General Terms and Conditions
for the PADTHAI WOKSTAR mobile app
General Terms and Conditions
for the PADTHAI WOKSTAR mobile app
Effective:
from 17 December 2024
Table of contents
I. General information 3
II. Definitions 4
III. Terms of Use 6
IV. Intellectual property 6
V. Using the Application 7
VI. Liability rules 8
VII. Prohibited User Conduct 9
VIII. Technical requirements 10
IX. Registration, access 11
X. The scope of the Order 13
XI. Payment of the Order 18
XII. Objections, complaints, questions 20
XIII. Padthai Loyalty programme 22
XIV. Privacy Policy 25
I.
General information
The operator of
the PADTHAI WOKSTAR application (hereinafter: Application) is R.T.B. Étterem Korlátolt
Felelősségű Társaság (registered office: 1122 Budapest, Bíró utca 7., company
registration number: 01-09-201806, tax number: 24103114-2-43, contact:
support@padthaiwokbar.com) (hereinafter: Operator).
The server
service is provided by DEEPBLUE System Informatikai Szolgáltató Korlátolt
Felelősségű Társaság (registered office: 1064 Budapest, Vörösmarty utca 67; company
registration number: 01-09-874425, tax number: 13810380-2-42) (hereinafter
referred to as the “Server Provider”).
When accessing
and using the Application, the User shall fully comply with the applicable laws
and the provisions of the applicable GTC.
II.
Definitions
a)
Data: any data, facts or information
provided by Users to the Operator in connection with the Advertisements in the
context of the Contract, excluding personal data provided by Users.
b)
Database: database created by the Operator
in the course of the data management process, which is considered a database
according to the Act.
c)
Privacy Policy: the Operator’s policy
on the handling, protection and destruction of personal data provided by Users,
in accordance with the applicable European Union and Hungarian legislation.
d)
Application: indicates the PADTHAI WOKSTAR
Application.
e) App
Store : Google Play and App Store.
f)
VAT: The value added tax in force in
Hungary at any given time.
g)
Ekertv.: Act CVIII of 2001 on certain
aspects of electronic commerce services and information society services.
h)
Electronic Invoice: an electronic
invoice issued in accordance with the provisions of Act CXXVII of 2007 on Value
Added Tax.
i)
Menu: the set of products available in
the App, which can be purchased or redeemed for Loyalty Points.
j)
Restaurant or Restaurants: restaurants
operated by the Padthai Group
k)
Parties: the Operator and the User
collectively.
l)
User: means a natural or non-natural
person who has a User Account under these GTC.
m)
User Account: the User’s profile with a
unique e-mail address and telephone number that provides access to the services
of the Application.
n)
Delivery: home delivery according to X.
5.1.
o)
Cart: a function to aggregate and
review the product or products selected from the Menu and finalise the Order.
p)
Padthai or Padthai group of companies:
indicates the Operator, Padthai Holding Ltd. and all its affiliated companies.
q)
Points or Loyalty Points: points earned
through the Padthai Loyalty programme
r)
Registration: create a User Account in
the application.
s)
Registrant: a natural or non-natural
person who initiates the registration process but is not yet a User and does
not yet have a User Account.
t)
Order: a purchase finalized by the User
through the Application interface for a product or products available on the
Menu, by paying the fee specified in the Cart and/or by redeeming a Loyalty
Point.
III.
Terms of Use
1.
By registering for the Application, the
User accepts the provisions of the applicable GTC and the applicable Privacy
Policy. If the User does not accept the provisions of the current GTC or the User
Privacy Policy, the User is not entitled to register and use the Application.
2.
The interpretation and application of these
GTC shall be governed by Hungarian law. The Users of the Application expressly
consent to the exclusive jurisdiction of the authorities and courts of the
place of establishment of the Operator in disputes under Hungarian law.
IV.
Intellectual property
1.
The Padthai group of companies is the
owner of the Application and all related trademarks, copyrights and other
intellectual property, whether registered or unregistered (collectively, the
“Intellectual Property”). Users are entitled to use the Application
with full respect for the Intellectual Property.
2.
Intellectual Property includes in
particular, but not limited to, all software, trademarks, logos, logotypes,
brand names, trade names, photographs, text, graphics, illustrations, colour
schemes, product names, databases.
3.
Any infringement of Intellectual
Property, such as infringing, copying, reproducing, adapting, unauthorized use,
transfer, encumbering, or disposing of it in any way is strictly prohibited.
4.
Any violation of these provisions, in
addition to the immediate termination of the possibility to use the Application,
shall result in the Operator and/or other holders of Intellectual Property
rights taking appropriate legal action, including possible criminal action,
against the User or any other person who infringes.
5.
A User may be deleted from the
Application database without prior notice if he/she:
a.
infringes the Operator’s moral rights
or other rights, the rights of the Padthai Group of Companies under Act LXXVI
of 1999 on Copyright, infringes the rights under Act CII of 2003 amending
certain industrial property and copyright acts., and/or any Intellectual
Property Rights or any other legal provisions by the content shared by the Operator
on any platform,
b.
display commercial, business-related
advertisements (so-called spam) through the Application or through messages
shared with your User Account, your account on any other platform or the community
with User Accounts on the Application in connection with the Application,
c.
harass, intimidate or defame other
Users through your User Account or any other messages shared through the App,
d.
distribute, copy, modify, adapt, copy
in whole or in part, or otherwise infringe, copy, misappropriate, or misuse the
Application in any way,
e.
makes unauthorised use of the
trademarks, slogans and trade names of the Application, the Padthai Group (in
particular, but not limited to, Padthai Wokbar, Wok2go, PADTEA, WOKSTAR,
Tomtom, We make your day) and Padthai Group’s contractual partners,
f.
harm the Application in any way (e.g.,
through software or telecommunications equipment)
g.
otherwise breaches any of the terms of
these GTC.
V.
Using the Application
1.
The Application is free to download and
free to register for and create a User Account.
2.
The data traffic operator may charge a
separate fee for downloading and using the Application. Any costs incurred in
this connection shall be borne by the User.
3.
Only registered Users are entitled to use
the Application.
4.
The Operator may modify these GTC and
the operation of the Application or terminate the operation of the Application at
any time without prior notice to the User.
5.
Access to the Application may be
withdrawn by the Operator at any time, either for a specific User or more
generally or in its entirety, without prior notice or warning.
VI.
Liability rules
1.
The Operator shall not be liable in any
way in the event of external, so-called SQL attacks against the Application or
the server running it. If, as a result of an attack on the Application or the
server, the User is unable to access the Application, the User receives
incorrect system messages when using the Application, or any of the User’s
recorded data, order history or loyalty points are lost as a result of external
attacks, the Operator shall not be liable for such cases.
2.
The Operator reserves the right to
exclude any User from the Application with immediate effect if it detects or
has reasonable grounds to suspect any manipulation, mass downloading, or any
conduct incompatible with or in breach of the spirit of the Application.
3.
Changes to the database related to the
Application may only be made by the Operator.
4.
Any interference by any external means
not available as part of the Application will result in the immediate exclusion
of the User.
5.
If the User closes the Application
while using it, or if the connection (for any reason) with the Server Provider is
lost, the Operator shall not be liable for any loss of data.
6.
The Operator, who creates and
administers the Application, will use all means at its disposal to ensure that
the use of the Application is technically secure. The Operator shall not be
liable for any damages resulting from the connection to or the improper
operation of the Application, any loss of data due to possible Internet network
downtime, path failure, any unexpected technical failure, computer virus or
other malicious attack targeting the Application.
7.
Users must always assess whether they
have the necessary knowledge and technical requirements to use the Application.
8.
The Operator declares and undertakes to
ensure an availability of 80% per year for the operation of the Application.
The Operator shall not be liable for any downtime or other malfunctions within
the limits of this clause, whether caused by the Operator, third parties or the
Operator’s partners.
VII.
User’s prohibited conduct
1.
You may not download, store, use or
sell, by automated means or otherwise, all or any part of the content displayed
on the Application or the Database (in whole or in part).
2.
You may not adapt or reverse engineer
the content of the Application or any part of it.
3.
You must not use any application or
software that allows you to modify or index the Application or any part of it
(e.g., a search engine or any other reverse-engineered application).
4.
The creation of User identifiers in a
way that is unfair and different from the purpose of the Application is
prohibited.
5.
You are prohibited from disclosing the
User Account used in the Application to any third party.
6.
Insulting, offensive, aggressive,
vulgar, sexual, political, or otherwise immoral or significantly different from
what is expected and customary in everyday communication, communication
behaviour or style is prohibited in oral or written communication with the
Operator, the Operator’s employees or the Operator’s contractual partners, as
well as on any communication surface of the Application.
7.
In addition to the foregoing, any
conduct of the User that is not specified in this Section VII, but is expressly
set forth as prohibited or prohibited conduct in other provisions of the GTC,
is also prohibited.
8.
The Operator stipulates that in the
event of the conduct set forth in this Section (VII.), the Operator is entitled
to delete the User from the Database without prior warning or reason and to
prohibit the User (based on his/her/it e-mail address and telephone number)
from re-registering.
VIII.
Technical requirements
1.
Technical requirements for using the
Application:
a.
For mobile phones running the Android
operating system, the latest publicly available Android operating system on 01
December 2024 or an operating system up to 4 major versions older.
b.
For mobile phones running the iOS operating
system, the latest publicly available iOS operating system on 01 December 2024
or 1 major version older.
and
a minimum of 120 MB of free storage space and sufficient bandwidth to access
the Internet. The technical conditions for downloading and using the
Application must be met by the User. The Operator cannot be held liable for
failure to comply with the technical conditions.
2.
For IT security reasons, the App cannot
be run on a rooted phone or a phone that does not have basic Google services.
3.
For IT security reasons, the Application
may report an error when offline.
4.
The Operator shall not be held liable
for any loss or corruption of data resulting from the use of the Application.
The Operator shall not be liable for damages in connection with any data or
information provided or displayed by any external server connected to the
Application.
5.
The Application can be used by
installing it, after registration. Installation is only permitted via Google
Play or the Apple App Store. The Application will check for updates regularly,
depending on the operating system running on your mobile phone. The Operator is
not responsible for the operation of the App Store and the operating system.
6.
When replacing your mobile device, you
will need to download the Application again. However, the new download does not
require re-registration, and the previous information stored in the Application
remains available after login.
IX.
Registration, access
1.
The Application can only be used by
registered Users, and only after Registration can an Order be placed and
Loyalty Points be collected/used. After Registration, the User Account is
created. A User Account is created only after Registration through Application,
web.padthaiwokbar.com or Loyalty.padthaiwokbar.com and can be used only through
the Application.
2.
Registration requires the provision of
personal data. Registration is only possible by providing the Registrant’s own personal
data, i.e. registration on behalf of another person is strictly prohibited.
3.
Registrant to create a User Account on
the App requires a free download of the PADTHAI WOKSTAR mobile app, which can
be found in the App Stores.
4.
By entering the Application and
selecting the “Register/Login” button, the Registrant can create a User
Account by entering his/her mobile phone number and accepting all the
provisions of the GTC and the Privacy Policy.
5.
After entering your mobile phone number,
the Registrant will receive a 5-digit verification code (hereinafter referred
to as the “Code”) by text message to the mobile phone number provided
by the Registrant, by clicking on the “Next” button to confirm the
mobile phone number. The Registrant will only be able to proceed with the Registration
by entering the Code. If the Registrant does not receive a Code, he/she may
request a new Code or use the back arrow to change the mobile phone number
he/she has provided.
6.
Once the Registrant’s mobile phone
number has been verified, the User Account is created and the Registrant is
considered a User. However, to finalize the Registration, the User is still required
to provide his/her year of birth and e-mail address, which will be managed by the
Operator for the purposes of contacting and sending the Electronic Invoice for
purchases.
7.
Users can then enter their first name,
surname, month and date of birth. The data recorded in this section are not a
prerequisite for Registration, so the Registrant may finalize his/her
Registration by clicking on the “I Cancel” button.
8.
During the registration process, the Registrant
has the possibility to subscribe to marketing messages (newsletters) sent by
the Operator in the form of direct marketing enquiries by ticking the relevant
box. However, subscription is not a condition of Registration.
9.
After finalising the Registration, the
Application offers the User to enter his/her delivery address and billing
details in his/her User Account. If the User does not wish to provide any
further details, the Application will redirect the User to the home page by
clicking on the “Close” button.
10.
The User is solely responsible for the
accuracy, timeliness and truthfulness of the personal data provided during
registration or at any time while using the Application or the Service.
11.
The Operator shall not be liable for
any damages resulting from unauthorised access to the Application. The User shall
notify the Operator immediately if it is suspected that unauthorised persons
have gained access to his User Account.
Only
one User Account can be associated with a phone number. Only one phone number
can be verified for a User Account. A User is not entitled to change the
telephone number associated with a User Account. If a User wishes to register
a new telephone number, he/she can only do so during a new registration.
12.
If this is necessary for the fulfilment
of the Service, the Operator, the Partners or the delivery couriers will
contact the User on the confirmed telephone number, and the Operator may
provide information via SMS regarding the operation of the Application or the
status of the Order, delivery.
13.
The User may request the deletion of
his/her User Account at any time by clicking on the “Delete profile”
button under “Profile” “Personal data” and finally on the
“Delete my profile” button. You acknowledge that by deleting your User
Account, you will lose all stored information including your loyalty points,
orders, account settings, as explained later. The User acknowledges that the
deletion of the User Account will delete only data and information stored and
managed by the Operator and that the deletion of the User Account does not
automatically mean that the contractual partners used by the Operator or the
data processors specified in the Privacy Policy under point XIV or the
recipients of personal data will simultaneously delete all personal data of the
User managed by them from their own registration systems.
X.
The Order process
1.
The Operator stipulates that where the
GTC refer to Order in capital letters, the Order as a process and the
Order as the total of the products selected and paid for shall be understood.
2.
Orders can only be placed
electronically via the Application. The Operator accepts Orders via the Application
only from registered Users and only if the User has entered all the data
required for the Order.
3.
The Operator excludes all liability
arising from the incorrectness, typographical error or failure to provide true
and correct information in the Application. The Operator shall not be liable
for any delay or failure in the performance of the Contract or for any other
problem or error caused by the User’s incorrect and/or inaccurate data.
Choosing a restaurant
4.
Users can start the Order process by
clicking on the “Order” icon on the home page. The User must then
choose which Padthai restaurant to place his/her order. The Application will
then offer the User access to his/her location data, if not previously provided
by the User, in order to see the distance (in kilometres) of each restaurant
from its current location. User can do this by selecting the “Allow”
button on the location data access request window that pops up when selecting
restaurants. The user can then also choose from Padthai’s restaurants by
distance. If the User selects the “Not now” button in the window
requesting access to the location data, the function set out in this point will
not be available to him/her. The User can enable the location data later under
the “Profile” menu or when placing a subsequent order.
Ordering methods
5.
Once the User has specified the
Restaurant where he/she wishes to place the Order, he/she chooses whether to
consume his/her Order in the Restaurant, to collect it in the Restaurant or to
have it delivered to his/her home.
5.1.
If the User selects the “Eat in a restaurant” icon,
a)
your Order will be prepared by the
Restaurant in the usual manner for consumption on the premises.
b)
You acknowledge that if you finalize your
Order by selecting the “Eat in a Restaurant” option, the Application
will use your current location data and list the Restaurants based on distance.
c)
The User acknowledges that the
Restaurant selected by the User will start the execution (preparation) of the
Order after the final screen including the Order ID number is displayed.
d)
If the User arrives at the Restaurant after
the opening hours, the User will not be able to collect his/her Order and the
Restaurant will not refund the purchase price of the Order. The User must
ensure that he/she is able to arrive at the Restaurant on time before finalising
the Order, which is the sole responsibility of the User in all cases.
e)
If the User does not take delivery of
the Order within 30 (thirty) minutes of its completion, the Order will be
destroyed without replacement or refund of the purchase price.
5.2.If
the User selects the “Pick up at the restaurant” icon,
a)
you must indicate the date of receipt
of the order.
b)
If the specified pick-up time is not
available at the Restaurant, the User may continue with the Order by selecting
another Restaurant or by setting a pick-up time that is allowed by the
Application.
c)
The Application will allow the pick-up
time if it does not write an error message for the specified time. In this
case, the User can pick up the Order, packed and ready to go, at the Restaurant
at the time set by the User.
d)
Neither the Operator nor the Restaurant
shall be liable or liable for any compensation or damages if the Order is made
available to the User within 40 (forty) minutes of the time indicated by the
User.
e)
If the User does not take delivery of
the Order within 40 (forty) minutes of its completion, the Order will be
destroyed without replacement or refund of the purchase price.
5.3.If
the User selects the “I want it delivered” icon
a)
the User shall provide the address to
which the Order is to be delivered.
b)
Users are free to choose from the delivery
addresses they have already recorded.
c)
The User acknowledges that the Delivery
will be performed by the Operator’s contractual partner, Wolt Magyarország Kft.
(registered office: 1085 Budapest, Salétrom utca 4. ground floor, company
registration number: 01-09-322693, tax number: 26296702-2-42, registered with
the Commercial Court of the Metropolitan Court of Budapest).
d)
The User acknowledges that the delivery
is subject to a fee, the amount of which is based on the distance between the
Restaurant and the delivery address. The basic delivery charge is HUF 800,
which includes a distance of 1 km, plus a distance charge of HUF 175 for each
additional 500 metres. The total delivery fee is calculated automatically by
the Application. The User will only see the total amount of the Delivery Fee in
the Shopping Cart summary interface.
e)
The Operator reserves the right to
perform the Delivery with a partner other than the contractual partner
specified in c) without prior notice to the User.
f)
The Operator reserves the right to change
the rate and the method of determination of the Delivery Charge indicated in
point d) without prior notice to the User. The User acknowledges that the
modification of the Delivery Charge shall not entail any modification of the
provisions of the GTC.
g)
The User acknowledges that the Operator
may transfer certain personal data, such as name, delivery address, telephone
number, to the partner performing the Delivery for the purpose of the Delivery.
The User may consult the detailed information on the
processing of his personal data in the “Profile” menu under
“Documents” / “Privacy Policy”.
h)
If the User does not take delivery of
the Order at the address indicated by the User, the Order will not be refunded.
Compilation
of the Cart
6.
The User is free to compile his or her
Shopping Cart for the products indicated on the Menu.
7.
The prices and charges shown on the
Menu are in HUF gross.
8.
Certain products and/or offers may not
be available in all Restaurants and/or for all Orders. The availability of
products and/or offers may therefore vary from Restaurant to Restaurant and
from period to period (including time of day).
9.
The product and packaging images shown
on the Menu are for illustrative purposes only and may not be the same as the
product or packaging covered by the Order.
10.
The user will find
“Compositions”, “Desserts” and “Drinks” in separate
“tabs” on the Menu. The User is not obliged to select products from
all “tabs” to finalise the Order.
Finalise
your order
11.
After the Cart has been created, the
User is redirected to the Cart summary page, which is used to check the data,
by clicking on the „Cart” icon. Here the User checks and finalizes the data
necessary to finalize the Order (such as the delivery address and/or the
selected restaurant and/or the pick-up date).
FastPass
service
12.
The User has the possibility to use the
“FastPass” priority service by selecting the priority service on the Cart
summary page. In the context of the priority service, the Operator’s system
prioritizes the User’s order in such a way that, in case of the “Eat in
Restaurant” order function, the User’s order will be prepared by the
Padthai restaurant in question, after the order has been processed.
13.
The User acknowledges that the FastPass
priority service is available only against the redemption of Loyalty Points. The
price of the FastPass Priority Service will be determined within the
Application at the time of finalising the Order. The Operator reserves the
right to change the rate of the Priority Service at any time without prior
notice to the User.
14.
The Operator states that the time of
arrival or the time of receipt is an estimate and does not assume any
responsibility for the accuracy of the data.
15.
The Operator may change the terms and
conditions of the FastPass priority service or terminate the service at any
time without prior notice to the User.
WOKSTAR
Loyalty Points
16.
Users have the possibility to redeem
Loyalty Points received for previous orders on the Shopping Cart summary page.
The User can view the number of Loyalty Points in the green bar at the top of
the Shopping Cart Summary. If the User wishes to redeem Loyalty Points, he can
do so by ticking the “Redeem Points” icon. The Application will then
display how much the User’s Loyalty Points, expressed in HUF, reduce the value
of the order.
17.
The Operator confirms that Loyalty
Points cannot be shared, the User is entitled to use them only in one. If the
value of the Order in Points is less than the number of User’s Loyalty Points,
the User may continue to use the unused Loyalty Points in a subsequent Order.
18.
The User may refer to the detailed
rules of Loyalty Points, their use and the way of collecting them in Section
XIII of these GTC.
XI.
Payment of the Order
1.
In the Shopping Cart summary interface,
the User can pay for his Order by clicking on the “Pay” icon in one
of the following ways:
a.
One-click Payment: Apple Pay (iOS)
or Google Pay (Android).
b.
Payment by credit card
2.
During the Bank Card payment, the User
can choose to pay using his/her previously saved bank card (in case of multiple
bank cards, the choice applies to all bank cards) or by adding a new bank card.
3.
When using Apple Pay and Google Pay
payment methods, the payment option stored on the User’s phone is activated by Apple
Pay or Google Pay. In this case, the User does not need to enter his card
details, as they are already stored in his Apple Pay or Google Pay wallet.
4.
The User can pay for his/her Order
through the payment system embedded in the application of STRIPE, INC., (354
Oyster Point Blvd, South San Francisco, California, United States, 94080,
company registration number 4675506, hereinafter referred to as STRIPE)
application. The User acknowledges that his/her card details are stored by
STRIPE. The User acknowledges that he/she accepts that STRIPE accepts the data
processing of the User.
5.
The User understands and accepts that
when providing the payment card, STRIPE may check whether it is valid and has
sufficient funds, and that the circumstances of the use of the credit card or Apple
Pay or Google Pay do not indicate any fraud or abuse. If fraud or abuse is
suspected, the Order and payment may be refused.
6.
By paying for the Order, the User
declares and warrants that he/she has all legal rights to use the payment card and
payment method provided by him/her.
7.
The Operator informs the User that
he/she has the possibility to correct any errors that may occur during the
electronic recording of the data or to modify the data provided before pressing
the “pay” button for the given Order.
8.
By clicking on the “pay”
button, the User expressly declares, accepts and acknowledges that he/she is
placing an order with payment and that the Order cannot be modified after
payment.
9.
The User may no longer cancel or
withdraw from the paid Order, subject to Section 29 (1) c-d) of Government
Decree 45/2014 (II.26), according to which the User may not exercise the right
of withdrawal in the following cases: c) in the case of goods that are not
prefabricated, that have been produced on the User’s instructions or at the User’s
express request, or in the case of goods that are clearly tailored to the
User’s person; d) in the case of perishable goods or goods that retain their
quality for a short period of time.
10.
By clicking on the “pay”
button, the User authorizes the Operator and the Restaurant to process the
order. The Operator will process and charge the payment card involved in the Order.
Upon successful payment and acceptance of the Order, the User acquires
ownership of the Order.
11.
After successful payment, the User will
receive a confirmation message of the Order, which will include an order
identification number.
12.
After the successful payment, the User can
download the electronic invoice related to the Order from the summary page. If
the User wishes to download the invoice only later, he/she can also do so under
Profile/My Orders.
13.
After successful payment, the User will
automatically be credited with Loyalty Points as set out in Section XIII.
XII.
Complaints, complaints, questions
1.
Users should check the Order received
to ensure that it does indeed contain the products ordered, in the quantities
and composition ordered. If the User has a complaint about the quality,
quantity or any other aspect of the Order, he or she may in the first instance
contact the Restaurant concerned by the Order.
2.
Users may submit their complaints to the
Operator electronically at support@padthaiwokbar.com
or by sending a letter by post to the address at Bíró utca 7, 1122 Budapest, Hungary.
The Operator does not receive or handle complaints and objections by telephone.
3.
In response to written feedback, the Operator shall immediately investigate
and, if possible, immediately remedy the problem requiring immediate
resolution, but in the case of more complex questions or requests, the response
shall be provided within 30 days of receipt at the latest.
4.
If the User’s complaint is rejected in
whole or in part, or if the time limit set above for the investigation of the
complaint has expired without result, the User may turn to the competent
authorities of the User’s place of residence:
Contact
details of the user protection authorities: https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag
In
Budapest, the User Protection Department of the V. District Office of the
Metropolitan Government Office (Budapesten a
Fővárosi Kormányhivatal V. Kerületi Hivatalának részeként működő
Felhasználóvédelmi Főosztálya)
Address: 1051 Budapest, Sas u. 19. III.
floor.
phone: +36 (1) 450-2598
e-mail address:
fogyved_kmf_budapest@bfkh.gov.hu
Contact
details of Conciliation Boards by territorial jurisdiction (Békéltető
Testületek elérhetősége): https://www.bekeltetes.hu/index.php?id=testuletek
Contact
the Budapest Conciliation Board (Budapesti Békéltető
Testület):
Address: 1016 Budapest, Krisztina krt.
99.
Phone number: +36 (1) 488-2131
Fax number: +36 (1) 488-2186
E-mail: bekelteto.testulet@bkik.hu
5.
The User has the right to take legal
action in the event of a dispute regarding the complaint.
6.
The User is entitled to make a report
or complaint at any time through the contact points of the Operator indicated
in Section I of these GTC, if he/she discovers illegal content during the use
of the Application. The Operator shall handle the report or complaint in
accordance with the provisions of this Chapter. The Operator may temporarily
suspend the possibility of reporting or refuse to investigate a report of
content that the User considers to be unlawful or contrary to or in breach of the
GTC or the Operator’s internal rules on content moderation.
7.
The Operator is entitled to refuse to
investigate a notification made by the User, in particular in cases where the
User has already submitted a notification with the same content and the
notification has already been investigated by the Operator, or the notification
is clearly abusive or fictitious, or is manifestly not made in good faith (for
example, the notification does not relate to the content as such, but to the
publisher of the content), or the notification lacks a basic statement of
reasons or facts supporting the notification which show why the content is
illegal or in breach of the GTC and the Operator’s other
policies on content moderation.
8.
If you believe that your account has
been incorrectly or unauthorisedly debited, you should contact your bank
immediately and update your password.
XIII.
WOKSTAR loyalty programme
1.
The WOKSTAR
loyalty program is a points-based loyalty program, the essence of which is that
Users can earn Loyalty Points by shopping in the Application or at Padthai Restaurants
and redeem them when placing an Order.
2.
In any case, the collection and use of Points
in the Application is only possible if the User is logged in to his/her User
Account.
3.
Each registered User’s QR Code associated
with their User Account is a uniquely generated and constantly changing
barcode, which can be retrieved by clicking on the QR Code icon in the
Application and identifies the User by a different two-dimensional barcode each
time it is retrieved.
Collecting
points for orders placed through the Application
4.
The User’s Loyalty Points are
automatically credited to the User’s User Account after the Orders are placed.
Points
accumulation for orders not placed via the Application
5.
Users can also earn Loyalty Points for
orders placed outside the Application. It is important to note that in this
case, the User will still need to log in to the Application to retrieve the
unique QR code. User can do this in two ways:
a.
The User personally – after placing an order
at the sales counter and before paying for the order – shows the unique QR code
to the salesperson, which is scanned by the cashier, thus logging the User into
his/her User Account, and the Loyalty Points related to the purchase are then
automatically credited to the User’s User Account.
b.
The User scans the unique QR code at
the order-taking column at the kiosk located in the Restaurant, logging into
their User Account, finalises the order and pays, after which Loyalty Points are
automatically credited to the User’s User Account.
c.
The User scans the QR code at the
bottom of the receipt received after paying at the kiosk or at the sales
counter using the Application, after which the Loyalty Points are automatically
credited to the User’s User Account. Importantly, by scanning the QR code on
the receipt, Loyalty Points will only be credited to the User Account if and to
the extent that the User scans it within 24 hours of the receipt being issued. The
QR code on the block can only be converted into Points once.
Determination
of loyalty points
6.
The User can find out the number of Loyalty
Points involved for each product by selecting the relevant product in the
Application.
7.
1 Loyalty Point is equivalent to 15
HUF. The User is entitled to redeem a minimum of 75 Loyalty Points. After
registration, the User will automatically be credited with 70 Loyalty Points.
8.
The Operator reserves the right to
modify the number of products and Loyalty Points awarded for each Registration,
the structure of the points system and the redemption of points at any time
without prior notice.
9.
The Operator stipulates that the User’s
unused Points shall be automatically cancelled at 0:00 on 25 January of each
year (hereinafter referred to as “Automatic Cancellation”), with the
period of time for which the Points may be used being not less than 4 months
(i.e. if the User has registered his/her User Account within the 4 months
preceding the current Automatic Cancellation, the Points earned and not used by
him/her shall be reset to zero only in the year following the current Automatic
Cancellation).
10.
The Operator confirms that the User
shall not be liable for any Loyalty Points lost due to the malfunction of the
Application, and the User shall not be entitled to any credit or other
compensation for any Loyalty Points lost as a result thereof.
Redeem
your Loyalty Points
11.
You acknowledge that you may redeem
Loyalty Points credited to your User Account by placing orders through the Application
at the Restaurant’s cashier and kiosks in accordance with the provisions of
Clauses X.16 – 18 of these GTC.
12.
The Operator informs the User that, in
the case of Restaurants where there is no or temporarily no internet service,
the redemption of Loyalty Points cannot be validated by means of Orders placed
at the cashier or in the kiosks.
Abuse
of Loyalty Points
13.
The Operator shall be entitled to take
away the Points at any time if the Order has been returned for any reason and
the purchase price has been refunded to the User in whole or in part. The same
shall apply to the exchange of Products, unless they are exchanged for Products
of the same Points Value.
14. In
the event of a complaint regarding Loyalty Points, the User may request an
investigation of the case, together with the receipt/electronic invoice, by sending
an e-mail to
support@padthaiwokbar.com. The complaint will
be handled by the Operator. Details are available in the Privacy Policy.
15.
The Operator shall be entitled to take
any action it deems appropriate, including the removal or suspension of the
User Account and the Points collected, if it detects any suspicious activity
involving the User’s User Account. Suspicious activity and its conditions shall
be determined and applied by the Operator itself. Suspicious activity may
include in particular the following:
a) illegal
or bad faith activities;
b) providing
or attempting to provide false or misleading information, making false
statements to the Operator or Restaurant; or
c) selling,
transferring, assigning or acquiring, or offering to sell, transfer, assign or
acquire, any reward, benefit or Point in a manner not in accordance with these
Terms; or
d) Excessive
point or point redemption (fraudulent or otherwise).
14.
The Operator and the Restaurants
reserve the right not to give or receive Points if they have reason to believe
that the User has abused the Application or the Points.
15.
Upon deletion of a User Account, all Loyalty
Points are immediately and irrevocably deleted.
XIV.
Data protection
The Operator
declares that it respects the personal data of the Users and takes care of
their protection. By using the Application, the User acknowledges its use in
accordance with these GTC and the Privacy Policy. The User can view the
detailed information on the processing of his/her personal data in the
“Documents” / “Privacy Policy” section of the
“Profile” menu.
XV.
Other provisions
In matters not
covered by these Terms of Use, the provisions of the Hungarian legislation in
force, in particular, but not exclusively, Act V of 2013 on the Civil Code, Act
LXXVI of 1999 on copyright and Act CVIII of 2001 on certain issues of
electronic commerce services and information society services, shall apply.
17 December 2024.
R.T.B.
Restaurant Ltd.
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