This is a translation for convenience. If it differs from the Romanian version, the Romanian version prevails.
1. General information
The website www.qbar.ro and the QBar software platform are operated by MLB DIGITAL COMMERCE SRL, a company registered in Romania, with the following identification details:
- Name: MLB DIGITAL COMMERCE SRL
- Tax ID (CUI): 50914870
- Trade Register no.: J2024042745004
- Registered office: Calea Moșilor nr. 88, Sector 3, Bucharest, Romania
- Email: hello@qbar.ro
- Website: https://www.qbar.ro
In this document, “QBar” or “the Provider” means the company that operates the platform, and “the Customer” means the legal entity or professional that contracts the QBar services.
2. Scope
These terms govern access to the website and the use of the QBar services by business customers, to the extent they are accepted at registration or as part of the contractual relationship.
QBar is intended mainly for businesses in the HoReCa industry: restaurants, cafés, bars, pubs, food trucks, hotels and other food service venues.
If an individual contract signed between the Provider and the Customer exists, the provisions of that contract and its annexes prevail in case of conflict.
End customers who open a menu through a QR code do not automatically become customers of a QBar subscription. The commercial relationship for the food and services ordered is between them and the operator of the venue.
3. Description of the services
QBar is a SaaS (Software as a Service) platform, available over the internet, that digitises and manages certain operational processes in HoReCa venues.
Depending on the chosen subscription and the activated modules, the platform may include:
- A digital menu available through a QR code;
- Placing and tracking orders by guests;
- An interface for waiters (Waiter View);
- A kitchen and bar order display system (KDS);
- A management panel for managers;
- Management of tables, menus, products and staff;
- Operational reports;
- Integrations with payment processors and other third-party services.
The available features are those provided by the active subscription and the associated documentation.
Features presented as “coming soon”, “planned” or “in development” are not part of the guaranteed services unless expressly included in a separate contractual agreement.
4. Creating and managing the account
The Customer must provide real, complete and up-to-date information during registration.
The person who creates the account on behalf of a company declares that they are authorised to represent the company or to manage the contracted services.
The Customer is responsible for:
- Managing the accounts and the access rights granted to staff;
- Keeping credentials confidential;
- Disabling access for people who are no longer authorised;
- Using the platform in accordance with applicable law.
Any unauthorised access or security incident noticed must be reported to the Provider without undue delay.
5. Subscriptions and invoicing
The QBar platform may be offered through free plans, trial periods and monthly or annual commercial subscriptions.
Prices, usage limits, number of locations, features and billing frequency are those presented and accepted when the service is contracted.
Individual offers and commercial contracts prevail over the general price information shown on the website.
Recurring subscriptions renew under the conditions communicated and accepted before contracting. The Customer may ask to stop renewal through the features available in the account or by contacting the Provider.
Stopping renewal does not cancel payment obligations that have already fallen due.
Price changes applicable to future periods will be communicated in good time, as provided by the applicable contract. For a subscription with a fixed price for a set period, the price does not change during that period without a corresponding contractual or legal basis.
Invoices are issued in accordance with the tax legislation applicable in Romania.
6. Responsibilities of HoReCa operators
The Customer is responsible for the commercial activity carried out at their venue.
The Customer must keep the information entered in the platform correct and up to date, including:
- Product names and descriptions;
- Prices and availability;
- Ingredients, allergens and mandatory nutritional information;
- Applicable taxes;
- Opening hours;
- The venue’s identification and contact details.
The Customer is responsible for accepting, preparing, serving and delivering orders, and for issuing the fiscal documents required by law.
QBar provides the technical infrastructure for managing and transmitting information and does not become the seller of the food or services offered by the Customer.
This division does not exclude the Provider’s liability for its own contractual or legal breaches.
7. Payments and external integrations
If online payments are activated, transactions may be processed through Stripe Connect or other payment service providers communicated to the Customer.
Depending on the integration model, amounts paid by end consumers are processed into the merchant’s account, under the payment provider’s conditions.
The Customer remains responsible for tax obligations, supporting documents and handling refund requests related to their own products and services.
Any fees of the payment processor are communicated through the terms applicable to that service.
The Provider is responsible for the operation of its own components of the integration under the contract and applicable law.
8. Availability of the service
QBar makes reasonable efforts to ensure the continuity, security and proper operation of the platform.
Availability may be affected by maintenance, updates, technical incidents, internet outages or the unavailability of third-party providers.
Any guarantee regarding availability, response times or related remedies is set by the service level agreement (SLA), if one is included in the contract.
The Customer is advised to keep alternative procedures for taking orders and collecting payment for situations of unavailability.
9. Intellectual property
The QBar platform, its source code, graphics, trademarks, documentation and other software components are protected under intellectual property law.
The Customer receives a limited, non-exclusive and non-transferable right to use the service for the duration of the active subscription.
The Customer keeps their rights over the menus, photographs, logos and other own materials uploaded to the platform.
By uploading them, the Customer grants the Provider the right to store, process and display them only to the extent necessary to provide the contracted services.
10. Personal data and confidentiality
Personal data is processed in accordance with Regulation (EU) 2016/679 (GDPR) and applicable law.
Details on the categories of data, the purposes of processing, the rights of data subjects and the recipients of data are described in the Privacy Policy.
For operations in which the Provider processes personal data on behalf of the Customer, the relationship between the parties must be governed by a data processing agreement (DPA), under Article 28 GDPR.
11. Suspension and termination of the services
The Provider may suspend access to certain features in case of non-payment, abusive use, serious contractual breaches or security risks, respecting the contractual conditions and the principle of proportionality.
Where possible, the Customer will be notified and given the opportunity to remedy before suspension, except in situations that require immediate action.
When the contract ends, the return, export and deletion of data are carried out in accordance with the contract, the DPA and legal retention obligations.
12. Liability of the parties
Each party is liable for damage caused by breach of the legal or contractual obligations attributable to it.
Limits of liability, if agreed, are those in the applicable commercial contract and cannot exclude liability in situations where the law forbids such a limitation.
QBar does not guarantee a particular level of sales growth, productivity or profitability, as results also depend on the Customer’s organisation and activity.
13. Changes to the terms
The Provider may update these terms to reflect legislative, technical or commercial changes.
Material changes that affect ongoing contracts are communicated to Customers through the available channels and take effect only under the conditions of the law and of the applicable contract.
14. Governing law and dispute resolution
Romanian law applies to these terms.
The parties will try to settle any disagreements amicably. Failing an agreement, disputes will be settled by the courts competent under the law.
15. Contact
For information about these terms:
MLB DIGITAL COMMERCE SRL
Email: hello@qbar.ro
Website: https://www.qbar.ro