Effective: from 17 December 2024
The operator of the PADTHAI WOKSTAR application (hereinafter: Application) is R.T.B. Étterem Korlátolt Felelősségű Társaság (registered office: 1122 Budapest, Bíró utca 7., company registration number: 01-09-201806, tax number: 24103114-2-43, contact: support@padthaiwokbar.com) (hereinafter: Operator).
The server service is provided by DEEPBLUE System Informatikai Szolgáltató Korlátolt Felelősségű Társaság (registered office: 1064 Budapest, Vörösmarty utca 67; company registration number: 01-09-874425, tax number: 13810380-2-42) (hereinafter referred to as the “Server Provider”).
When accessing and using the Application, the User shall fully comply with the applicable laws and the provisions of the applicable GTC.
By registering for the Application, the User accepts the provisions of the applicable GTC and the applicable Privacy Policy. If the User does not accept the provisions of the current GTC or the User Privacy Policy, the User is not entitled to register and use the Application.
The interpretation and application of these GTC shall be governed by Hungarian law. The Users of the Application expressly consent to the exclusive jurisdiction of the authorities and courts of the place of establishment of the Operator in disputes under Hungarian law.
The Padthai group of companies is the owner of the Application and all related trademarks, copyrights and other intellectual property, whether registered or unregistered (collectively, the “Intellectual Property”). Users are entitled to use the Application with full respect for the Intellectual Property.
Intellectual Property includes in particular, but not limited to, all software, trademarks, logos, logotypes, brand names, trade names, photographs, text, graphics, illustrations, colour schemes, product names, databases.
Any infringement of Intellectual Property, such as infringing, copying, reproducing, adapting, unauthorized use, transfer, encumbering, or disposing of it in any way is strictly prohibited.
Any violation of these provisions, in addition to the immediate termination of the possibility to use the Application, shall result in the Operator and/or other holders of Intellectual Property rights taking appropriate legal action, including possible criminal action, against the User or any other person who infringes.
A User may be deleted from the Application database without prior notice if he/she:
The Application is free to download and free to register for and create a User Account.
The data traffic operator may charge a separate fee for downloading and using the Application. Any costs incurred in this connection shall be borne by the User.
Only registered Users are entitled to use the Application.
The Operator may modify these GTC and the operation of the Application or terminate the operation of the Application at any time without prior notice to the User.
Access to the Application may be withdrawn by the Operator at any time, either for a specific User or more generally or in its entirety, without prior notice or warning.
The Operator shall not be liable in any way in the event of external, so-called SQL attacks against the Application or the server running it. If, as a result of an attack on the Application or the server, the User is unable to access the Application, the User receives incorrect system messages when using the Application, or any of the User’s recorded data, order history or loyalty points are lost as a result of external attacks, the Operator shall not be liable for such cases.
The Operator reserves the right to exclude any User from the Application with immediate effect if it detects or has reasonable grounds to suspect any manipulation, mass downloading, or any conduct incompatible with or in breach of the spirit of the Application.
Changes to the database related to the Application may only be made by the Operator.
Any interference by any external means not available as part of the Application will result in the immediate exclusion of the User.
If the User closes the Application while using it, or if the connection (for any reason) with the Server Provider is lost, the Operator shall not be liable for any loss of data.
The Operator, who creates and administers the Application, will use all means at its disposal to ensure that the use of the Application is technically secure. The Operator shall not be liable for any damages resulting from the connection to or the improper operation of the Application, any loss of data due to possible Internet network downtime, path failure, any unexpected technical failure, computer virus or other malicious attack targeting the Application.
Users must always assess whether they have the necessary knowledge and technical requirements to use the Application.
The Operator declares and undertakes to ensure an availability of 80% per year for the operation of the Application. The Operator shall not be liable for any downtime or other malfunctions within the limits of this clause, whether caused by the Operator, third parties or the Operator’s partners.
You may not download, store, use or sell, by automated means or otherwise, all or any part of the content displayed on the Application or the Database (in whole or in part).
You may not adapt or reverse engineer the content of the Application or any part of it.
You must not use any application or software that allows you to modify or index the Application or any part of it (e.g., a search engine or any other reverse-engineered application).
The creation of User identifiers in a way that is unfair and different from the purpose of the Application is prohibited.
You are prohibited from disclosing the User Account used in the Application to any third party.
Insulting, offensive, aggressive, vulgar, sexual, political, or otherwise immoral or significantly different from what is expected and customary in everyday communication, communication behaviour or style is prohibited in oral or written communication with the Operator, the Operator’s employees or the Operator’s contractual partners, as well as on any communication surface of the Application.
In addition to the foregoing, any conduct of the User that is not specified in this Section VII, but is expressly set forth as prohibited or prohibited conduct in other provisions of the GTC, is also prohibited.
The Operator stipulates that in the event of the conduct set forth in this Section (VII.), the Operator is entitled to delete the User from the Database without prior warning or reason and to prohibit the User (based on his/her/it e-mail address and telephone number) from re-registering.
Technical requirements for using the Application:
For IT security reasons, the App cannot be run on a rooted phone or a phone that does not have basic Google services.
For IT security reasons, the Application may report an error when offline.
The Operator shall not be held liable for any loss or corruption of data resulting from the use of the Application. The Operator shall not be liable for damages in connection with any data or information provided or displayed by any external server connected to the Application.
The Application can be used by installing it, after registration. Installation is only permitted via Google Play or the Apple App Store. The Application will check for updates regularly, depending on the operating system running on your mobile phone. The Operator is not responsible for the operation of the App Store and the operating system.
When replacing your mobile device, you will need to download the Application again. However, the new download does not require re-registration, and the previous information stored in the Application remains available after login.
The Application can only be used by registered Users, and only after Registration can an Order be placed and Loyalty Points be collected/used. After Registration, the User Account is created. A User Account is created only after Registration through Application, web.padthaiwokbar.com or Loyalty.padthaiwokbar.com and can be used only through the Application.
Registration requires the provision of personal data. Registration is only possible by providing the Registrant’s own personal data, i.e. registration on behalf of another person is strictly prohibited.
Registrant to create a User Account on the App requires a free download of the PADTHAI WOKSTAR mobile app, which can be found in the App Stores.
By entering the Application and selecting the “Register/Login” button, the Registrant can create a User Account by entering his/her mobile phone number and accepting all the provisions of the GTC and the Privacy Policy.
After entering your mobile phone number, the Registrant will receive a 5-digit verification code (hereinafter referred to as the “Code”) by text message to the mobile phone number provided by the Registrant, by clicking on the “Next” button to confirm the mobile phone number. The Registrant will only be able to proceed with the Registration by entering the Code. If the Registrant does not receive a Code, he/she may request a new Code or use the back arrow to change the mobile phone number he/she has provided.
Once the Registrant’s mobile phone number has been verified, the User Account is created and the Registrant is considered a User. However, to finalize the Registration, the User is still required to provide his/her year of birth and e-mail address, which will be managed by the Operator for the purposes of contacting and sending the Electronic Invoice for purchases.
Users can then enter their first name, surname, month and date of birth. The data recorded in this section are not a prerequisite for Registration, so the Registrant may finalize his/her Registration by clicking on the “I Cancel” button.
During the registration process, the Registrant has the possibility to subscribe to marketing messages (newsletters) sent by the Operator in the form of direct marketing enquiries by ticking the relevant box. However, subscription is not a condition of Registration.
After finalising the Registration, the Application offers the User to enter his/her delivery address and billing details in his/her User Account. If the User does not wish to provide any further details, the Application will redirect the User to the home page by clicking on the “Close” button.
The User is solely responsible for the accuracy, timeliness and truthfulness of the personal data provided during registration or at any time while using the Application or the Service.
The Operator shall not be liable for any damages resulting from unauthorised access to the Application. The User shall notify the Operator immediately if it is suspected that unauthorised persons have gained access to his User Account.
Only one User Account can be associated with a phone number. Only one phone number can be verified for a User Account. A User is not entitled to change the telephone number associated with a User Account. If a User wishes to register a new telephone number, he/she can only do so during a new registration.
If this is necessary for the fulfilment of the Service, the Operator, the Partners or the delivery couriers will contact the User on the confirmed telephone number, and the Operator may provide information via SMS regarding the operation of the Application or the status of the Order, delivery.
The User may request the deletion of his/her User Account at any time by clicking on the “Delete profile” button under “Profile” “Personal data” and finally on the “Delete my profile” button. You acknowledge that by deleting your User Account, you will lose all stored information including your loyalty points, orders, account settings, as explained later. The User acknowledges that the deletion of the User Account will delete only data and information stored and managed by the Operator and that the deletion of the User Account does not automatically mean that the contractual partners used by the Operator or the data processors specified in the Privacy Policy under point XIV or the recipients of personal data will simultaneously delete all personal data of the User managed by them from their own registration systems.
The Operator stipulates that where the GTC refer to Order in capital letters, the Order as a process and the Order as the total of the products selected and paid for shall be understood.
Orders can only be placed electronically via the Application. The Operator accepts Orders via the Application only from registered Users and only if the User has entered all the data required for the Order.
The Operator excludes all liability arising from the incorrectness, typographical error or failure to provide true and correct information in the Application. The Operator shall not be liable for any delay or failure in the performance of the Contract or for any other problem or error caused by the User’s incorrect and/or inaccurate data.
Users can start the Order process by clicking on the “Order” icon on the home page. The User must then choose which Padthai restaurant to place his/her order. The Application will then offer the User access to his/her location data, if not previously provided by the User, in order to see the distance (in kilometres) of each restaurant from its current location. User can do this by selecting the “Allow” button on the location data access request window that pops up when selecting restaurants. The user can then also choose from Padthai’s restaurants by distance. If the User selects the “Not now” button in the window requesting access to the location data, the function set out in this point will not be available to him/her. The User can enable the location data later under the “Profile” menu or when placing a subsequent order.
Once the User has specified the Restaurant where he/she wishes to place the Order, he/she chooses whether to consume his/her Order in the Restaurant, to collect it in the Restaurant or to have it delivered to his/her home.
After the Cart has been created, the User is redirected to the Cart summary page, which is used to check the data, by clicking on the „Cart” icon. Here the User checks and finalizes the data necessary to finalize the Order (such as the delivery address and/or the selected restaurant and/or the pick-up date).
Users have the possibility to redeem Loyalty Points received for previous orders on the Shopping Cart summary page. The User can view the number of Loyalty Points in the green bar at the top of the Shopping Cart Summary. If the User wishes to redeem Loyalty Points, he can do so by ticking the “Redeem Points” icon. The Application will then display how much the User’s Loyalty Points, expressed in HUF, reduce the value of the order.
The Operator confirms that Loyalty Points cannot be shared, the User is entitled to use them only in one. If the value of the Order in Points is less than the number of User’s Loyalty Points, the User may continue to use the unused Loyalty Points in a subsequent Order.
The User may refer to the detailed rules of Loyalty Points, their use and the way of collecting them in Section XIII of these GTC.
In the Shopping Cart summary interface, the User can pay for his Order by clicking on the “Pay” icon in one of the following ways:
During the Bank Card payment, the User can choose to pay using his/her previously saved bank card (in case of multiple bank cards, the choice applies to all bank cards) or by adding a new bank card.
When using Apple Pay and Google Pay payment methods, the payment option stored on the User’s phone is activated by Apple Pay or Google Pay. In this case, the User does not need to enter his card details, as they are already stored in his Apple Pay or Google Pay wallet.
The User can pay for his/her Order through the payment system embedded in the application of STRIPE, INC., (354 Oyster Point Blvd, South San Francisco, California, United States, 94080, company registration number 4675506, hereinafter referred to as STRIPE) application. The User acknowledges that his/her card details are stored by STRIPE. The User acknowledges that he/she accepts that STRIPE accepts the data processing of the User.
The User understands and accepts that when providing the payment card, STRIPE may check whether it is valid and has sufficient funds, and that the circumstances of the use of the credit card or Apple Pay or Google Pay do not indicate any fraud or abuse. If fraud or abuse is suspected, the Order and payment may be refused.
By paying for the Order, the User declares and warrants that he/she has all legal rights to use the payment card and payment method provided by him/her.
The Operator informs the User that he/she has the possibility to correct any errors that may occur during the electronic recording of the data or to modify the data provided before pressing the “pay” button for the given Order.
By clicking on the “pay” button, the User expressly declares, accepts and acknowledges that he/she is placing an order with payment and that the Order cannot be modified after payment.
The User may no longer cancel or withdraw from the paid Order, subject to Section 29 (1) c-d) of Government Decree 45/2014 (II.26), according to which the User may not exercise the right of withdrawal in the following cases: c) in the case of goods that are not prefabricated, that have been produced on the User’s instructions or at the User’s express request, or in the case of goods that are clearly tailored to the User’s person; d) in the case of perishable goods or goods that retain their quality for a short period of time.
By clicking on the “pay” button, the User authorizes the Operator and the Restaurant to process the order. The Operator will process and charge the payment card involved in the Order. Upon successful payment and acceptance of the Order, the User acquires ownership of the Order.
After successful payment, the User will receive a confirmation message of the Order, which will include an order identification number.
After the successful payment, the User can download the electronic invoice related to the Order from the summary page. If the User wishes to download the invoice only later, he/she can also do so under Profile/My Orders.
After successful payment, the User will automatically be credited with Loyalty Points as set out in Section XIII.
Users should check the Order received to ensure that it does indeed contain the products ordered, in the quantities and composition ordered. If the User has a complaint about the quality, quantity or any other aspect of the Order, he or she may in the first instance contact the Restaurant concerned by the Order.
Users may submit their complaints to the Operator electronically at support@padthaiwokbar.com or by sending a letter by post to the address at Bíró utca 7, 1122 Budapest, Hungary. The Operator does not receive or handle complaints and objections by telephone.
In response to written feedback, the Operator shall immediately investigate and, if possible, immediately remedy the problem requiring immediate resolution, but in the case of more complex questions or requests, the response shall be provided within 30 days of receipt at the latest.
If the User’s complaint is rejected in whole or in part, or if the time limit set above for the investigation of the complaint has expired without result, the User may turn to the competent authorities of the User’s place of residence:
https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag
https://www.bekeltetes.hu/index.php?id=testuletek
The User has the right to take legal action in the event of a dispute regarding the complaint.
The User is entitled to make a report or complaint at any time through the contact points of the Operator indicated in Section I of these GTC, if he/she discovers illegal content during the use of the Application. The Operator shall handle the report or complaint in accordance with the provisions of this Chapter. The Operator may temporarily suspend the possibility of reporting or refuse to investigate a report of content that the User considers to be unlawful or contrary to or in breach of the GTC or the Operator’s internal rules on content moderation.
The Operator is entitled to refuse to investigate a notification made by the User, in particular in cases where the User has already submitted a notification with the same content and the notification has already been investigated by the Operator, or the notification is clearly abusive or fictitious, or is manifestly not made in good faith (for example, the notification does not relate to the content as such, but to the publisher of the content), or the notification lacks a basic statement of reasons or facts supporting the notification which show why the content is illegal or in breach of the GTC and the Operator’s other policies on content moderation.
If you believe that your account has been incorrectly or unauthorisedly debited, you should contact your bank immediately and update your password.
The WOKSTAR loyalty program is a points-based loyalty program, the essence of which is that Users can earn Loyalty Points by shopping in the Application or at Padthai Restaurants and redeem them when placing an Order.
In any case, the collection and use of Points in the Application is only possible if the User is logged in to his/her User Account.
Each registered User’s QR Code associated with their User Account is a uniquely generated and constantly changing barcode, which can be retrieved by clicking on the QR Code icon in the Application and identifies the User by a different two-dimensional barcode each time it is retrieved.
The User’s Loyalty Points are automatically credited to the User’s User Account after the Orders are placed.
Users can also earn Loyalty Points for orders placed outside the Application. It is important to note that in this case, the User will still need to log in to the Application to retrieve the unique QR code. User can do this in two ways:
The User can find out the number of Loyalty Points involved for each product by selecting the relevant product in the Application.
1 Loyalty Point is equivalent to 15 HUF. The User is entitled to redeem a minimum of 75 Loyalty Points. After registration, the User will automatically be credited with 70 Loyalty Points.
The Operator reserves the right to modify the number of products and Loyalty Points awarded for each Registration, the structure of the points system and the redemption of points at any time without prior notice.
The Operator stipulates that the User’s unused Points shall be automatically cancelled at 0:00 on 25 January of each year (hereinafter referred to as “Automatic Cancellation”), with the period of time for which the Points may be used being not less than 4 months (i.e. if the User has registered his/her User Account within the 4 months preceding the current Automatic Cancellation, the Points earned and not used by him/her shall be reset to zero only in the year following the current Automatic Cancellation).
The Operator confirms that the User shall not be liable for any Loyalty Points lost due to the malfunction of the Application, and the User shall not be entitled to any credit or other compensation for any Loyalty Points lost as a result thereof.
You acknowledge that you may redeem Loyalty Points credited to your User Account by placing orders through the Application at the Restaurant’s cashier and kiosks in accordance with the provisions of Clauses X.16 – 18 of these GTC.
The Operator informs the User that, in the case of Restaurants where there is no or temporarily no internet service, the redemption of Loyalty Points cannot be validated by means of Orders placed at the cashier or in the kiosks.
The Operator shall be entitled to take away the Points at any time if the Order has been returned for any reason and the purchase price has been refunded to the User in whole or in part. The same shall apply to the exchange of Products, unless they are exchanged for Products of the same Points Value.
In the event of a complaint regarding Loyalty Points, the User may request an investigation of the case, together with the receipt/electronic invoice, by sending an e-mail to support@padthaiwokbar.com. The complaint will be handled by the Operator. Details are available in the Privacy Policy.
The Operator shall be entitled to take any action it deems appropriate, including the removal or suspension of the User Account and the Points collected, if it detects any suspicious activity involving the User’s User Account. Suspicious activity and its conditions shall be determined and applied by the Operator itself. Suspicious activity may include in particular the following:
The Operator and the Restaurants reserve the right not to give or receive Points if they have reason to believe that the User has abused the Application or the Points.
Upon deletion of a User Account, all Loyalty Points are immediately and irrevocably deleted.
The Operator declares that it respects the personal data of the Users and takes care of their protection. By using the Application, the User acknowledges its use in accordance with these GTC and the Privacy Policy. The User can view the detailed information on the processing of his/her personal data in the “Documents” / “Privacy Policy” section of the “Profile” menu.
In matters not covered by these Terms of Use, the provisions of the Hungarian legislation in force, in particular, but not exclusively, Act V of 2013 on the Civil Code, Act LXXVI of 1999 on copyright and Act CVIII of 2001 on certain issues of electronic commerce services and information society services, shall apply.
17 December 2024.
R.T.B. Restaurant Ltd.