Qerko General Terms and Conditions
These terms apply from 6 September 2023. Click here to view previous terms valid until 6 September 2023.
This English language version is provided for information only. Only the Czech version is considered legally binding
These terms of use of the service (hereinafter referred to as the "Terms and Conditions") govern your use of applications, websites, content, products and services (hereinafter referred to as the "Services") provided by the company Qerko s.r.o., IČO: 06678815, with its registered office at Drtinova 557/8, Prague 5, registered in the commercial register maintained by the Municipal Court in Prague, section C, file 286872, Tel.: +420 277 277 945, e-mail: info@qerko.com (hereinafter referred to as "the Qerko company") and access to these services . These Terms of Use and Access apply to you as an individual user from any country in the world.
By registering for the service, you agree to these terms and conditions and undertake to follow them. Agreeing to the terms and conditions creates a contractual relationship between Qerko and you. If you do not agree to these terms and conditions, you may not use or access the Services. These terms and conditions expressly supersede any prior agreements or arrangements with you. The Qerko company reserves the right to unilaterally change these terms and conditions to a reasonable extent, especially in the event of a change in legislation, a technical change to the service or services related to it, in the event of a change in the operating, organizational or business processes of the Qerko company, etc., with the understanding that the new and complete wording of the contractual terms and conditions will be published by the Qerko company on the Internet addresshttps://www.qerko.com/ and notifies the user of the change at least 7 days before the change takes effect. Users have the option to reject changes to the terms and conditions and cancel the account. By accessing or using the Services after the changes to the terms and conditions become effective, you indicate your agreement to the changed terms and conditions. Furthermore, Qerko may terminate the provision of the Services immediately, or may terminate the offering of the Services or deny access to the Services or any part thereof, at any time and for any reason.
Some services may be subject to additional terms and conditions, such as policies relating to a particular event, activity or promotion, and these additional terms will be communicated to you in connection with the provision of the relevant services. Additional terms and conditions supplement the terms and conditions for the purposes of the respective services and must be considered part of them. In the event of a conflict regarding Additional Services, the Additional Terms shall take precedence over these Terms.
Our personal data collection and processing practices related to the Services are governed by Qerko's Privacy Policy athttps://qerko.com/terms/general-privacy-policy/.
Qerko hereby informs you that by accepting the terms and conditions, you confirm that you have been informed that:
Services means Qerko's technological platform, through which users of Qerko's mobile applications or websites (hereinafter referred to as"Application") to create and manage reservations, create an order, view a partner's offer, collect loyalty program points to receive benefits and offers, pay an expense or jpart of it for services and goods provided by Qerko's partner (e.g. a restaurant), which enables payment for its services and goods via the Qerko application based on a contract with Qerko (hereinafter referred to as "partner").
Subject to your compliance with these Terms and Conditions, Qerko grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to:
The license is not territorially limited. You do not have the right to transfer the granted license to a third party, even in part.
Any rights not expressly granted herein are reserved by Qerko and Qerko's licensors.
You may not do the following:
If you use applications developed for mobile devices with Apple iOS or Android operating systems to access the Services, the respective companies Apple Inc., Google Inc. will also be independent beneficiaries of this Agreement. These independent beneficiaries are not parties to this Agreement and are in no way responsible for providing or support services. If you use these devices to access the Services, such use is governed by the terms and conditions set forth in the applicable Independent Beneficiary's Terms of Service.
The Services and all rights therein are and will remain the property of Qerko or Qerko's licensors. Neither these Terms nor your use of the Services transfer or grant you any of the following rights:
In order to use the Services, you must establish and maintain an active personal account (“Account”) for the User Services. You must be at least 18 years of age or of legal majority in your jurisdiction (if the age of legal majority is greater than 18) to obtain an account. In order to set up an account, you are required to submit some personal information to Qerko, such as your first and last name, email and mobile phone number. You agree and agree to maintain accurate, complete and current information in your account. Account data can be corrected or updated at any time. You obtain a user account as a non-business natural person. If you do not maintain accurate, complete and current account information, you may lose access to or authority to use the Services, or Qerko may unilaterally terminate this Agreement and terminate your account. You are responsible for all activities that occur under your account and agree to keep your username (current email address) and password for access to your account secure and confidential at all times, and you are responsible for all activities that occur under your account through an already logged-in application on a mobile device that needs to be kept secure against misuse. You are responsible for protecting your account access information and keeping it confidential. Qerko is not responsible for the misuse of your account access data in the event of their disclosure to a third party. Unless otherwise authorized in writing by Qerko, you may only have one account.
You can terminate your account and cancel your registration for the service at any time by your own decision, through a button in your personal profile. You can cancel your account without giving a reason.
The Service is available to individuals and is not available for use by persons under the age of 18. You must not authorize other entities to use your account and you must not allow persons under the age of 18 to pay a spend or part of it with a partner unless they are accompanying you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the Services. You will not cause trouble, harm, inconvenience or property damage to Partner or any other party when using the Services. In some cases, you may be asked to provide proof of identity that authorizes you to use and access the Services. You agree that if you refuse to provide proof of identification, you may be denied access to or authorized to use the Services.
The Qerko application can only be actively used if you authorize the Qerko application for repeated payments from a payment card or by using the payment method Apple Pay or Google Pay. Authorization is carried out by deducting a payment of CZK 1 from the payment card, which is a verification fee, through online payment gateways from GP Webpay, Stripe, PayU, Adyen or ČSOB, thereby verifying the existence of the payment card and at the same time creating consent for Qerko , so that she can make repeated payments from the given payment card. You can revoke your consent to recurring payments at any time in the Qerko application environment.
By creating an account, you agree that the Services may send you informational text messages (SMS) as part of the normal operation of your use of the Services. You can unsubscribe from text messages (SMS) from Qerko at any time by sending an email toinfo@qerko.com and you indicate that you no longer wish to receive such messages and provide the phone number of the mobile device that is the recipient of such messages. You acknowledge that opting out of receiving text messages (SMS) may affect your use of the Services.
Qerko may create promotional offers that you can use when paying for goods and services at partners to which the promotional offers or benefits apply. In the event that you have given your consent to the sending of commercial communications in the sense of § 7 of Act 480/2004 Coll., the Qerko company may inform you about the offers of its partners via email or SMS messages, as well as via the Qerko company application. You can opt out of receiving such promotional offers at any time, regardless of whether they are from Qerko or from partners.
We also use your personal data to get feedback from you on the functioning of our services and to send transactional emails, e.g. receipts from restaurants. We will also notify you from time to time of important changes to our Services. You agree to these terms of communication with the customer.
Qerko may, in its sole discretion, occasionally permit you to submit, upload, publish, or otherwise provide text, audio, or visual content and information to Qerko through the Services, including comments and feedback on the Services, support requests, and participation in contests and promotions (hereinafter referred to as "User Content"). Any User Content you provide to the Company remains your property. However, by providing User Content, you grant to Qerko a worldwide, perpetual, irrevocable, transferable, royalty-free license to use, copy, modify, create derivative works, distribute, publicly display, publicly perform and otherwise exploit such User Content in any manner, in any format and through distribution channels now known or developed in the future (including, but not limited to, in connection with Qerko's services and business and on third-party websites and services) without Qerko notifying you or obtaining your consent; and without you or any other person or entity demanding any payment or non-monetary performance for user content.
You hereby represent and warrant that: you are the sole and exclusive owner of all User Content or have all rights, licenses, consents and releases necessary to license the User Content to Qerko as set forth above; neither the User Content, nor your submission, upload, publication or other provision of the User Content, nor Qerko's use of the User Content permitted by these Terms, will harm, misappropriate or violate any third party's intellectual property rights or proprietary rights or rights of privacy or personal data and will not result in a violation of any applicable laws or regulations.
You agree not to provide User Content that is defamatory, offensive, hateful, violent, indecent, pornographic, illegal or otherwise objectionable, as determined by Qerko in its sole discretion, regardless of whether such material is protected by law. Qerko may review, monitor or remove User Content in its sole discretion, at any time and for any reason, without notice to you, but is under no obligation to do so.
You are responsible for obtaining the network access required to use the Services. If you use the Services on a device connected to a wireless network, you may be subject to mobile data and texting charges, which are your responsibility. You are responsible for obtaining and updating compatible hardware or devices necessary to access and use the Services and Applications, keeping them properly updated. Qerko does not warrant that the Services or any part thereof will function on particular hardware or devices. Furthermore, the Services may be affected by disruptions and delays that are a natural consequence of the use of the Internet and electronic communications.
The loyalty program provided by Qerko (hereinafter referred to as the "Loyalty Program" or "Program") is part of the provision of services. By agreeing to the terms and conditions and creating an account, you become a member of the loyalty program.
The essence of the Loyalty Program is to provide personalized benefits and offers to Qerko users.
The program will be implemented on the territory of the Czech Republic. Its validity is without a fixed end of duration. If a decision is made to terminate the operation of the Loyalty Program, all its participants and partners will be informed. Qerko reserves the right to terminate the Loyalty Program at any time.
Only one Loyalty Program membership is linked to each account.
As part of the Loyalty Program, personal data is processed. Information on the processing of personal data can be found here:https://qerko.com/terms/general-privacy-policy/.
By agreeing to the terms and conditions, you confirm that you will follow the currently valid terms and conditions, including the conditions and rules of the Loyalty Program and act in accordance with the legal system of the Czech Republic and good morals.
Personalized benefits and offers are always attributed to a specific Qerko app account. With each purchase, when the participant identifies himself through his account, the company Qerko records information about the completed transaction and processes it for the purposes of the Loyalty Program.
The form and extent of withdrawal, including the time set for this, is determined by Qerko or the providers of the given advantage/business offer (operator of the given device; partner). No withdrawal of benefits can go outside the account, technically and procedurally it will always go through the Qerko mobile application.
The principle of the Loyalty Program is the gradual acquisition of an advantage linked to a visit or consumption. After meeting the specified conditions, the user receives a voucher for the reward.
The transfer of obtained vouchers to another user is possible (only for users who are also members of the Loyalty Program).
Qerko's goal is to provide a Loyalty Program to the satisfaction of service users. Taking advantage of personalized benefits and offers is tied to specific conditions and rules that must be followed.
It is prohibited:
In the above cases, Qerko is not obliged to provide the obtained benefit and is entitled to cancel the user's account at its own discretion (with the exception of point 6 above).
If the partner has cancelled, terminated or stopped using the Qerko platform, Qerko is not obliged to provide the benefit.
As the provider of the Loyalty Program, Qerko reserves the right to supervise its regularity, progress, compliance and enforcement of the terms.
Qerko reserves the right of final decision in all matters relating to the applicable Loyalty Program. Including the shortening, interruption or termination of its validity (activity), as well as changes or revocation of its rules. Participants will be informed of any changes on the websitewww.qerko.com, or through direct communication to the Qerko user's e-mail box.
Objections and complaints of the benefits provided will be handled in accordance with the published "Rules for Handling Claims and Complaints of Users of the Qerko Platform". Their full text is available at:https://qerko.com/terms/complaints-procedure/.
You acknowledge that Qerko allows you to pay for services or goods provided to a partner through the Qerko App, where Qerko mediates and arranges for the collection of payments with such partner's limited authority. A payment made in this way will be considered the same as a payment made by you directly to that partner. Payments will include applicable taxes as required by law, and possibly partner tips if you so choose. For tip calculation rules, please see below.
Payments made by you are final and non-refundable unless otherwise specified by Qerko. You have the right to request lower amounts from the Partner in payment for the services or goods you have received from the Partner at the time you receive the relevant goods or services. Qerko will respond accordingly to any Partner's request to change the amount of payment for specific services or goods.You further acknowledge that Qerko may charge a fee for each individual payment to facilitate and collect the payment for the Partner.All payments are due immediately and the relevant payment will be mediated by Qerko, through the Qerko application and online payment gateways GP WEBPAY, Stripe, ČSOB, Adyen, Confirmo and PayU. The administrator of the payment card data, where this data is stored and processed, is GP WEBPAY, Stripe, ČSOB, Confirmo and PayU. If this data is misused, Qerko bears no responsibility for the misuse of payment card data. Qerko will make a recurring payment from the payment card that you have entered into the online payment gateway via the Qerko application as the payment card from which you wish to pay for the services and goods provided. Qerko may issue a debit request to the Payment Gateway in the amount you instruct through the Qerko App. Qerko will then email you a receipt on behalf of the partner. If the application does not confirm a successful payment with the partner, it is not considered that you have paid the partner for the services and goods provided and you must choose an alternative payment method of the partner that the partner accepts.
Qerko may from time to time provide certain users with promotional offers and discounts that may result in differences in the amounts charged for the same or similar services or goods obtained through the use of the Services, and you hereby agree that such promotional offers and discounts, unless also available to you, will have no effect on your use of the Services or the charges applicable to you.
Qerko offers the functionality of ordering / reordering on an open account. A user who creates an order on an open account is also obliged to pay for such an order. In the event that such an order is not paid and the user causes damage to the partner, the Qerko company has the option to cancel such an order, which the user created through the Qerko application and did not pay, using the payment method added by the user to the Qerko application. Qerko reserves the right to enable the ordering / reordering service on an open account only for certain users. After you pay for services received or goods obtained from a partner, you will have the opportunity to rate your experience and leave comments about that partner. Qerko is not a payment service provider.
Tip
You understand and agree that although you have the option to increase the payment as a tip for the partner, you are under no obligation to do so. Any special rewards are voluntary. There are two ways to tip through the Qerko app, either as a fixed amount or as a percentage. If you choose to tip as a percentage, please note that Qerko will always round up. That is, if the total amount paid by you is, for example, CZK 233 and you choose a 10% tip, the amount of the tip you give will be CZK 24 (and not CZK 23.3).We round up in EUR, HUF or USD.
"Twisto" payment is provided by the company Twisto payments a.s., ID: 01615165, registered in the OR maintained by the Ministry of Justice in Prague, section B, file 19085, with registered office at Újezd 450/40, Malá Strana, 118 00 Prague 1 (hereinafter referred to as "Twisto") on the basis of the assignment of the claim for the payment of the total purchase price with an extended maturity to Twisto, under the conditions specified in"General terms and conditions for customers of the "TWISTO" service.
By choosing the Twisto service, the user declares that he is of legal age and over 18 years of age, and at the same time is aware that the "Twisto" payment service is intended only for persons who meet the above requirements.
If the User uses the "Twisto" service mediated by a partner and provided by Twisto, the User is obliged to pay the payment (i.e. the total purchase price and the cost of transporting the goods) within 14 days from the day the goods or services are sent.
The purchase contract is concluded by filling out the order by the User, acceptance of the order by the partner (written confirmation sent by e-mail) and payment of the ordered goods or services by the User or by using the "Twisto" service. The user acknowledges that in the case of using the "Twisto" service, this order is binding and does not serve as a reservation of goods or services.
The User agrees that by selecting the Twisto service in the Merchant's shopping cart and after the subsequent approval of the request by Twisto, he accepts "General terms and conditions for customers of the "TWISTO" service.
Qerko offers the functionality of creating and managing reservations. It is possible to do so conveniently via the website and the application. The reservation can be canceled just as easily electronically.
The company Qerko allows you to create a pre-paid order "to go", whereby the order can be created via the web e-shop or directly via the Qerko application.The user is identified by the generated order number at pick-up.
Qerko allows you to view a partner's offer via the Qerko app.
Qerko offers the functionality of evaluating satisfaction with the services provided.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Qerko DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, Qerko MAKES NO REPRESENTATIONS, WARRANTIES OR OBLIGATIONS REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF OUR SERVICES OR WARRANTIES THAT THE SERVICES WILL WILL BE UNINTERRUPTED OR ERROR-FREE. Qerko DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SECURITY OR AVAILABILITY OF THE PARTNER. YOU AGREE THAT THE ENTIRE RISK ARISING FROM YOUR USE OF THE SERVICES OR ANY OTHER SERVICES OR GOODS IN CONNECTION WITH THIS AGREEMENT IS YOUR SOLE RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Qerko IS NOT RESPONSIBLE FOR THE USER'S NEGLIGENCE THAT RESULTS IN THE UNAUTHORIZED USE OF THE APPLICATION BY AN UNAUTHORIZED PERSON. YOU FURTHER ACKNOWLEDGE THAT Qerko IS NOT A PARTICIPANT IN THE CONTRACTUAL RELATIONSHIPS BETWEEN YOU AND PARTNERS. Qerko IS NOT RESPONSIBLE FOR THE QUALITY OF SERVICES PROVIDED BY PARTNERS.
Qerko SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, PERSONAL INJURY, OR PROPERTY DAMAGE IN CONNECTION WITH OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, EVEN IF IT WAS HONESTY Qerko ON POSSIBILITY SUCH DAMAGES NOTIFIED. Qerko SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITIES OR LOSSES RESULTING FROM:
Qerko HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Qerko SHALL NOT BE LIABLE FOR DELAY OR FAILURE TO PERFORM FOR A CAUSE BEYOND Qerko's REASONABLE CONTROL. IN NO EVENT SHALL Qerko'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED EUROS (EUR 100).
You hereby agree to indemnify and hold Qerko and its employees and agents harmless from and against any and all suits, claims, losses, liabilities and expenses (including attorneys' fees) arising out of or related to the following:
Unless otherwise stated in these terms and conditions, these terms and conditions shall be governed and interpreted exclusively in accordance with the laws of the Czech Republic. If the relationship related to the use of the application and the provision of services contains an international (foreign) element, we hereby jointly agree that such relationship is governed by the legal order of the Czech Republic and any disputes will be resolved by the Czech general courts. The language of the court proceedings will be Czech. The existence and content of the legal proceedings, including the documents and summaries submitted by the parties, will remain strictly confidential and the information will not be disclosed to any third party without the express written consent of the other party unless:
The company Qerko hereby informs you as a consumer that disputes between you and the company Qerko, which could not be settled directly, can also be resolved in the form of an out-of-court resolution of consumer disputes. The materially competent entity for the out-of-court settlement of consumer disputes is, in particular, the Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail:adr@coi.cz, internet address:adr.coi.cz; Ministry of Industry and Trade (websitehttps://www.mpo.cz/) maintains a list of entities for out-of-court settlement of consumer disputes. The legal regulation of out-of-court settlement of consumer disputes is contained in particular in the provisions of Section 20d et seq. of the Consumer Protection Act. You can also use the online consumer dispute resolution platform set up by the European Commission at:http://ec.europa.eu/consumers/odr/.
Claims of copyright infringement should be directed to Qerko's designated representative. Please visit the Qerko website athttps://www.qerko.com and search for relevant addresses and additional information.
If any provision of this Agreement shall be found, in whole or in part, to be unlawful, void or unenforceable under any law, such provision or part thereof shall, to the extent applicable, not be deemed a part of this Agreement, but the legality, validity and enforceability of the remainder of this Agreement shall not be affected thereby. In such a case, the contracting parties shall replace the illegal, invalid or unenforceable provision (or part thereof) with a provision (or part thereof) which is legal, valid and enforceable and which, having regard to the content and purpose of this Agreement, has as close as possible an effect similar to the illegal one, invalid or unenforceable provision (or part thereof).
These terms and conditions, including the introductory part and all additional terms and conditions, represent the entire agreement of the contracting parties regarding the subject matter of the contract and supersede and invalidate all previous and concurrent agreements or arrangements relating to such subject matter.
