Current as of: 24. 1. 2022
These terms of using our service (also referred to as just "Terms and conditions") govern your use of and access to the applications, websites, content, products and services (also referred to as just "Services") provided by Qerko, s.r.o., Business ID: 06678815, with its registered office at Pivovarská 598/3, Prague 5, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 286872, (also referred to as just "Qerko"). These Terms and conditions and conditions for 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 agree to be bound by them. By agreeing to the Terms and conditions, a contractual relationship is created between Qerko and you. If you do not agree to these Terms of Service, you may not use or access our Services. These Terms and conditions expressly supersede any prior agreements or understandings made or held with you. Qerko reserves the right to unilaterally amend these Terms and conditions to the extent reasonably possible, in particular in the event of a change in legislation, a technical change to our Services, a change in Qerko's operational, organizational or business processes, etc., provided that Qerko will post the updated and complete version of the Terms and conditions on the website https://www.qerko.com/ and notify the users of the change at least 7 days prior to the effective date of the change. Users have the option to reject the changes to the Terms and conditions and cancel their account. By accessing or using the Services after the effective date of the change to the Terms and conditions, you signify your acceptance of the changed Terms and conditions. Furthermore, Qerko may immediately terminate the Services or may discontinue offering the Services entirely or deny access to the Services or any portion 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 and conditions will be disclosed to you in connection with the provision of the relevant Services. The additional terms and conditions are in addition to, and shall be deemed to be part of, the Terms and conditions for the purposes of the relevant Services. In the event of a conflict relating to the additional services, the additional terms shall prevail over the Terms and conditions.
Our data collection and processing practices relating to the Services are governed by Qerko's Personal Data Protection Policy located at https://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 are understood to be Qerko's technology platform through which users of Qerko's mobile applications or websites (also referred to as just "Apps") collect loyalty points to earn benefits and qualify for offers. Users can pay for all or part of their spending for services and goods provided by a Qerko partner (e.g., a restaurant) that allows payment for its services and goods through our Apps based on a contract with Qerko (also referred to as just "Partner").
Subject to your compliance with these Terms and Conditions, Qerko grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to do the following:
The license is not limited by territory. You have no right to transfer the license granted to you to any 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 activities:
If you use applications developed for mobile devices running Apple iOS or Android operating systems to access the Services, the respective Apple Inc. and Google Inc. companies will also be independent beneficiaries of this contract. These independent beneficiaries are not parties to this contract and are in no way responsible for providing or supporting the Services. If you use these devices to access the Services, such use is governed by the conditions set forth in the respective independent beneficiary's terms of service.
The Services and all rights therein are, and shall remain, the property of Qerko or Qerko's licensors. Neither these Terms and Conditions nor your use of the Services transfer or grant any of the following rights to you:
To use the Services, you must establish and maintain an active personal account (also referred to as just "Account"). To obtain an Account, you must be both at least 18 years of age and have attained the age of majority in the territory that you reside (if the age of majority is greater than 18 years of age). To establish an Account, you are required to submit certain personal information to Qerko, such as your first and last name, email and mobile phone number. You agree and commit to maintain accurate, complete, and up-to-date information in your Account. You may correct or update your account information at any time. You are obtaining an Account as a non-business individual. If you fail to maintain accurate, complete, and current account information, you may lose access to or permission to use the Services or Qerko may unilaterally terminate this contract and cancel your Account. You are responsible for all activity that occurs in your Account and agree to keep your username (current email address) and password for accessing your Account secure and confidential at all times. You are also responsible for all activity that occurs in your Account through an already logged in application on your mobile device, which must be kept secure against misuse. You must protect your account access details and keep them confidential. Qerko will not be liable for any misuse of your account access details if they are disclosed to a third party. Unless Qerko provides other written permission, you may only have one Account.
You may terminate your Account at any time of your choosing and cancel your registration for the Service via the button in your personal profile. You may cancel your Account without giving any reason.
In the event of any breach or abuse of these Terms and Conditions, Qerko may, at its sole discretion, terminate your Account. User Requirements and User Conduct
The Service is available to individuals and is not available for use by persons under the age of 18. You may not grant permission to others to use your Account and you may not allow persons under the age of 18 to pay for any portion of any amount spent to one of our Partners unless such persons are accompanying you. You may not transfer or otherwise assign your Account to any other person or entity. You agree to comply with all applicable laws in your use of the Services. You will not cause inconvenience, harm, discomfort or damage to the Partner or any other party's property while 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 identity, you may be denied access to or revoked your authority to use the Services.
The App can only be actively used if you authorize it to make recurring payments from your credit card or through using the Apple Pay or Google Pay payment methods. Authorisation is done by charging a verification fee payment of CZK 1 from the payment card via an online payment gateway from GP Webpay, Stripe, PayU, or ČSOB. This verifies the existence of the payment card and also creates consent for Qerko to make recurring payments from that payment card. You can revoke your consent for recurring payments at any time in the App.
By creating an account, you agree that the Services may send you informational text messages (SMS) in the normal course of using the Services. You may opt-out of receiving text messages (SMS) from Qerko at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive such messages and by providing the phone number of the mobile device receiving 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 you pay for goods and services from Partners to whom the promotional offers or benefits apply. If you have consented to receive commercial communications within the meaning of Section 7 of Act 480/2004 Coll., Qerko may inform you of offers from its partners via email or SMS, as well as through the App. You can withdraw your consent to receive such promotional offers at any time, regardless of whether these are offers from Qerko or from Partners.
We also use your personal data to obtain feedback from you on the operation of our Services and to send transactional emails, such as restaurant receipts. From time to time, we will also notify you of important changes to our Services. You agree to these customer communication terms.
Qerko may, in its sole discretion, from time to time permit you to submit, upload, post or otherwise provide textual, audio or visual content and information to Qerko through the Services, including comments and feedback on the Services, requests for support, and entries into contests and promotions (also referred to as just "User Generated Content" or “UGC”). Any UGC you provide to Qerko remains your property. However, by providing Qerko UGC, you grant Qerko a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works from, distribute, and publicly display, public display, and other use of such UGC in any manner in any formats and through any distribution channels now known or hereafter developed (including, without limitation, in connection with Qerko's Services and business and on third-party sites and services), without notice to you or consent from you, and without any demand or requirement by you or any other person or entity for any consideration or in-kind contribution for the UGC.
When submitting any form of UCG, you also hereby represent and warrant that you are either the sole and exclusive owner of the UGC or have all rights, licenses, consents and releases necessary to grant Qerko a license to the UGC as set forth above; and that neither the UGC, nor your submission, uploading, posting, publishing or otherwise providing the UGC, nor any use of Qerko's UGC permitted by these Terms and Conditions, will damage, misappropriate or violate any third party's intellectual property or proprietary rights or rights to protect personal privacy or personal information, and will not result in a violation of any applicable laws or regulations.
You agree not to provide UGC 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 UGC in its sole discretion, at any time and for any reason, with no obligation to provide notice to you.
You are responsible for obtaining the data network access necessary to use the Services. If you use the Services on a device connected to a wireless network, you may be subject to mobile data network and text messaging charges, which you are responsible for paying. You are responsible for obtaining and properly updating any compatible hardware or devices necessary to access and use the Services and Apps. Qerko does not warrant that the Services, or any portion thereof, will function on any particular hardware or devices. Further, the Services may be subject to interruptions and delays that are a natural consequence of the use of the Internet and electronic communications.
As part of the provision of the Services, Qerko provides a loyalty program (also referred to as the "Loyalty program" or "Program"). 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 in the territory of the Czech Republic. It is valid for an indefinite time period. If a decision is made to discontinue the Loyalty program, all participants and partners will be informed. Qerko reserves the right to terminate the Loyalty Program at any time.
Only one Loyalty program membership will be linked to each account.
The Loyalty program involves the processing of personal data. 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 abide by the currently applicable Terms and conditions, including the terms and conditions of the Loyalty program, and act in accordance with Czech law and good morals.
Personalized benefits and offers are always attributed to a specific Account. Each time a user identifies themself through their Account, Qerko records information about the transaction and processes it for the purposes of the Loyalty program.
The form and scope of the redemption of benefits, including the time period for redemption, is determined by Qerko or the providers of the benefit/business offer (e.g.: facility operator or Partner). No redemption of benefits can go outside the Account, technically and procedurally it will always go through the App.
The principle of the Loyalty program is the progressive acquisition of a benefit linked to a visit or purchase. After meeting the set conditions, the user receives a voucher to claim the reward.
Transfer of the earned vouchers to another user is possible (only to users who are also members of the Loyalty program).
Qerko's goal is to provide a Loyalty program that is satisfying to the users of our Service. The use of personalized benefits and offers is tied to specific conditions and rules that must be followed.
The following are prohibited:
In the above cases, Qerko is not obligated to provide the benefit obtained and is entitled to cancel the user's Account at its sole discretion (except for the final bullet point above).
If the Partner has cancelled, terminated, or stopped using the Services, Qerko is not obliged to provide the benefit.
As the provider of the Loyalty program, Qerko reserves the right to supervise the regularity, conduct, compliance, and enforcement of the terms and conditions of the Loyalty program.
Qerko reserves the right of final decision in all matters relating to the Loyalty program. This includes the shortening, suspension, or termination of its validity (operation), as well as the modification or revocation of its rules. Participants will be informed of any changes on the website www.qerko.com or via direct communication to the Qerko user's email inbox.
Objections and complaints about the benefits provided will be handled in accordance with the published Rules for handling complaints and refunds. The 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 App, where Qerko facilitates and arranges for the collection of payments with limited authority of such Partner. Payment made in this manner will be treated the same as payment made by you directly to that Partner. Payments will include applicable taxes as required by law. Payments paid by you are final and non-refundable, unless otherwise specified by Qerko. You have the right to claim lesser amounts from the Partner for payment for services or goods received from the Partner at the time you receive the relevant goods or services. Qerko will respond appropriately to any request from a Partner to change the amount of payment for specific services or goods.
All payments are due immediately and the relevant payment will be facilitated by Qerko, through the App and through one or multiple of the online payment gateways GP WEBPAY, Stripe, CSOB and PayU. The payment card data controller where this data is stored and processed is GP WEBPAY, Stripe, CSOB and PayU. If this data is misused, Qerko shall not be liable for any misuse of the payment card data. Qerko will make a recurring payment from the payment card you have entered into the online payment gateway via the App as the payment card from which you wish to pay for the services and goods provided. Qerko may enter a charge request into the payment gateway in the amount you instruct through the App. Qerko will then email you a receipt on behalf of the Partner. If the App does not confirm a successful payment to the Partner, you are not deemed to have paid the Partner for the services and goods provided and must select an alternative method of payment accepted by the Partner.
Qerko may, from time to time, provide promotional offers and discounts to certain users 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 fees applicable to you.
Qerko offers open account ordering/reordering functionality. A user who creates an order on an open account is also required to pay for such order. In the event that such an order is not paid and the user causes damage to the Partner, Qerko has the option to charge said order using the payment method added by the user to the App. Qerko reserves the right to allow the open account ordering/reordering service only to certain users.
You understand and agree that although you have the option to increase your payment as a gratuity to a partner, you are under no obligation to do so. Any special gratuities are voluntary. After you pay for services or goods received 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.
SERVICES ARE PROVIDED "AS IS" AND "WHEN AVAILABLE". QERKO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF TERMS. QERKO HEREBY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING RELIABILITY, TIMELINESS, QUALITY, THE SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF OUR SERVICES, OR ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. QERKO DOES NOT WARRANT THE QUALITY, SUITABILITY, SAFETY OR AVAILABILITY OF OUR PARTNERS. YOU AGREE THAT ANY RISK ARISING FROM YOUR USE OF THE SERVICES OR ANY OTHER SERVICES OR GOODS IN CONNECTION WITH THIS AGREEMENT IS SOLELY YOUR RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. QERKO WILL NOT BE LIABLE FOR ANY USER'S MISCONDUCT THAT RESULTS IN UNAUTHORIZED USE OF THE APP BY AN UNAUTHORIZED PERSON. YOU FURTHER TAKE NOTICE THAT QERKO IS NOT PART OF THE CONTRACTUAL RELATIONSHIP BETWEEN YOU AND THE PARTNERS. QERKO WILL NOT BE RESPONSIBLE FOR THE QUALITY OF THE SERVICES PROVIDED BY THE PARTNERS.
QERKO IS NOT LIABLE FOR DIRECT, INCIDENTAL, INCIDENTAL, EXEMPLARY, SANCTIONARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL DAMAGES OR PROPERTY DAMAGES IN CONNECTION WITH THE USE OF THE SERVICES OR OTHERWISE RESULTING THEREFROM, EVEN IF QERKO HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QERKO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITIES OR LOSSES ARISING OUT OF:
QERKO SHALL NOT BE LIABLE FOR ANY FAILURE OR OMISSION TO PERFORM FOR ANY REASON NOT WITHIN QERKO'S REASONABLE CONTROL. IN NO EVENT SHALL QERKO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF INCIDENT IN CONNECTION WITH THE SERVICES EXCEED ONE HUNDRED EURO (€100).
You hereby agree to indemnify Qerko and its employees and agents against any and all actions, claims, losses, liabilities and expenses (including attorneys' fees) arising out of, or related to, the following:
Except as otherwise provided in these Terms and conditions, these Terms and conditions shall be governed by and construed exclusively in accordance with the laws of the Czech Republic. If the relationship related to the use of the App and the provision of the Services contains an international (foreign) element, then we hereby jointly agree that such relationship shall be governed by the laws of the Czech Republic and any disputes shall be resolved by the Czech general courts. The language of the proceedings shall be Czech. The existence and content of the legal proceedings, including documents and summaries submitted by the Parties, shall remain strictly confidential and the information shall not be disclosed to any third party without the express written consent of the other Party, unless:
Qerko hereby informs you, as a consumer, that disputes between you and Qerko that cannot be settled directly may also be resolved through out-of-court consumer dispute resolution. In particular, the Czech Trade Inspectorate, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: email@example.com, internet address: adr.coi.cz; the Ministry of Industry and Trade (website https://www.mpo.cz/) maintains a list of entities for out-of-court resolution of consumer disputes. The legal regulation of out-of-court settlement of consumer disputes is contained in particular in the provisions of § 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/.
Copyright infringement claims should be sent to Qerko's designated representative. Please visit Qerko's website at https://www.qerko.com for the relevant addresses and additional information.
If any provision of this agreement shall be found to be illegal, invalid, or unenforceable in whole or in part under any law, such provision or portion thereof shall not be deemed to be part of this agreement to that extent, but the legality, validity, and enforceability of the remainder of this agreement shall not be affected. In such event, the 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, to the fullest extent possible, a similar effect to the illegal, invalid, or unenforceable provision (or part thereof).
These Terms and conditions, including the introductory section and any supplemental terms and conditions, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede and invalidate all prior and contemporaneous agreements or understandings with respect to such subject matter.