free of charge, except for Contracts concerning paid Digital Products.

3. The contract for the electronic service consisting in browsing the Service is concluded upon entering the Service and ends upon leaving it.

4. The contract for the electronic service consisting in enabling Order placement is concluded upon starting to use the Order form and ends upon Order submission or upon ceasing to use the form.

5. If a user account is available in the Service, rules for its creation, maintenance and removal may be detailed in separate provisions or a functional policy.

5. Technical requirements

1. Proper use of the Service and Digital Products requires:

1. a device with internet access,
2. an up-to-date web browser supporting standard web technologies and cookies,
3. an active e-mail address,
4. software allowing PDF files to be opened,
5. for editable files – software supporting the relevant format, e.g. DOCX, XLSX or an equivalent format.

2. The Service Provider informs that some functionalities of the Service may require cookies or JavaScript to be enabled.

3. The Service Provider does not guarantee full compatibility of Digital Products with every individual digital environment of the Buyer if that environment does not meet the minimum technical requirements set out in the Terms or on the Product page.

4. The Buyer is obliged to use the Service and Digital Products in accordance with their intended purpose, the law and the Terms.

6. Prohibition of unlawful content

1. The Buyer is obliged to use the Service in a manner consistent with the law, good practice and respecting the rights of the Service Provider and third parties.

2. It is prohibited for the Buyer to supply unlawful content, including data infringing the rights of third parties, personal rights or the law.

3. It is prohibited to take actions that may disrupt the operation of the Service, including unauthorised access attempts, circumventing security measures, automated data scraping without the Service Provider's consent or using the Service in a manner contrary to its intended purpose.

7. Information about Digital Products

1. Digital Products offered in the Service are digital content not delivered on a tangible medium.

2. The description of a Digital Product in the Service indicates its main features, scope, file formats and any additional elements, e.g. an implementation guide or supporting materials.

3. Unless expressly stated otherwise in the Product description, a Digital Product:

1. is not a legal, sanitary, technological or tax advisory service,
2. does not constitute documentation individually drafted for a specific premises,
3. does not replace the obligation to independently adapt the documentation to the actual operating conditions of the business,
4. does not automatically guarantee compliance with all requirements of the competent authorities without proper completion, implementation and use in practice.

4. The Buyer acknowledges that HACCP, GMP/GHP documentation and other materials offered by the Service Provider are templates, implementation and supporting materials that require completion, adaptation and use in line with the actual conditions of the given premises, process, team, equipment and work organisation.

5. The Buyer is responsible for:

1. the accuracy of the data entered into the documentation,
2. the consistency of the implemented procedures with the actual operation of the premises,
3. the use of the documentation in practice,
4. the ongoing keeping of required registers, where applicable,
5. updating the documentation in case of organisational, technological, premises-related or legal changes affecting the business.

8. Prices and payments

1. All prices in the Service are gross prices in Polish złoty, unless expressly stated otherwise.

2. The price of a Digital Product applies as of the time of placing the Order.

3. Payments are processed via the Payment Operator TPay or other methods made available in the Service.

4. Available payment methods may include in particular:

1. fast online bank transfer,
2. card payment,
3. other methods indicated by the Payment Operator.

5. The Service Provider does not store Buyers' payment-card data. Payment processing takes place in accordance with the Payment Operator's terms and policies.

9. Placing an Order and conclusion of the Contract

1. To place an Order the Buyer:

1. selects a Digital Product,
2. adds it to the cart or proceeds directly to checkout,
3. fills in the required data, in particular e-mail address, name and surname, and where required also invoicing data, including NIP,
4. accepts these Terms,
5. provides any required statements regarding digital content, where applicable,
6. clicks the button finalising the purchase with an obligation to pay,
7. makes the payment.

2. Placing an Order constitutes an offer to conclude the Contract.

3. The Contract is concluded upon the Service Provider confirming acceptance of the Order for processing, or upon successful payment confirmation and the start of Digital Product delivery, depending on the technical process applied.

4. After placing an Order the Buyer receives a confirmation at the e-mail address provided.

5. The Service Provider provides the Buyer with confirmation of the conclusion of the Contract on a durable medium, in particular by e-mail.

10. Delivery of the Digital Product

1. The Digital Product is delivered without delay after the payment is credited or after a successful payment-authorisation confirmation is received, unless a different deadline is indicated in the Product description.

2. Delivery of the Digital Product takes place by:

1. sending a download link to the e-mail address provided by the Buyer, or
2. making the files available for download in the user account, where such functionality is available.

3. The Buyer should promptly verify the correctness of the e-mail address provided. The Service Provider is not liable for non-delivery resulting from an incorrect e-mail address provided by the Buyer, unless the issue lies on the Service Provider's side.

4. If the Buyer has not received the message with the download link despite a successful payment, the Buyer should contact the Service Provider.

5. Unless otherwise stated, the Digital Product is delivered as a one-off.

11. Functionality, compatibility and interoperability

1. Digital Products may be made available in formats such as PDF, DOCX, XLSX or other formats indicated on the Product page.

2. PDF files are intended for reading and printing. Editable files are intended for completion and adaptation by the Buyer.

3. The scope of editability may differ depending on the type of Product.

4. Some formatting elements may display differently depending on the program, operating system, software version or device settings used.

5. Digital Products do not contain technical DRM measures, unless expressly indicated otherwise.

6. Where particular technical or software conditions are required for proper use of the Digital Product, that information is placed on the Product page or in its description.

12. Licence and rules of use

1. The Service Provider is the sole author of the Digital Product and the sole legal owner of the copyright and related rights to the described Digital Products.

2. The Digital Product offered is a work protected by copyright. All economic and moral rights to it belong exclusively to the Service Provider.

3. Upon delivery of the Digital Product, the Service Provider grants the Buyer a non-exclusive, non-transferable and non-assignable licence to use the Digital Product on the conditions set out in these Terms.

4. The licence covers use of the Digital Product solely for the Buyer's own internal needs, within their business activity or for personal use, with no right to resell or sublicense.

5. Unless the Product description provides otherwise, the licence allows:

1. saving the files on the Buyer's own devices,
2. printing for the Buyer's own use,
3. editing editable files for the purposes of the Buyer's own business activity,
4. using the documentation in one undertaking of the Buyer.

6. Without the prior written consent of the Service Provider it is prohibited to:

1. resell, redistribute, share or disseminate Digital Products or any part of them in electronic form (e.g. by e-mail, posting in groups, on forums, servers, Dropbox, Google Drive, etc.) or in paper form,
2. share them with third parties beyond the permitted use stemming from the implementation purpose,
3. publish them on the internet or on intranets accessible to unauthorised persons,
4. copy, reproduce or distribute Digital Products for commercial purposes,
5. offer Digital Products as one's own materials, templates or works,
6. disseminate the content as training materials, courses, webinars, online courses or paid guides,
7. introduce material changes to the content, editing, layout or graphics of the Digital Product (e.g. reworking it into one's own book, course or service package).

7. The Buyer may share the Digital Product with their employees, co-workers, attorneys, consultants or entities supporting implementation only to the extent necessary to use the documentation in their own business, subject to confidentiality and a prohibition on further distribution.

8. If the Buyer intends to use the documentation in more than one premises, entity, branch, franchise or affiliated company, they should acquire an appropriate licence scope or obtain the Service Provider's consent.

9. The Service Provider applies individual numbering (watermarks with the customer's data) or other identification mechanisms in the offered content to protect the content and monitor unauthorised distribution.

13. Right of withdrawal

A. General rule

1. A Consumer and a Sole trader on consumer rights are, as a rule, entitled to withdraw from a distance Contract within 14 days from its conclusion, without giving reasons, subject to the provisions below regarding digital content.

2. To exercise the right of withdrawal, the entitled person should submit to the Service Provider an unequivocal statement of withdrawal, in particular by e-mail to kontakt@gastroready.pl.

3. The entitled person may use the model withdrawal form attached to the Terms, but this is not mandatory.

4. Sending the statement before the deadline is sufficient to meet it.

B. Digital-content exception

5. The right of withdrawal does not apply to a Contract for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay a price, where cumulatively:

1. the Service Provider has commenced performance,
2. this took place with the express prior consent of the Consumer,
3. the Consumer was informed prior to the start of performance that, after performance, they will lose the right of withdrawal,
4. the Consumer acknowledged this,
5. the Service Provider has provided confirmation of the conclusion of the Contract and the consents obtained on a durable medium.

6. If the conditions in section 5 are not all met, the right of withdrawal does not lapse on this basis.

C. Effects of withdrawal

7. In the event of effective withdrawal from the Contract, the Service Provider returns all payments received without delay and no later than within 14 days from receipt of the withdrawal statement, using the same payment method used by the Buyer, unless the Buyer expressly agrees to another method of return.

8. If the Buyer has lost the right of withdrawal pursuant to section 5, withdrawal will not be effective.

14. Complaints regarding the Service and electronic services

1. Complaints concerning the operation of the Service or Electronic Services may be submitted to: kontakt@gastroready.pl.

2. A complaint should include:

1. data identifying the Buyer,
2. e-mail address used at the time of the Order, where applicable,
3. description of the problem,
4. the Buyer's request, where specified.

3. The Service Provider examines complaints within 14 days from receipt, unless mandatory law provides for a different effect or deadline.

15. Liability for conformity of digital content with the Contract

1. Towards Consumers and Sole traders on consumer rights, the Service Provider is liable for the lack of conformity of the Digital Product with the Contract on the basis of the Polish Act on consumer rights.

2. A Digital Product is in conformity with the Contract if it conforms in particular as to: description, type, completeness, functionality, compatibility and interoperability; suitability for a particular purpose communicated by the Buyer to the Service Provider no later than at the time of conclusion of the Contract and accepted by the Service Provider; suitability for the purposes for which digital content of that type is normally used; conformity with any sample, version or preview presented before the Contract was concluded.

3. Where the Digital Product is delivered as a one-off, the Service Provider is liable for any lack of conformity that existed at the time of delivery and revealed itself within 2 years of that time.

4. Where the Digital Product is delivered on an ongoing basis, the Service Provider is liable for any lack of conformity that occurred or revealed itself in the period during which it was to be delivered under the Contract.

5. In the event of lack of conformity of the Digital Product with the Contract, the Consumer or Sole trader on consumer rights may demand that the Product be brought into conformity with the Contract.

6. If bringing the Product into conformity is impossible or would entail excessive costs, the Service Provider may refuse to bring it into conformity within the limits provided for by law.

7. Where the Digital Product is not in conformity with the Contract, the entitled Buyer may also submit a statement on price reduction or withdrawal from the Contract in cases provided for by law.

8. Complaints based on lack of conformity with the Contract may be submitted to: kontakt@gastroready.pl.

9. A complaint should include: Buyer's data; e-mail address used at the time of purchase; identification of the Product complained of; description of the lack of conformity found; the Buyer's request.

10. The Service Provider responds to complaints within a reasonable time, no later than within the period resulting from law.

16. Liability exclusions and limitations vis-à-vis entrepreneurs

1. Towards Buyers who are neither Consumers nor Sole traders on consumer rights, the Service Provider's liability under statutory warranty and for non-conformity of performance with the Contract is excluded to the maximum extent permitted by law.

2. Towards the entities referred to in section 1, the Service Provider is not liable for: the consequences of incorrect implementation of the documentation; the consequences of entering false, incomplete or outdated data into the documentation; the consequences of using the documentation contrary to its intended purpose; results stemming from the customer's own actions; the consequences of changes in law or in the practice of authorities that occurred after the Product's update date; loss of profits.

3. Nothing in these Terms excludes or limits the Service Provider's liability towards Consumers or Sole traders on consumer rights to the extent that this would be inadmissible.

17. Personal data

1. The rules for the processing of personal data and the use of cookies are set out in the Privacy Policy available in the Service.

2. Buyers' personal data are processed to the extent necessary to: conclude and perform the Contract; handle payments; fulfil legal obligations of the Service Provider; handle complaints and contact the Buyer.

18. Reviews, marketing and informational materials

1. All descriptions, informational materials, marketing content, FAQs, checklists and communications published in the Service should be interpreted together with the description of the specific Product and these Terms.

1a. The Seller may additionally publish informational content (e.g. blog, newsletter, product descriptions) which is not subject to sale but is part of the marketing offer.

2. Unless expressly stated otherwise in an individual offer, the Service Provider does not provide individual advisory, audit or legal services as part of the purchase of a Digital Product.

3. Any examples, recommendations or templates presented in Digital Products are auxiliary and require evaluation and adaptation by the Buyer to the specifics of their business.

4. Review-verification rules

In line with Directive 2019/2161/EU (the OMNIBUS Directive) and the Polish Act on consumer rights:

1. Customer reviews of products and services published on the website are verified by the Seller as to whether the author actually purchased or used the reviewed product or service.

2. Verification is based on data from the order system (e.g. order number, e-mail address, customer panel data) and on the content of the review, in line with the requirements of Directive 2019/2161/EU (the OMNIBUS Directive) and the Polish Act on consumer rights.

3. The Seller has the right to choose which reviews are published, in particular:

• does not publish reviews that cannot be linked to a real purchase or use of the product,
• does not publish reviews that violate the law, principles of respect, personal rights or these Terms (e.g. offensive, untrue or vulgar content, content infringing the rights of third parties or used for spam).

4. The Seller is also entitled to:

• remove a previously published review if, after publication, it turns out to violate the rules indicated in section 3,
• block or restrict the ability of a specific user to add reviews in case of repeated breaches.

5. Reviews originating from external platforms (e.g. Google, Facebook, Instagram) are not verified by the Seller for authenticity; their content is governed by the rules of those platforms and the Seller is not responsible for it.

6. By leaving reviews, users agree to verification and to the fact that the Seller may reject their publication or remove them in line with this section and the rules described in these Terms.

19. Out-of-court dispute resolution

1. Consumers may use out-of-court methods of dealing with complaints and pursuing claims in accordance with applicable law.

2. Detailed information about out-of-court dispute resolution is available, among others, on the websites of the relevant public institutions, including UOKiK and consumer ombudsmen.

20. Changes to the Terms

1. The Service Provider may amend these Terms for important reasons, in particular: changes in law; changes in the functionality of the Service; changes in payment methods or methods of delivering Digital Products; the need to clarify the provisions of the Terms.

2. Contracts concluded prior to the entry into force of a new version of the Terms are governed by the Terms in force at the time of conclusion of the Contract, unless mandatory law provides otherwise.

3. The amended Terms are published in the Service together with the date of the latest update.

21. Final provisions

1. The law applicable to Contracts concluded under these Terms is Polish law, subject to mandatory provisions protecting the Consumer.

2. In matters not regulated by these Terms, the relevant provisions of Polish law apply, in particular: the Civil Code; the Act on consumer rights; the Act on the provision of electronic services; data protection regulations; the Act on copyright and related rights.

3. These Terms enter into force on the day of their publication in the Service.