Gustix Provider Online Registration Terms
1. Parties and scope
1.1 These terms are a contract between SMARTEDTECH SL, B66970831, Carrer Agricultura, 16, 1º, 9ª, 08320 El Masnou, Barcelona, Spain (the Operator) and the restaurant business that registers on Gustix (the Provider). Contact: legal@gustix.net.
1.2 They govern the Provider's access to the Gustix provider console, the publication of its listing, menu and availability, and the receipt of reservation requests and orders from users. Commission, subscription, payout, exclusivity, integrations and any collection mandate are agreed only in the signed Operator and Provider Commercial Agreement (PRO-02) with its ENT-02 schedule; nothing in these terms creates a fee or a payout.
1.3 The person accepting these terms represents that they are the owner, administrator or authorised representative of the Provider (authority provider.owner). The Operator verifies that authority and the Provider's registration before the listing can be published (gate provider.publish).
2. Provider as food supplier
2.1 The Provider is the supplier of the meal, seat and service and the party to the reservation or order contract with the customer. The reservation or order is formed when the Provider confirms availability through the platform or by the method stated on its listing.
2.2 Cancellation, no-show and modification rules are those of the Provider shown on the listing at the time of booking; they apply instead of the statutory withdrawal right (C06.4). The Provider states them on its listing before any customer can confirm, and may not apply a rule not shown at booking.
2.3 Local taxes and service charges are shown separately and collected by the Provider unless the order summary states otherwise.
2.4 The Provider's allergen, accessibility and house rules information is provided by the Provider; the Operator transmits it without alteration.
2.5 The Provider controls and is responsible for its menu, prices, allergen information under Regulation (EU) No 1169/2011 and Spanish implementing rules, opening hours, capacity, acceptance of reservations and orders, preparation, hygiene, food-safety registration, tax treatment and fulfilment. The Provider updates its listing without delay when any of these change.
2.6 The Provider answers a customer's direct allergen or dietary query through the confirmation route shown on its listing before the customer commits, and records its answer on the order where the platform provides the control (FOOD-01).
3. Platform role
3.1 The Operator operates a platform that enables users to discover, contact, book, order from or contract with third-party providers. The Operator is not a party to any contract between a user and a provider unless expressly stated on the order summary.
3.2 The Operator does not hold, custody or escrow funds for a provider's receivable unless a signed collection mandate exists and the order summary identifies the Operator as payment collector.
3.3 Providers are independent businesses or professionals. They are not employees, agents or partners of the Operator, and the Operator does not supervise their work, licensing or compliance except as expressly described in the provider verification section.
3.4 Nothing in this clause limits the Operator's own obligations in relation to its platform service, its own subscriptions or its own data processing.
4. Provider warranties, verification and indemnity
4.1 The Provider represents and warrants on each day of the agreement that: it is validly established; it holds every licence, registration, insurance and qualification required by law to supply its services in each territory in which it offers them through the platform (including its food-business registration and, where applicable, its terrace or alcohol licence); the information in its listing is accurate, lawful and not misleading; it has the right to use every image, name, mark and content it uploads; and it complies with consumer, tax, health and safety, food-information, data protection and sector rules applicable to its supply.
4.2 The Provider will upload evidence of licence and insurance on onboarding and on each expiry, and authorises the Operator to verify it with the issuing body. The platform automatically suspends publishing when an uploaded licence expires until a renewal is uploaded.
4.3 The Provider indemnifies the Operator against all claims, fines, losses and reasonable costs arising from the Provider's supply to customers, its breach of this clause, its content, or its tax obligations.
4.4 The Operator may remove a listing, suspend an account or withhold payout where it reasonably believes a representation is untrue, a legal requirement is unmet, a customer complaint indicates a safety risk, or a notice of illegal content is received. The Provider may appeal under C11 (MKT-02).
4.5 Verification is an access control. The Operator shows the verification status badge derived from the registry (CA-03); it does not describe a Provider as "certified" or "accredited". A "Halal", "vegan", "gluten-free" or similar label on a listing is the Provider's own statement and is shown as such.
5. Listing, ranking and reviews
5.1 Listings are ordered by the main parameters stated on the listings page (for example relevance to the search, distance, availability, response time, verification status and user ratings). Paid placement, where offered, is labelled "Sponsored" and does not alter the stated organic parameters.
5.2 Each listing states whether the provider is a trader (business) or a private individual, so that users know whether consumer protection rules apply to the supply. Every Gustix Provider is a trader.
5.3 For providers, the ranking parameters, the effect of paid placement and the differentiated treatment of the Operator's own services (if any) are set out in the Marketplace and Ranking Transparency notice (MKT-01) in accordance with Regulation (EU) 2019/1150.
5.4 Reviews are published only after a verified outcome (completed order or booking) and are not edited for content; the Operator may remove reviews that breach C10.
5.5 The Provider does not solicit, buy, fabricate or manipulate reviews, availability or ranking signals.
6. Reservation and order handling
6.1 The Provider responds to a reservation request or order within the response window shown on its listing. A hold placed by the platform expires at the end of the disclosed hold period; expiry is shown to the customer as "expired", never as a success.
6.2 The Provider's acceptance in the console (or through a connected POS or booking integration named in PRO-02) is the event that forms the contract with the customer; the platform records it and sends the customer the durable confirmation.
6.3 If the Provider cannot honour an accepted reservation or order, it cancels in the console at once and refunds any deposit, prepayment or no-show guarantee in full within 14 days (CUS-02 2.7).
6.4 Complaints about the food or the service are the Provider's to resolve; the Operator forwards them within 2 business days and keeps them on the order record (C15).
7. Content and intellectual property
7.1 You retain ownership of content you upload. You grant the Operator a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, display, distribute and create derivative works of your content for the purpose of operating, promoting (listing content only) and improving the service, for the term of your account plus the period required for backup and legal retention.
7.2 You warrant that your content does not infringe third-party rights and is not unlawful.
7.3 The Operator may remove or restrict content that it reasonably believes is unlawful, infringes these terms or creates a risk to users, and will inform you of the reason and the review route.
7.4 All platform software, designs, models, trade marks and data compilations are owned by the Operator or its licensors. No licence is granted except as stated.
8. Data roles
8.1 Platform data. The Operator is the controller of personal data processed to operate the platform: account, identity verification, acceptance records, payments, security, support, communications and analytics.
8.2 Provider supply data. Where the Provider supplies services to a customer through the platform, the Provider is an independent controller of the data it needs for that supply (reservation, order and the dietary information given for the meal), and the Operator is a controller of the platform-level record of the transaction. Each party complies with its own obligations; neither acts for the other. The Provider uses customer dietary information only for the meal concerned and does not add customers to marketing lists without their separate consent.
8.3 Processor services. Where the Operator processes personal data on behalf of a business customer under the customer's instructions, the Data Processing Agreement (DAT-01) applies and governs; it is signed as part of the order.
8.4 Sharing between SET platforms. Personal data is not shared with any other platform operated by the Operator or its group unless the Provider enables the specific destination in its settings. Enabling one destination does not enable others, and the Provider may disable it at any time.
8.5 International transfers. Personal data is stored in the European Economic Area. Where a processor outside the EEA is used, the transfer is covered by Standard Contractual Clauses, listed in the subprocessor annex.
9. Suspension, termination and notice-and-action
9.1 The Provider may close its account at any time from the console; accepted reservations and orders are honoured or cancelled under clause 6.3 first, and records are kept under C16.
9.2 The Operator restricts, suspends or terminates a Provider only on the grounds in clause 4.4 or for breach of these terms, with a statement of reasons and the complaint route in MKT-02, and with 30 days' notice for termination except where the Operator is subject to a legal obligation, a repeated breach or a safety risk.
10. Changes to these terms
10.1 The Operator may amend these terms for legitimate reasons: changes in law, in the service, in security or fraud prevention, in the payment provider, or to clarify wording. The Operator notifies you of material changes by email and in-product at least 30 days before they take effect (immediately where required by law or security). Where Regulation (EU) 2019/1150 requires a 15-day minimum, the 30-day period satisfies it.
10.2 If you do not accept a material change, you may terminate before it takes effect and receive a pro-rata refund of any prepaid period affected. Continued use after the effective date is acceptance; for major changes the service asks you to confirm acceptance at your next sign-in.
10.3
11. Liability
11.1 Except for the excluded liabilities in paragraph 11.3, each party's total aggregate liability arising out of or in connection with the agreement in any contract year is limited to the fees paid or payable by the Provider to the Operator under the agreement in the 12 months preceding the event giving rise to the claim.
11.2 Neither party is liable for indirect or consequential loss, loss of profit, revenue, business, goodwill, anticipated savings, or loss or corruption of data (except for the Operator's obligation to restore from its last available backup).
11.3 The limits do not apply to: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; wilful misconduct or gross negligence; the Provider's payment obligations; a party's breach of confidentiality; a party's indemnity for infringement caused by its own content; the Provider's indemnity in clause 4.3; or any liability that cannot be limited by law.
11.4 Service credits under the SLA, where PRO-02 grants one, are the Provider's sole and exclusive remedy for service availability shortfalls.
12. Governing law and forum
12.1 This agreement is governed by Spanish law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The courts of the city of Barcelona have exclusive jurisdiction, without prejudice to either party seeking interim relief in any competent court.
12.2 Business users may also use the internal complaint route in MKT-02 and the mediation route it names under Regulation (EU) 2019/1150.