1. What this document is
1.1. These Terms of Use ("Terms") apply to the guest-facing digital menu, ordering, reservation and payment pages powered by TableMind (the "Service") that you access by scanning a QR code or opening a link of a specific restaurant, café or other venue (the "Restaurant").
1.2. The Service is operated by SM-NEXA spółka z ograniczoną odpowiedzialnością (SM-NEXA sp. z o.o.) with its registered office in Warsaw, Poland, at ul. Kolejowa 9 lok. 121, 01-217 Warsaw, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0001245922, NIP (tax ID) 5273221990, REGON 544940265, share capital of PLN 5,000 ("TableMind", "we"). Contact: support@table-mind.com. Use of the Service by guests is free of charge; you only pay for the food, drinks and services you order from the Restaurant.
2. Our role – please read this first
2.1. TableMind provides the technology only. The seller of the food, drinks and services presented in the menu is the Restaurant, whose identity and contact details are shown on the menu page. Every order you place through the Service results in a contract concluded directly between you and the Restaurant. TableMind is not a party to that contract, does not prepare or deliver food and does not set menu content or prices.
3. Using the Service
3.1. No account, registration or app download is required. To use the Service you need a device with an up-to-date web browser and internet access. Cookies necessary for the operation of the Service (e.g. keeping your basket) must be enabled.
3.2. You may not use the Service unlawfully, disrupt its operation, or submit unlawful content (see Section 8). We may temporarily restrict the Service for maintenance or security reasons.
3.3. Within the meaning of the Polish Act of 18 July 2002 on Providing Services by Electronic Means, TableMind provides the following services by electronic means: displaying the Restaurant’s menu, transmitting your order and reservation requests to the Restaurant, and enabling payment initiation. You may stop using these services at any time by closing the page.
4. Orders
4.1. When you place an order, the Service transmits it to the Restaurant. Your order constitutes an offer to purchase the selected items. The contract with the Restaurant is concluded when the Restaurant accepts the order (for example by confirming it in the system or starting its preparation); you will normally see an on-screen confirmation or status.
4.2. Prices, portions, availability, allergen information, delivery zones and fees, minimum order values and preparation times are determined solely by the Restaurant, which is responsible for their accuracy. All prices shown include VAT. The total price, including any delivery or service charges applied by the Restaurant, is shown before you confirm the order.
4.3. If an item is unavailable or an obvious pricing error occurs, the Restaurant may contact you to amend or cancel the affected part of the order; in the case of cancellation any payment made for that part will be refunded.
5. Payments
5.1. Online and at-the-table payments are processed by Stripe, a licensed payment services provider, on behalf of the Restaurant. Available payment methods (e.g. payment card, BLIK, Apple Pay, Google Pay) are shown at checkout and may vary by Restaurant. Payment may also be possible directly at the venue, if offered by the Restaurant.
5.2. TableMind does not receive your funds and does not store full payment-card numbers; card data is collected directly by Stripe in accordance with its terms and privacy policy. The fiscal receipt or invoice for your purchase is issued by the Restaurant.
5.3. Refunds for cancelled or unfulfilled orders are made by the Restaurant to the payment method used, through Stripe.
6. Right of withdrawal – statutory exceptions
6.1. Under Article 38(1)(4) and (12) of the Polish Act of 30 May 2014 on Consumer Rights, the statutory 14-day right of withdrawal from a distance contract does not apply to goods which deteriorate rapidly or have a short shelf life (such as freshly prepared meals and drinks) or to catering services provided for a specific date or period. This means that, as a rule, you cannot "return" a meal ordered through the Service once it has been prepared.
6.2. This does not affect your statutory rights in the case of non-conformity of the goods or services with the contract – see Section 7.
7. Complaints
7.1. Complaints regarding the food, drinks, delivery, reservations or any other aspect of the Restaurant’s performance should be addressed to the Restaurant, whose contact details are shown on the menu page. Statutory consumer rights, including remedies for non-conformity with the contract under the Act on Consumer Rights, are exercised against the Restaurant, which should respond to a consumer complaint within 14 days.
7.2. Complaints regarding the technical operation of the Service itself (e.g. the page or payment interface not working properly) may be addressed to TableMind at support@table-mind.com. Please describe the problem, the Restaurant and the approximate time of the issue. We will respond within 14 days.
7.3. A consumer may also use out-of-court complaint and redress mechanisms, including mediation by the Trade Inspection (Inspekcja Handlowa) or the assistance of municipal or district consumer ombudsmen. Details are available at uokik.gov.pl.
8. Reviews and user content
8.1. Where the Restaurant enables reviews or feedback through the Service, you may only submit content that is truthful, based on your genuine experience and lawful. It is prohibited to submit content that is unlawful, defamatory, offensive, infringing third-party rights (including personal data or intellectual property of others), or constituting spam or advertising.
8.2. Unlawful content may be reported to legal@table-mind.com. A report should include: an explanation of why you consider the content unlawful, the exact location of the content (e.g. link or screenshot), your name and email address, and a statement that the report is made in good faith. We will handle reports diligently and without undue delay and may remove or disable access to content that is unlawful or breaches these Terms; the Restaurant may additionally moderate reviews concerning it.
9. Personal data
9.1. The controller of personal data processed in connection with your order, reservation or participation in a loyalty programme is the Restaurant; TableMind processes this data on the Restaurant’s behalf as its processor. Payment data is processed by Stripe as described in the Stripe Privacy Policy.
9.2. Information about processing carried out by TableMind as a controller (e.g. technical logs, support correspondence) and further details for Guests are set out in the TableMind Privacy Policy available at table-mind.com/legal/privacy. Requests concerning your order data are best addressed to the Restaurant; if you send them to privacy@table-mind.com, we will forward them to the Restaurant without undue delay.
10. Liability
10.1. TableMind is responsible for providing the Service with due care, but – as a technology provider – is not responsible for the Restaurant’s products and services, menu content, prices, order fulfilment, or the Restaurant’s compliance with food-law obligations.
10.2. Nothing in these Terms excludes or limits any rights that consumers have under mandatory provisions of law, or liability for damage caused intentionally or for death or personal injury.
11. Changes to these Terms
11.1. We may amend these Terms for valid reasons (changes in law, changes to the Service, security). The current version is always available via the menu page. Amendments apply to orders placed after their publication.
12. Governing law
12.1. These Terms are governed by Polish law. If you are a consumer habitually resident in another country of the European Union, you also retain the protection of the mandatory consumer-law provisions of that country.