Dear customer,

In order to use the Popeyes Romania site, www.popeyesromania.ro and/or the Popeyes WebApp available at order.popeyesromania.ro, and our Mobile App you must read carefully and agree to these Terms and Conditions of Use.

www.popeyesromania.ro is our presentation site. Here you can find our latest offers, products and restaurants. Our services are available on the WebApp and the Mobile Application.

1. OVERVIEW AND LEGAL ASPECTS

1.1. These Terms and Conditions of use form the contractual basis between REX CONCEPTS PLK ROMANIA S.R.L (hereinafter, “Popeyes”) and the customer for the use of the Site and the applications (as defined below) as well as for any associated services. If you do not agree or accept, without limitation or qualification, the Terms and Conditions of Use of the Site and/or the Apps, please leave the Site or do not use the Apps.

1.2. REX CONCEPTS PLK ROMANIA S.R.L. , headquartered in Bucureşti Sectorul 2, Street TUDOR ARGHEZI, Nr. 21, Office nr. 201 , registered at the Trade Register Office attached to the Bucureşti Tribunal under no. J40/17618/2023, having a unique registration code 44848887 is the franchisee of the Popeyes Brand in Romania and the owner of the Site and Apps.

1.3. These Terms and Conditions of use are applicable to natural persons over 16 years of age or legal persons who access the Site and/or the Apps and use our services.

1.4. Orders and Services are available on our Web App available at order.popeyesromania.ro and via the Mobile App Popeyes (hereinafter referred together as "the Application" or “App”). The mobile version of the App is available on Google Play Store or App Store. Orders and Services can be available also on one of our «self-order kiosks». Through our App, you can also collect points that you can redeem for rewards as described in Section 7 below. Popeyes can also send you coupons, which we generate and which we send to you, for example, as push notifications. You can redeem these coupons on the customer App. Popeyes provides these services exclusively based on these Terms and Conditions of use.

1.5. The Popeyes Application is an order and payment service for the food, drinks, and other services available from Popeyes.

1.6. Each contracting party may, at its own discretion and without liability, terminate the contract described in these terms of use and all related services at any time without notice. In this case, Popeyes can indicate the service or services and respectively restrict, suspend all or part of the services (including the availability of any data, databases, or content) or access to the service or refuse all or part of the services and block or delete all or part of the associated data, especially your user account and data. Popeyes will announce this by notifying you on the Application.

1.7. Popeyes can also change the version of these Terms and Conditions or the service, or version of the Application and ask you to confirm the acceptance of the new Terms and Conditions or the new services provided with a confirmation on our site or in the app. In this case, you can only continue to use the service or the application if you agree to the changes. As this is a standardized offer, we cannot consider process changes that you are willing to make. If you propose changes to the Terms and Conditions of use yourself, they will in no case come into force without our prior written and proper confirmation from Popeyes.

1.8.  We rely on various service providers to offer the goods and services but the collection and processing of personal data in connection with the service is carried out in accordance with our Privacy Policy.

2. SERVICES PROVIDED THROUGH THE APPLICATION

2.1 You can download the mobile app through Google Play Store and App Store. The Web app is available at order.popeyesromania.ro. Through the App, you are given the opportunity to view Popeyes restaurant menu information or other information in our restaurants available in the App. Via the Application you can place orders for meals, drinks or other consumption in the selected restaurant and pay for it. You can opt for Take-Out or Dine-In. In certain restaurants, the Application may also give you the option of paying for orders that you have placed with the service staff. In addition, restaurants can enable you to place and pay for orders for home deliveries using the Application (Except the application on a self-ordering kiosk).

2.2 The Application can therefore enable you to search and order meals and drinks in a selected restaurant. Your order triggers a process in the participating restaurant, which the participating restaurant, Popeyes and its service provider MENU accordingly, using your personal data (name, e-mail address and telephone number, and if the case may be, localization and delivery address), to perform the services requested and to prepare and deliver the order placed, for Take-Out or Dine-In.

2.3. When your order is ready to be picked up at the counter, you will be informed either via a push message (for orders placed via the Mobile Application) or via SMS message (for orders placed via the Web App). If the restaurant you are visiting works with guest localization, your table number or your location in the participating restaurant will be able to be determined by means of table number entry (on the Application). To receive push messages, you must have push messages activated on your smartphone and to enable the determination of your location through the Bluetooth function. Furthermore, you must give the Application permission to determine your location. For orders that you place through the self-order kiosk, your order number is displayed on a screen in the restaurant. Your location can also be determined by entering a number into the screen in the restaurant. By using the functions above, you authorize Popeyes to disclose and process your orders, personal data and in particular your location data to employees of selected restaurants.

2.4. Popeyes offers a complete service for you to be able to place your order in Popeyes restaurants. All brokering and billing services provided to you by Popeyes via the Application as well as other services rendered, are hereinafter referred to as the "Service".

2.5. The service is only offered for your private, non-commercial use. Popeyes is the platform operator of the Application and obtains your personal data, meaning telephone number and email address, and can use them for direct marketing purposes, only with your consent.

2.6. The Popeyes restaurants which operate the Popeyes platform can only view their order and payment details. As a service provider, MENU provides the payment service for the application Popeyes and can view your personal data. MENU provides Popeyes within the application platform with functions and integrations that enable Popeyes to communicate with you in a personalized form and to provide you with relevant information at the appropriate time.

2.7. There is no obligation for you to use the service; Popeyes is also not obliged to offer you the service or to provide the service successfully (to place orders or settle payments).

2.8. The Application serves as a platform to present the offer of Popeyes restaurants and to enable you to place orders and make payments from your smartphone, via the Application or via an Application on a self-ordering kiosk in the restaurant.

3. USER ACCOUNT

3.1 In order for you to be able to use the service or the Application, in particular to place an order on the Application provided by Popeyes restaurants, you must first log in and create a user account. This is possible in the Popeyes application to be downloaded to your mobile phone (smartphone) or via web at www.popeyesromania.ro, but not on the «self-order kiosks ». When registering, you provide Popeyes and therefore its service provider personal data meaning email, name and your credit card details (the credit card details will not be saved by Popeyes or MENU). After successfully registering with Popeyes, you will receive a personal user account from Popeyes, which you can access with a password of your choice. At the same time, for a better understanding of your preferences, we may ask you to provide us with more information, such as your age, genre or place of residence.

3.2 User accounts are available to clearly identified natural persons. Popeyes stores your data in your user account. The user account combines information about you so that you and we can better understand and manage your rights and obligations as a user of Popeyes.

3.3 A user account is not transferable.

3.4 When you create your account, you guarantee that the information you provide to Popeyes is correct, complete, and current and you confirm that Popeyes does not have control over this data, thus being your own responsibility. You must truthfully provide your own name and, if necessary, a billing address for billing purposes.

3.5 You are required to keep your user information correct, complete and up to date always. Please use the update functions in your user account to update any changes. If your data is no longer correct, complete and up-to-date, and consequently communication with you (and in particular making payments) is no longer be possible due to outdated, incorrect or incomplete contact information or for other reasons (especially if the payment method is invalid or has expired), we may no longer be able to offer you a smooth processing of the service on the Application and it may be that you no longer have access to the service or can no longer use it or that Popeyes cancels, suspends or discontinues it.

3.6 You are responsible for all activities on your user account, and you are obliged to always keep your username and password safe and confidential.

3.7 Popeyes is at any time entitled to check the information you provide and to refuse service or the use of the Application without stating any reason.

4. CANCELLATION OF YOUR USER ACCOUNT

4.1 We reserve the right to cancel and delete your user account at any time, especially if we can no longer reach you via the email address specified in the user account.

5. USE OF THE SERVICE

5.1 In order to use the service or Application and create a user account, you must be 16 years or older. You confirm that you are a capable individual to act, so that you can conclude a binding contract. By checking the appropriate section of the Application, the User confirms that he is 16 years old. If you are under the age of 16, you should not use the Application. We may ask you for proof that you have reached the age of 16 and in case of suspicion, we reserve the right to close such an account.

If you are between the ages of 16 and 18 and your legal representative does not agree to the Terms and Conditions of the Application, you should stop using it and ask Popeyes to delete the account you created. You can request deletion of your account at any time by sending an e-mail to GDPR@sterlingglobal.ro Please include in the message the e-mail address of the account you wish to delete.

5.2 In particular, you commit yourself as follows:

You will only use the service and application for private, non-commercial purposes and will not pass it on to third parties;
You will not allow third parties to use your user account;
You will not assign, transfer or otherwise make your user account available to another person;
You will not use a third-party user account;
You will comply with all applicable laws when you use the service or application, and you will only use the service and application for lawful purposes;
You will not use the service or application to cause trouble or inconvenience for the company or third-parties;
You will not interfere with the correct operation of the network;
You will not try to damage, impair or deteriorate the service or the applications in any way;
You will keep the password for your user account or any identification method that we provide to gain access to the service and the applications secure and confidential;
In case of doubt of identity, you will provide us with proof of your identity that we request from you (this proof being only processed in this purpose);
You will not use the service or the Applications with a non-compatible or non-approved device.

5.3 Popeyes reserves the right to immediately terminate the service and use of the Application if you do not meet all of the obligations set out above.

5.4 You are responsible for the proper installation and functioning of the Application on your devices and the data network access required to be able to use the service and the Application, as well as any costs that may arise from the use of the service and Applications. While accessing and/or using the service and Application, data and connection fees and charges, e.g. from your mobile network provider, may be incurred, and you are solely responsible for paying them.

5.5 You are responsible for the procurement and updating of compatible hardware and devices, which are necessary for access to the service and the Application as well as for installing the updates for a proper use. Popeyes does not guarantee that the service, the Application, or parts of it will work on any hardware or device. In addition, malfunctions and delays can occur in the services and the Application, which are caused using the Internet and electronic communication means but are not in our control.

5.6 It is also your responsibility to check and ensure that you always have downloaded the updated Application for your device. This is particularly important when newer versions of the Application are published. It is not mandatory for Popeyes to maintain older versions or to ensure in any way that such older versions continue to work or are otherwise error-free. You should always update to the latest version of the mobile application, especially to be able to use new functions.

5.7 Popeyes is not liable if you do not have a working data network access or a compatible mobile device or if you have an outdated Application version to your mobile device. Popeyes particularly reserves the right to cancel the service or cancel the availability of the applications if you use the service or the Application with an incompatible or impermissible device.

6. PAYMENT

6.1 You are aware that costs will arise through the acceptance of any offerings of the Popeyes restaurants by using the service or the application.

6.2 The prices for the offerings of restaurants (e.g. meals, drinks) can usually be found in the Application. These are determined and made available by the Popeyes restaurants and are changed and updated from time to time. It is your own responsibility to find out about the current prices of the corresponding offers from our restaurants.

6.3 Popeyes will charge you for meals, drinks or other goods available in the restaurant through the service or application. Payment is processed via the Payment Processor that is connected to Popeyes Applications and MENU. The Payment Processor will settle your payment with the Popeyes restaurant. The payments you make via the service or Application will be treated as if you made them directly to the selected restaurant. All prices are payable immediately.

6.4 You agree that you will pay for all meals, drinks and other goods (including any taxes and late fees, if any, that are associated with your account) that you order from one of our restaurants and that Popeyes through the Payment Processor will charge your debit/credit card or other payment method you specified when you registered with the service or the Application. You are responsible for the provision of a valid debit/credit card or other payment method and the timely payment of all costs to Popeyes.

6.5 Popeyes uses an external payment processor (the "Payment Processor") via MENU to connect your debit/credit card to the Application and service. The processing of payments in connection with your use of the Application and the service is subject to the Terms and Conditions and the Privacy Policy of the Payment Processor and your credit card issuer in addition to these Terms and Conditions of use. Popeyes is not responsible for any errors made by the payment processor or the credit card issuer. In connection with your use of the services, Popeyes obtains certain transaction details, which Popeyes will only use in accordance with its Privacy Policy.

7. COLLECTION AND REDEEMING OF POINTS

7.1 You can collect points by placing orders and possibly also using the Application for other purposes. The number of points granted in each case is described in the Application and in the Terms and Conditions of the relevant promotions.  Popeyes reserves the right to choose which products or services can be used to collect points. Home delivery orders do not generate points. To gain points, you must be logged in to the Application with your user account at the time of ordering or other use of the Application. It is not possible to gain points otherwise.

7.2 If a contract or order for which you have received points does not materialize, or if the contract is subsequently rolled-back (e.g., through withdrawal, cancellation of contract, contestation, etc.), Popeyes reserves the right to also cancel the granted points.

7.3 Popeyes will administer the points you have collected to a points account managed for you. The maximum possible point balance in the points account managed for you is currently 15.000. This maximum score cannot be exceeded, and you cannot collect more points, until their use, totally or partially. Points are collected based on the value of your order. For example, for 1 RON spent, you will receive 10 points (1 point for 0.10 RON).You can call up your current balance at any time in your profile. In addition, Popeyes notify you about your current score. Objections to the correctness or completeness of a notified balance must be made in writing or in text form (e.g., by email) within one month of receiving the notification. Failure to make timely assertion is considered approval of the notified score. You can request correction of the reported balance even after this approval, but in this case, you must prove the incorrectness or incompleteness.

7.4 You can redeem your points for rewards or other shopping benefits. A prerequisite is the availability of the selected bonuses or advantages. The available bonuses and/or purchasing advantages and the number of points required for each are announced in the application. Points redeemed at the time of redemption are counted first. It is not possible to pay out points in the form of cash.

7.5 After closing your account, you can no longer collect new points and you may not be able to redeem existing points in your points account.

7.6 The transfer of points to third parties is not possible.

8. LICENSE AND RESTRICTIONS

8.1 If you fully comply with these terms of use, Popeyes grants you a restricted, non-exclusive, non-sublicensable, revocable and non-transferable sublicense to: (i) access the application and use it on your own device in connection with the use of the service; and (ii) access all content, information and associated materials made available via the application and to use them privately and non-commercially. MENU and the licensors of MENU reserve all rights not expressly granted herein.

8.2 You are not permitted to: (i) remove references to copyrights, trademarks or other property rights from the application; (ii) reproduce, modify, create, distribute, license, rent, sell, resell, transfer, transmit, make public or otherwise use the applications without the express consent of Popeyes to stream, broadcast or otherwise exploit; (iii) to decompile, reverse engineer or disassemble the application, unless and to the extent permitted by law; (iv) to link, frame or mirror a part of the application; (v) to develop or install programs or scripts with the aim of scraping, indexing, surveying or other data mining or to unduly restrict or hinder the operation or function of aspects of the applications; or (vi) attempt to gain or interfere with unauthorized access to any part of the applications and the systems or networks connected to it.

8.3 The service and the Applications as well as all rights to it exclusively belong to Popeyes or the licensors of Popeyes.

8.4 Neither these Terms and Conditions of Use nor the use of the Service grant you any rights: (i) to or in relation to the Service or Application, except for the limited license granted above; (ii) to the use of or reference to Popeyes company names, logos, brands, other trademarks, or those of Popeyes licensors.

8.5 The service or Application can be made accessible or used in connection with services and/or content from third parties (including advertising). You acknowledge that for their services, third parties terms of use and privacy policies may apply. Popeyes is not responsible or liable for any goods, services, or content from third parties.

9. USER CONTENT

9.1 Popeyes may, at its sole discretion, allow you to submit, upload, publish, or upload text, audio and / or image content and information from time to time, to be available through the applications for Popeyes. In this respect, Popeyes will allow users to make, such as comments and feedback on the hospitality services, meals and drinks or other menu offers or services, the service, support requests and the submission of contributions ("user content"). As a matter of principle, you remain the owner of all user content submitted or otherwise made available.

9.2. You ensure and are responsible that: (i) you are either the sole and exclusive owner of all user content or have all the rights, licenses, consents and approvals required to provide user content under the above license to Popeyes; and (ii) neither the user content nor its transmission, uploading, publication or other disclosure, nor the use of the user content by Popeyes  violates the rights of third parties in intellectual property or other rights of third parties, publication rights or personal or data protection rights of third parties or disregard or violate applicable laws or regulations.

9.3. You agree not to post, transmit, upload, communicate, publish, or make available any user content that is offensive, defamatory, violent, obscene, pornographic, otherwise objectionable, or unlawful. Popeyes will evaluate the content, at its own discretion; this is irrespective of whether the user content is protected by law or not. Popeyes has the right, without notice to you, to review, monitor and remove user content at its sole discretion. However, there is no obligation to check, monitor or remove user content.

10. INDEMNIFICATION

10.1 You undertake to indemnify and hold Popeyes, its subsidiaries, Popeyes Franchisee, licensors as well as managing directors, employees and contractors harmless against all claims, costs, damages, losses, liability claims (including attorney fees and costs) arising out of or in connection with your violation of any provision of these Terms and Conditions of use or any applicable legal provisions, your violation of third party rights, including the Popeyes restaurants, or otherwise from or in connection with your Use of the service and/or the application result.

11. DISCLAIMER AND WARRANTY

11.1 Any guarantee of Popeyes, for the service and the Applications, is hereby excluded. Popeyes makes no assurances regarding the Applications and the service and makes no guarantee in this regard and gives no guarantee.

11.2 The service is provided to "AS IS" and "AS AVAILABLE".

11.3 In particular, Popeyes cannot guarantee that the website, its content, the service and / or the Applications are free of errors, defects, malware and viruses or that the website and / or the Applications are correct, updated and error-free.

11.5 Furthermore, Popeyes makes no representations and gives no guarantee that the service will not be interrupted or is otherwise error-free, and offers no guarantee regarding the reliability, quality, suitability or availability of the service and the Application or other services in connection with the Service and the Application. Temporary interruptions or errors can arise and the service or the Application may be subject to restrictions, malfunctions, delays, or other problems.

12. DISCLAIMER AND LIMITATIONS OF LIABILITY

12.1 Popeyes is only liable for damage caused by deliberate intent or gross negligence.

12.2 Popeyes is in particular not liable for any damage resulting from the use (or inability to use) of the website or the application or the service, including damages caused by malware, viruses or any errors or incompleteness of the information or the website or application damage.

12.3 Popeyes is not liable for damage or claims for damages by third parties.

12.4 These disclaimers and limitations also apply to Popeyes 's assistants, representatives and deputies.

13. APPLICABLE LAW AND OTHER PROVISIONS

13.1 These terms of use are subject to Romanian law, to the exclusion of any references to other legal systems.

13.2 Should provisions of these terms of use or the contract become invalid or ineffective, the effectiveness of the other provisions and the terms of use of the contract will be otherwise not affected. To the extent permitted by law, the void or ineffective provisions will be replaced by provisions that come as close as possible to their economic purpose.

13.3 You may not transfer your rights and obligations from these terms of use to a third party without the prior written consent of Popeyes.

13.4 Popeyes can send you information about the Service or the Application, updates and exclusive offers by notification or by email sent to your email address stored in the user Popeyes account Popeyes, under the terms of the Privacy Policy.

13.5 The user confirms that he/she has read and accepted these Terms and Conditions. Use of the Application and/or the site by the User implies the unconditional acceptance of these Terms and Conditions.

13.6 If you do not agree to these Terms and Conditions, please do not use the site and the Application.