Public offer of the sole proprietorship GlobalTips Europe, UAB for the provision of services. Public offer for the conclusion of a contract for the provision of services.
Vilnius, May 23, 2023.
Customer - an individual or legal entity endowed with the necessary rights and legal capacity, who enters into this Agreement in order to receive Services.
Service Provider - iGlobalTips Europe, UAB, a company established in Lithuania, legal entity code 305942984, registered address Lviv str. 25-104, LT-09320 Vilnius, Lithuania
Restaurant - a public catering establishment (legal or individual entrepreneur on behalf of whom the Customer acts) that produces and sells Products, information on which is posted on the Server.
Guest - a visitor of the Restaurant who makes or intends to make an order for obtaining products through access to the Server.
Server - a web node located at https://global.tips/
GlobalTips Services (hereinafter referred to as the Services) - a complex of services provided by the Service Provider to the Customer on the basis of this Agreement, the list of which is determined in section 3 of the Agreement.
Service Fee - the cost of the Services provided by the Service Provider to the Customer.
Products - a range of goods and services offered for sale by the Restaurant (including its own production), information on which is posted on the Server.
Order - a request for the Restaurant's Products made by the Guest.
Public offer - a proposal of the Service Provider addressed to any individual or legal entity endowed with the necessary rights and legal capacity to conclude a service agreement on the terms set forth in the Public offer. The term "Agreement" may also be used.
Acceptance - the full and unconditional acceptance of the Public offer by the Customer, which is carried out in the manner provided for by this Public offer.
Personal account - a virtual tool for personal self-service of the Customer or a person authorized by him, located at choice.app and containing information about the range of th Restaurant's Products, the order history of Guests, the personal data of the Customer, and the registration data of the Restaurant.
QR code - a matrix code in which the volume of certain information is encrypted into a graphic object.
2.1. This Public offer regulates the conditions and procedure for the provision of Services by the Service Provider to the Customer, the procedure for providing the Customer with access to the Server and additional services, as well as establishes the rights and obligations of the Service Provider and the Customer in connection therewith.
2.2. The service agreement is concluded by the Customer accepting this Public offer, which contains all the essential terms of the Agreement, without the signature of the parties and the indication of the Customer. The moment of Acceptance is considered the moment of concluding the Agreement.
2.3. By accepting the terms of this Public offer, the Customer confirms and guarantees that he/she has reached the age of 18.
3.1. Based on this Public offer, the Service Provider undertakes to provide the Customer with Services provided for by this Agreement, and the Customer undertakes to pay the Service Provider for the services provided in the amount and manner provided for by this Agreement.
3.2. In order to fulfill the conditions of this Agreement, the Service Provider undertakes to provide the following Services to the Customer:
- Provision of access to the web interface and feedback service (SaaS service); Creation and design of a digital (online) version of the Restaurant menu;
- Creation of a QR code to provide Guests with access to the digital (online) version of the Restaurant menu;
- Placement of a digital (online) version of the Restaurant menu on the Server;
- Provision of the opportunity for Guests to access information about the Products, their
list, assortment, composition, and other details;
- Provision of technical opportunities to place an Order using the Server;
- Transfer of information about the received Orders to the authorized person of the
Restaurant (administrator);
- Informing the Guest about the cost of the Products and the total cost of the Order - Informing the Guest about the progress of their Order by the Restaurant;
- Ensuring payment for the Order using partner financial institutions.
3.3. Access to the Server is provided only within the Restaurants connected by the Customer to the Server.
3.4. Any other services, except those specified inparagraph 3.2 of the Agreement, may be provided by the Service Provider by separate agreement with the Customer. By accepting the terms of this Public offer, the Customer confirms that they are responsible for the accuracy of the information and data provided to the Service Provider for the creation and design of the digital (online) version of the menu.
3.5. In order to receive the Services, the Service Provider provides the Customer with access to the Server, which can be obtained by creating a Personal account. Access to the Server is provided no later than 30 days from the moment the Customer makes the payment of the Service fee in the manner and amount provided for by this Agreement, provides information for creating a digital (electronic) menu, and connects to the payment service.
3.6. When creating a Personal account and connecting the Restaurant, the Customer undertakes to provide the following mandatory information:
- Name and surname of the Customer;
- Official registration data of the Restaurant (name, location, banking details);
- Name (brand) and address of the Restaurant, number of tables;
- Contact information of the Customer and responsible persons of the Restaurant;
- Payment details.
3.7. The Service Provider has the right to involve third parties in the fulfillment of obligations under this Agreement.
3.8. In order to receive the Services, the Customer is obliged to provide the Service Provider with technical information: menu, list of services, photographs, logo, etc.
4.1 Access to the Server for informational purposes is provided on a 24-hour basis. Orders are processed in accordance with the Restaurant's working schedule.
4.2 Access to the Server is provided to the Customer "as is" in accordance with internationally recognized principles. This means that the Service Provider is not responsible for problems that arise during access, updates, support and operation of the Server (including compatibility issues with other software), discrepancies between the results of using the Server and the customer' expectations, as well as for any consequences that may arise from the use or non-use of the Server by the Customer.
4.3 The Service Provider does not guarantee the possibility of the Customer accessing the Server, and in case of its provision, is not responsible for the results of the Server's operation in the following cases:
4.3.1. In case of circumstances beyond the control of the Service Provider (such as natural disasters, wars, terrorist acts, civil unrest, government actions, failure of external devices or networks to access the Server);
4.3.2. In case of the Customer's use of devices, applications, or software that are not compatible with the Server;
4.3.3. In case of unauthorized actions by the Customer, unauthorized access to the Server, or unlawful use of the Customer's authentication data;
4.3.4. In case of the Customer's failure to comply with recommendations regarding the necessary parameters, instructions or use of the Serverin a manner incompatible with its intended purpose.
4.4 The Service Provider has the right to make changes, modifications, updates, additions to the Server, its interface, and to delete structural elements of the Server or interface without the need for prior notice to the Customer.
4.5 The Customer undertakes not to place on the Server or send through the Server any materials of the following nature:
- those that violate the law, contain threats and insults that discredit other persons, violate the rights of citizens to privacy or public order, and/or have an indecent character;
- those that violate, to one degree or another, the honor and dignity, rights and legally protected interests of other persons;
- those that promote or contain calls to incite religious, racial, or interethnic enmity, contain attempts to incite enmity, or calls for violence; as well as other materials that incite other persons to unlawful behavior, which may result in criminal, civil, and other liability or in any way violate the norms of legislation.
4.6 The Customer has the right to terminate access to the Server at any time.
4.7 The organization of access to the Server through the Internet is the responsibility of the
Customer and is not the responsibility of the Service Provider 4.8 All intellectual property rights to the Server and its component parts belong to the Service Provider. Under the terms of this Public Offer, the Customer receives a non-exclusive license to use the Server within the terms of the validity of this text.
5.1. The Customer undertakes to pay the Service Provider for the Services rendered - the Service Fee at the rate set by the Service Provider, the information about the amount of which, according to the selected tariff plan, is posted on the Server.
5.2. The Customer undertakes to pay for the Services by transferring funds to the current account of the Service Provider by non-cash transfer. Payment is made:
- based on an invoice automatically generated on the Server according to the data entered by the Customer, in this case, the Customer is responsible for the correctness and accuracy of the data entered.
- based on an invoice generated by the Service Provider.
5.3. Payment for the services provided can be made through the Limited Liability Company "Stripe" using the form for processing the Customer's payment cards, posted on the Server.
5.4. The parties have agreed that the cost of Payment system services is not included in the Tariff plan. These services are provided and billed according to the terms of the Payment system. The procedure and terms for processing payments are determined by the Payment system.
5.5. Payment of the Service fee is made on the terms of 100% prepayment. The minimum settlement period for payment is 30 calendar days.
6.1. The Parties acknowledge that the Service Provider is not a party to the legal relationship between the Guest and the Restaurant, nor will it be involved in any such relationship.
6.2. The Service Provider shall not be responsible for the quality and/or any other properties of the Restaurant's Products, as well as for the availability (or absence) of the necessary permits for the sale of the Products.
6.3. The liability of the Service Provider under this Agreement is limited to the amount of the last payment made by the Customer in favor of the Service Provider. The Service Provider shall not compensate for any damages. 6.4. The Service Provider shall not be responsible for the actions of the Customer and/or the Restaurant.
6.5. The Performer shall not be responsible for the operation of the Payment system and/or the acquiring bank or other financial institution that provides acquiring services, including, but not limited to, failure to comply with the processing deadlines specified by such entities.
7.1 Complaints related to the quality of access to the Server (hereinafter - Complaints) may be submitted to the Service Provider no later than 24 hours from the moment the circumstances that are the subject of the complaint arise.
7.2 Complaints are submitted to the Service Provider in writing to the email address clients@globaltips.io and must include a detailed description of the circumstances that are the subject of the complaint.
7.3 The Service Provider undertakes to immediately review the content of the complaint and take all possible measures to verify and, if necessary, correct any deficiencies. The results of the consideration of the Complaint are provided to the Customer in writing within 14 days from the date of receipt of the Complaint.
7.4 Based on the results of the consideration of the Complaint, the Service Provider has the right to provide the Customer with bonuses in payment for the cost of the services of the Service Provider.
8.1. By accepting the terms of the Public Offer, the Customer gives the Service Provider consent to process their personal data.
8.2. Personal data may be used by the Service Provider solely for the purpose of fulfilling the conditions of this Agreement.
8.3. Pursuant to this Agreement, the Service Provider is granted the right to process personal data provided by the Customer when creating a Personal Account or registering on the Server, including through third-party applications 8.4. This consent to the processing of personal data is valid indefinitely.
8.5. The Service Provider does not have the right to provide the Customer's information to third parties without the Customer's consent, except for the lawful requirements of authorized state authorities.
8.6. The Service Provider reserves the unconditional right to unilaterally delete any informationfrom the Server if it does not comply with this Agreement, applicable legislation, or violates the rights of third parties.
9.1. This Agreement comes into force in the manner provided for in clause 2.3 and remains in effect until the Parties have fully performed their obligations.
9.2. The Customer has the right to terminate this Agreement at any time.
9.3. The Service Provider has the right to unilaterally terminate this Agreement without paying the Customer any compensation in case of violation by the Customer of the payment procedure established by this Agreement or other significant breaches of this Agreement.
9.4. Changes to this Agreement may be made at any time and are effective from the moment they are posted on the Server.
9.5. The Service Provider is a third group single tax payer and is not a VAT payer
