Terms of services

Welcome! We created frinkl for you! Below, you will find the Terms and Conditions that govern the legal relationship between you and us arising from your use of our Website. Below, you will find the provisions concerning US – YOU: as a Guest (including a Consumer) and US – YOU: as a Restaurant. If you want to use our Website, you should read, accept and comply with rules which are provided below. If you do not accept it, you are not allowed to use frinkl, including making Reservations and Orders and contacting the Restaurant/Guest through it.

To make things clear to you, we have formulated our set of definitions. Terms used hereafter, when capitalized, will have the meanings set forth below:

1. Definitions:

frinkl - brand owned by frinkl LTD, Suite 18 Equity Chambers 249 High Street North, Poole, BH15 1DX, United Kingdom, company registration number: 13211679 - Internet platform on which you can view information about the Restaurant and make inquiries regarding the information provided by the restaurant, including table Reservations or the possibility of Ordering food services (also referred to as "Webside", "Portal", "Platform").

A GUEST - is you if you are browsing frinkl for information about Restaurants. The Portal may be used only by natural persons. If the use of the Portal is not directly related to your business or professional activity, you use it as a Consumer.

ACCOUNT - a set of resources maintained by frinkl under a unique name (login), where your data and information about your activities within frinkl are collected.

TERMS OF SERVICE - this document and all documents regulating the relationship between frinkl and its Users.

REGISTRATION - procedure for creating an Account.

RESTAURANT – it is you, if you run a business that consists of providing catering services, including preparing meals, drinks and other similar products for Guests and then serving them, providing and making available a place to eat them (tables in your Restaurant), you use services of our Portal and we have accepted your registration application.

RESERVATION - a declaration of will of the Guest made in relation to the Restaurant via the Website, the effect of which is the expression of will to reserve a table in the Restaurant on the terms specified in the confirmation of the Reservation, which can be finally accepted by the Restaurant only after the Guest's arrival at the Restaurant.

SERVICES - all services provided by frinkl to Users pursuant to these Terms of Service.

USER - You (Guest or Restaurant), whether you have registered on frinkl or are using the Website without registering.

ORDER - the Guest's declaration of will made in relation to the Restaurant using the Website, the effect of which is the expression of the Guest's will regarding the order which will be confirmed with the Restaurant and paid for on the spot.

ORDER - the Guest's declaration of will submitted to the Restaurant using the Portal, the effect of which is the expression of the Guest's will regarding the order which will be confirmed with the Restaurant and paid upon the Guest's arrival at the Restaurant or upon receiving the order.

2. US:

Get to know US!

The frinkl brand operates through a company:

frinkl LTD

Suite 18 Equity Chambers 249 High Street North, Poole, BH15 1DX, United Kingdom Company registration number: 13211679.

To provide you with a better opportunity to contact us, for our business in Poland we have created a special section dedicated to you. You can contact us at the e-mail address: [email protected]. We will welcome all comments from your side!

3. Introduction

First of all, we would like you to know that frinkl is an online Platform that enables contact between the Guest and the Restaurant regarding the possibility of making requests of Reservations and Ordering catering services. Please note that no agreement between you and the Restaurant is concluded through frinkl. Data provided on the Website has only informative value and is not an offer within the meaning of civil law. Making a Reservation or an Order by a Guest does not constitute an agreement with a Restaurant. frinkl does not enable making payments. By making a Reservation or placing an Order, the Guest is merely sending a Restaurant a request, which the Restaurant may either accept or reject on the Guest's arrival at the Restaurant or picking up the Order. frinkl is in no way the fulfilment of the Order or Reservation and does not operate any catering business and is not responsible for the performance of the Guest or the Restaurant.

frinkl provides the Services to you on the terms set out below.

4. Part one – GUEST

4.1. Your use of frinkl Services is completely free of charge. Without creating an Account you can display, search, view information available on the Portal, in particular on Restaurants and their food menu. By using frinkl in this manner, you accept these Terms and Conditions.

4.2. In order to use the Platform to a fuller extent (Section 4.3 below), you must be at least 13 years of age and create your Account using your email address, phone number and password, or sign in using your account that you have with a third-party provider such as Google, Facebook or Apple, with whom frinkl has entered into the necessary agreements, and accept the Terms and Conditions. Only one Account may be created per individual (one natural person). The data provided by you must be true and correct, otherwise the Service will not be performed based on your responsibility, which do not lead to any liability on the part of frinkl. In order to use your Account, you must wait for your Account to be activated by frinkl. Once your Account has been activated, which we will notify you by email, you will be able to use it by logging in. If you choose to create an Account, we will contact you by SMS or email when required.

4.3. Once you have an Account, you can use the Platform to display, search for and review the gastronomic propositions of Restaurants and to make Orders and Reservations. By using the information posted by Restaurants on the Portal and making a Reservation or placing an Order, you can communicate with the Restaurant in this respect. Specifically, as a Guest you can via the Platform:

4.3.1. Search for tables provided by the Restaurant and make a request to reserve a table if the Restaurant indicates a table as available. You will need to provide, in particular, the number of persons you wish to seat at the table, the date and time of your reservation and your comments on the reservation which the Restaurant will be able to take into account if it has the possibility (but is not obliged to do so). Then, once you have chosen the "Book Table" option, you will receive a confirmation to your email address and a text message to the phone number you provided when you registered;

4.3.2. Together with the table Reservation, if the Restaurant has such an option visible in the Portal, you may search for gastronomy proposals of the Restaurant and make requests with regard to Ordering meals and other services provided by the Restaurant, if they are visible in the Portal. If you make an Order together with a table Reservation, this means that your Order may be prepared on the spot when you arrive at the Restaurant on the date and at the time for which you marked your Reservation. Payment for your Order will have to be made by you on the spot directly between you and the Restaurant. In the case of delivery, payment will be collected by the delivery man. If you make a successful request for an Order with a Reservation, you will receive a confirmation to your email address and a text message to the phone number you provided upon Registration;

4.3.3. Search for gastronomic proposals of the Restaurant, including lunch proposals, special offers, daily proposals, proposals of fixed menu and then choose and Order them. When placing an Order you will be able to choose the way in which the Restaurant offers it - "eat in", "take away", "eat on the spot (without booking a table), "take away" or "delivery" and indicate the date and time of collection, or the date and place of delivery. If you place a successful request for an Order, you will receive a confirmation at your e-mail address.

4.4. Please note that all Restaurant proporsals shown on the Website are for information purposes only. By placing an Order/Reservation, you are making an request to the Restaurant with the content indicated in the Order/Reservation, which the Restaurant will only confirm once you have arrived on site or pick up your meal.

4.5. A Reservation, an Order and a Reservation together with an Order may be cancelled by the Restaurant as well as by you up to 30 minutes before your chosen date and time without any consequences. If you wish to modify a Booking or Order, you must cancel and re-submit it. You may contact the Restaurant at any time to arrange the details of your Order directly with them. If you do not arrive at the place despite not cancelling your Reservation/Order, the Restaurant will mark this incident as "NO SHOW". If you arrive and the Restaurant does not confirm your Order/Reservation, you can always write to us at [email protected] and share your opinion with others by rating the Restaurant.

4.6. You will be able to collect your Booking up to 15 minutes after the date and time you have chosen.

4.7. Please note that if you make a Reservation or Order, it is the sole responsibility of the Restaurant to accept it, the availability of the table, the details shown on the Platform and the specific terms and conditions of the Reservation or Order, and frinkl does not verify the Restaurant's catering proposals and does not accept any responsibility for them.

4.8. If you make a Reservation or Order and do not cancel it within the time limit referred to in Clause 4.5 above, you will be able to rate the services provided by the Restaurant. In order for you to better express your opinion, you may also write to us at [email protected] and we will consider each case individually. We will verify the incident by contacting the Restaurant and decide on the further course of action.

4.9. We also want Restaurants to be able to share feedback on whether you have arrived after you have made a Reservation or Order. For them we have created a "NO SHOW" option which they can use if you do not arrive at the Restaurant after making a Booking or Order. If within 21 days, you fail to turn up three times - frinkl will be entitled to delete your Account. "NO SHOW" data will only be visible to frinkl and all Restaurants using frinkl.

4.10. In order to enable the Restaurant to contact you, we will share your details with the Restaurant in the form of your name, telephone number and email address. We can guarantee you that your data will not be shared with anyone else. If you create an Account on frinkl using a third party provider such as Google, Facebook or Apple, your data will also be processed under the terms of these providers. Please refer to the Privacy Policy for the exact terms of processing of your data.

4.11. You can delete your Account at any time by making the appropriate actions in your panel.

5. Part two – RESTAURANTS

5.1. As a Restaurant, you can use the Platform in two ways:
5.1.1. Have a free of charge BASIC Account with which you can:
5.1.1.1. have a public profile of your Restaurant, where you can post information about your Restaurant, your contact details, location, pictures (including menu pictures);
5.1.1.2. collect Guest ratings and be visible among other Restaurants, as well as receive feedback from Guests via frinkl;
5.1.1.3. use the table Reservation option in your Restaurant;
5.1.1.4. become part of the frinkl community which gives you the opportunity to be among the Restaurants used by registered Guests;
5.1.1.5. use the "NO SHOW" option, which will allow you to control whether Guests turn up after making a Reservation or Order;
5.1.1.6. if your Restaurant is rated higher in comparison with other Restaurants on the Portal, you will be displayed on the list of highlighted Restaurants.

5.1.2. Have a paid PRO Account, thanks to which you can use the following options in addition to those available on the BASIC Account:
5.1.2.1. enable Guests to place an Order with options - "eat in", "take away" and "delivery";
5.1.2.2. post your lunch suggestions, specials of the day as well as full menus;
5.1.2.3. use the "NO SHOW" option also for Orders or Reservation together with an Order.

5.2. In order to use the Platform, regardless of the type of Account, you must create it by providing the exact details of the company under which you operate your Restaurant, as well as your email address and telephone number, and accept the Terms and Conditions. The data you provide must be true and correct, otherwise the Service will not be performed on your behalf, which cannot give rise to any liability on the part of frinkl. Remember that you are responsible for all activity on your Account, so you must keep your login details secure from access by third parties. You are responsible for keeping the information you provide to us up to date and correct. Where we have reasonable doubt as to its accuracy, we reserve the right to suspend your Account until such time as we are satisfied, without refunding any fees paid for any period of Account inactivity for that reason.
5.3. If you create an Account, we will contact you by SMS or email and send you notifications in relation to, among other things:
5.3.1. making of the Reservation or Order by the Guest;
5.3.2. cancellation of the Reservation or Order by the Guest;

5.4. Please note that you as well as the Guest can cancel the Reservation, Order as well as the Reservation with Order up to 30 minutes before the date and time of the Reservation/Order without any consequences. If the Guest fails to show up despite having made a Reservation or Order, you may click "NO SHOW", but you cannot request the Guest to collect the amount specified in the Order or the non-arrival fee at the date and time of the Reservation. If you wish to modify a Reservation or Order, you must cancel it and wait for the Guest to resubmit it or contact the Guest using the details the Guest provides in the Reservation/Order.

5.5. If your Account is in the PRO version, you are obliged to pay the subscription fee (monthly) in the amount stated on the frinkl Portal at the time of creating the PRO Account. For this purpose, you will need to authorise your payment card to be automatically charged monthly with the amount of the subscription fee specified when you set up your PRO Account, taking into account any promotions shown there, including temporary ones (if applicable), until you cancel your PRO Account. Your card will be charged in the following months on the same day as you start using the Account (hereinafter referred to as the Settlement Period). In the event that payment from your card cannot be made due to its expiry date, lack of funds or other reasons we will be entitled to suspend access to the Portal until the subscription fee has been charged. Please note that you are responsible if the fee cannot be collected from you for any reason. All documents relating to your Account, including invoices, will be available in the panel on your Account. By accepting the Terms and Conditions, you agree that we may send you invoices electronically.
5.6. If you wish to cancel your PRO Account, you must indicate your wish via the panel available in your Account after logging in, which you may do at any time. In the event of cancellation of your PRO Account, access to your PRO Account shall be provided until the day corresponding to the date on which your Settlement Period commenced. After the PRO Account termination, the account will automatically change to the BASIC Account. You may remove your BASIC account at any time by submitting the relevant instructions in your Account.
5.7. frinkl may change the subscription fee for the use of the PRO Account or the scope of the Services, but in the event of such change, you will be notified no later than 14 days prior to such change and will be able to cancel the PRO Account offer.
5.8. Remember that you are directly responsible for making the Reservation and Order, you are responsible for ensuring that the data you publish on your profile is truthful and legal and does not violate personal rights or the rights of third parties. frinkl does not take any responsibility for your actions on the Website or for the actions of the Guest and their Order/Reservation, as well as for the accuracy of the data provided by them. 5.9. If a Guest arrives at the place and the Reservation or Order cannot be made, you risk a negative Guest rating and a bad reputation of the Restaurant. In case of more such situations on your part, frinkl will consider suspending or blocking your Account.
5.10. You cannot charge the Guest any fees for the Reservation and also for not showing up in case of non-cancellation of the Reservation/Order. In such a case you may click "NO SHOW". All data available on the Platform has an informational function only, and its Reservation/Order is a request that you ultimately accept or not at the Restaurant or at the time of delivering the Order to the Guest.
5.11. Please note that it is your responsibility to collect payment from the Guest for the catering service and frinkl is not involved in collecting payment, it is merely facilitating communication between you and the Guest.
5.12. If a Guest makes a Booking or Order, we will provide you with their details necessary to contact them.

6. Exemption from liability of frinkl:
6.1. frinkl is not liable for any damages arising from any act or omission of the Restaurant, nor for the content of their gastronomic proporsals.
6.2. frinkl is not responsible for the accuracy of the information contained in the Restaurant Account and the ability of the Restaurant to fulfill its obligation to the Guest (if any) or the quality of its service.

6.3. frinkl is not responsible for:
6.3.1. any damage caused to Restaurants or third parties as a result of Guests using the frinkl service and vice versa;
6.3.2. any material sent by a Guest or Restaurant using frinkl and vice versa;
6.3.3. any inaccurate or incomplete information provided by the Guest or Restaurant when creating an Account or using frinkl;
6.3.4. loss of data or access to Account of an User due to circumstances beyond frinkl's control.
6.4. In the event of liability on the part of frinkl, the User who caused or contributed to the liability is obliged to indemnify frinkl and to cover any possible damages or lost profits that frinkl suffered in connection with third-party claims, and in the event of a dispute, the User is obliged to intervene as a litigant.
6.5. In the case of violation by the User of the Regulations, common law or rules of social coexistence or decency, frinkl is entitled to delete the Account and seek compensation for damages.

7. Intellectual property rights
7.1. The frinkl website and mobile applications or any part or form thereof are protected by copyright and other intellectual property laws.
7.2. By placing any work on frinkl within the meaning of the Copyright, the User grants frinkl a non-exclusive, territorially unlimited, free, perpetual, transferable, including the right to sub-license, license to use them in the following fields of exploitation: production using a specific technique of copies of the work, including printing, reprography, magnetic recording and digital technique; marketing, public performance, exhibition, display, as well as making the work available to the public in such a way that everyone can have access to it in a place and at a time chosen by them.
7.3. You may only post on the frinkl website content for which you yourself hold the intellectual property rights, and if you do not, you will pay all costs that the frinkl will have to bear for this.
7.4. frinkl does not permit you to copy, modify, distribute or otherwise use any works made available on frinkl except for fair use.

8. Technical requirements
8.1. To use the Portal it is necessary to:
8.1.1. Have a device with access to the Internet and a correctly configured web browser, e.g. Google Chrome, Mozilla Firefox, Microsoft Internet Explorer, 8.1.2. have Cookies and Javascript enabled in the browser;
8.1.3. in the case of creating an Account, possession of e-mail and telephone number.
8.2. The Website uses cookies, i.e. small text information stored on the User's terminal device (computer, phone, etc.). Cookies are used to ensure proper functioning of the Site and for statistical purposes, e.g. research into the popularity of individual bookmarks and services. Using the Website means that you agree to their storage or reading.

9. Final Provisions
9.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom. However, they shall not limit any rights that consumers may have under mandatory applicable law.
9.2. If any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, this will not affect the validity, legality and enforceability of the remaining provisions.
9.3. frinkl may make changes to the Terms and Conditions, in which case, we will notify you at least 14 days before they take effect.