Terms of service

nicegastro.pl
Introduction

The website available at https://nicegastro.pl/ (hereinafter referred to as the „Website”) is operated by Nicesoft Sp. z o.o., with its registered office at ul. Samuela Bogumiła Lindego 1C, 30-148 Kraków, entered into the register of entrepreneurs of the National Court Register by the XII Commercial Division of the District Court for Kraków-Śródmieście in Kraków under KRS number: 9442258102, NIP: 9442258102, REGON: 369166795.

These terms and conditions define the types and scope of services provided electronically via the Website, the rules for concluding agreements using the Website, the rules for performing these agreements, the rights and obligations of the Customer and the Service Provider, and the procedure for withdrawing from an agreement and handling complaints.

§ 1. DEFINITIONS

Whenever the following terms are used in these Terms and Conditions, they shall have the meanings ascribed to them below:

  1. Service provider Nicesoft Sp. z o.o., with its registered office at ul. Samuela Bogumiła Lindego 1C, 30-148 Kraków, entered into the register of entrepreneurs of the National Court Register by the XII Commercial Department of the National Court Register of the District Court for Kraków-Śródmieście in Kraków under number KRS: 9442258102, NIP: 9442258102, REGON: 369166795, email: biuro@nicesoft.pl.
  2. Website / Service – Internet service belonging to the Service Provider at the URL: www.nicegastro.pl.
  3. Personal data – information relating to an identified or identifiable natural person („data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, i.e. designated data of the Service Users necessary for the correct performance of the Service.
  4. Consumer – a natural person entering into a legal transaction with an entrepreneur that is not directly related to their business or professional activity; a user of the Service.
  5. User – user of the Service.
  6. Break – temporary cessation of the Service's operation or its individual subpages or functions, which will be necessary for technical reasons, including in connection with maintenance, modifications or repairs of the Service.
  7. Mobile device / Device – a device allowing the User to use the Application and data transmission services, in particular a mobile phone or tablet, running on the AndroidTM or iOS operating system, or another one indicated in the Application. 
  8. Higher Power – extraordinary events over which the Service Provider and the User have no control, or which they cannot prevent.
  9. Contract – Service Agreement, concluded between the Service Provider and the User in accordance with the rules set out in the Regulations.
  10. Services – services provided electronically by the Service Provider within the scope of the Service.
  11. Regulations – this document.

§ 2. GENERAL PROVISIONS

  1. The regulations set out the terms for the provision of services electronically, the rules for the operation of the Service, the conclusion and termination of agreements, and the conditions for access to content and use of the Service.
  2. The owner of the Service is the Service Provider:
    • Correspondence address: ul. Samuela Bogumiła Linde 1C, 30-148 Kraków
    • Email: biuro@nicesoft.pl
    • Telephone 124 466 915

§ 3. SERVICES

  1. Through the Service, the Service Provider provides Users with the Service of making Service content available on demand by the User. 
  2. The service referred to in paragraph 1 of this section is provided free of charge. 
  3. The user may browse the content of the Service at any time, subject to § 4 para. 3 of the Regulations. 
  4. The Service Provider provides Services and enters into Agreements in the Polish language.

§ 4. Technical Requirements and Usage Rules

  1. The user is obliged to use the Service in accordance with its intended purpose, the content of the Regulations, and in accordance with the law and social norms.
  2. To use the Service, the User must have the following equipment: 
    • A computer or mobile device (e.g. smartphone, tablet) connected to the Internet and possessing software that enables access to the Service;
    • Web browser with JavaScript and cookies enabled.
  3. Using the Service does not require registration or the provision of Personal Data.
  4. The Service Provider has the right to introduce a Break. The Service Provider will inform the User of any planned Break that may affect normal use of the Service by posting information about the planned Break on the Service. 
  5. In the event of a Service failure, the Service Provider shall make every effort to restore the functionality of the Service without delay.

§ 5. CONCLUSION AND TERMINATION OF THE AGREEMENT

The agreement is concluded at the moment the User starts using the Service and expires upon cessation of use of the Services.

§ 6. LIABILITY

The service provider is not liable, among other things, for:

  • non-performance or improper performance of the Agreement resulting from circumstances constituting Force Majeure;
  • non-performance or improper performance of obligations caused by the User's action or omission, including, but not limited to, using the Service in a manner contrary to its intended purpose;
  • content posted on the Service by third parties.

§ 7. Personal Data and Cookie Policy

  1. The service provider may process Personal Data in accordance with applicable laws and the Privacy Policy.
  2. The rules regarding the “cookies” policy are described in a separate document – the „Privacy Policy,” available on the Service at: Privacy Policy – niceGastro

§ 8. COMPLAINTS, WITHDRAWAL FROM CONTRACT

  1. Complaints can be submitted electronically to the Service Provider's address: office@nicesoft.pl.
  2. The complaint should include the full name, contact details, and a description of the issue.
  3. The Service Provider shall consider the complaint within 30 days of its receipt.
  4. In accordance with Article 38, point 1, of the Act of 30 May 2014 on Consumer Rights, a Consumer does not have the right to withdraw from a distance contract or an off-premises contract if the Service has been fully performed with their express consent, after having been informed that in such a situation they will lose the right of withdrawal. Therefore, the Service Provider indicates that the Consumer is not entitled to cancel the Agreement.

§ 9. OUT-OF-COURT DISPUTE RESOLUTION

  1. After the complaint procedure has been completed, the Consumer has the right to use out-of-court dispute resolution and claim settlement methods. In particular, the Consumer:
    • may apply to the permanent arbitration consumer court operating at the Trade Inspection with a request to settle disputes arising from the concluded Agreement;
    • has the right to apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings in order to amicably resolve a dispute between the Consumer and the Service Provider;
    • may make use of free dispute resolution assistance provided by district (municipal) consumer ombudsmen or civil society organisations involved in consumer rights protection, such as the Consumers' Federation or the Polish Consumers' Association. The Consumers' Federation provides advice via the free helpline number 800 007 707, and the Polish Consumers' Association – via the e-mail address: porady@dlakonsumentow.pl.
  2. A full list of institutions dealing with out-of-court dispute resolution for consumers, along with their scope of competence, is available on the Office of Competition and Consumer Protection website: www.uokik.gov.pl.
  3. The consumer also has the option to use the EU Online Dispute Resolution (ODR) platform, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013. This platform is available at: https://ec.europa.eu/consumers/odr/ it enables the independent, impartial, transparent, swift and fair resolution of online disputes concerning contracts entered into between consumers and traders having their habitual residence within the European Union.
  4. The use of out-of-court dispute resolution methods is voluntary, meaning it requires the consent of both parties.

§ 10. INTELLECTUAL PROPERTY RIGHTS

  1. The Service Provider owns the rights to the Service, including copyright. All technical solutions, graphical elements and other components of the Service's websites are protected by law, in particular HTML codes, CSS stylesheets and JavaScript scripts, to which the Service Provider holds copyright. This protection also covers all materials and works transferred or made available to Users in connection with the provision of Services. The mere making available of such materials does not constitute a transfer or grant of rights to them, unless expressly indicated otherwise in the Service Provider's statement.
  2. Copying or distributing materials or data available on the Service to any extent requires the written consent of the Service Provider each time. In particular, it is forbidden to copy, modify, or use data and other content made available on the Service for the purpose of republication on other websites, portals, or offline, as well as in any other way that could infringe upon the interests of the Service Provider.

§ 11. HAZARDS

  1. Like every internet user, you are exposed to risks arising from using the web. One of the main risks is the possibility of infecting your system with malware, such as viruses, worms, or Trojan horses. To minimise this risk, it is recommended to use up-to-date antivirus software and firewalls on the device used to connect to the Service.
  2. The Service Provider wishes to point out that there is a particular danger associated with the activities of hackers, who may attempt to breach both the Service Provider's systems (e.g., attacks on the website) and the User's devices.
  3. Despite the Service Provider’s use of modern technical safeguards to mitigate the aforementioned threats, there are no methods that can fully and completely protect against these types of actions.

§ 12. AMENDMENT OF REGULATIONS

    1. The Service Provider reserves the right to introduce changes to the Regulations in justified situations, in particular in the event of:
      • modifications to the technical conditions for the operation of the Service, resulting from, among other things, the development of technology;
      • changes to the terms of use of software or devices used to operate the Service, introduced by manufacturers or entities holding rights to them;
      • the issuance of decisions or rulings by competent state bodies, which may affect the content of the Regulations or the way the Service operates;
      • Force Majeure events;
      • changes in the organisational or formal structure of the Service Provider that are significant for the operation of the Service.
  2. Any modification to the Regulations and its scope will be communicated to Users via appropriate information posted on the Service. The introduced changes do not affect Services provided before their entry into force.

§ 13. FINAL PROVISIONS

    1. In matters concerning the implementation of the Regulations and the Agreement, Polish law shall apply.
    2. Before using the Service, users are obliged to familiarise themselves with the Terms and Conditions.
    3. The terms and conditions are available free of charge and continuously on the Service – both before the conclusion of the Agreement and upon the User's request – in a form that allows them to be downloaded, played back, and saved using the teleinformatic system used by the User.
    4. These Terms and Conditions are effective from 01.09.2025.