Monite – Aplikacja Android / iOS (iPhone)

Rules of the Monite App

§ 1 Definitions

  1. App – the Service Provider’s application (software) through which the Service Provider performs Services for the User that involve providing information about Products within the scope chosen by the User, i.e., within Free Access or Premium Access.
  1. Free Access – the service (including the making available of an account in the App) performed electronically by the Service Provider for the User free of charge within the scope detailed in the Store and in the App.
  2. Premium Access – the service performed electronically by the Service Provider for the User in return for a payment, which involves giving the User access to all the functions available in the App, as detailed in the Store and in the App.
  1. Consumer – the user of the App who is a consumer.
  2. Store – the online store from which the User downloads the App.
  1. Recurring Payment – a form of payment for the Premium Access subscription which (in particular) involves recurring, automatic charging of the relevant subscription fee to the payment card indicated by the User, on the terms specified in these Rules.
  1. Product(s) – withdrawn, dangerous, or health-threatening products about which information will be available in the App in the form of notifications or results of searches conducted by the User.
  1. Rules – these rules, which also constitute the rules for the provision of services by electronic means, available in the App.
  1. Services – Free Access and Premium Access.
  2. Service Provider – Getwise sp. z o.o. with its registered office in Warsaw at Aleje ujazdowskie 22/18 (00-478), entered into the National Court Register – register of entrepreneurs – by the District Court for the Capital City of Warsaw, 14th Commercial Division of the National Court Register (KRS) at number: 0000803910, Tax Identification Number (NIP): 1231449568, National Business Register Number (REGON): 384372971, with a share capital of PLN 5,000, which provides the Services.
  3. User – any entity that uses the App.

§ 2 Contact details

  1. Address: Getwise sp. z o.o., Aleje Ujazdowskie 22/18, 00-478 Warsaw
  2. E-mail: [email protected]

 

§ 3 General provisions

  1. These Rules lay down the principles of the electronic performance of Services by the Service Provider.
  2. The text of the Rules is available in the App and may be saved in any way by the User.
  1. Detailed information about the App can be found in the Store and in the App.
  1. The User should use the App respecting the principles of social coexistence and in accordance with the law. Users are prohibited from providing unlawful content.
  2. Access to the App is given via the Store. Therefore, access to the App is given to the User on the terms applicable at the specific Store, whereas the Services are provided through the App in accordance with the principles laid down in these Rules.

 

§ 4 Technical requirements

  1. The app is intended for mobile devices running on:
  • Android version 6.1.2 and later,
  • iOS version 12.3 and later.
  1. The App can only be downloaded via the relevant Stores, that is:
  • Google Play for the Android system,
  • App Store for the iOS system.
  1. In order to use the App, the User should:

– have a mobile device (e.g. a smartphone, a tablet),

– ensure access to the Internet,

– have a working e-mail address,

– have a sufficient amount of free space (as indicated in the Store) on the device on which he/she intends to install the App,

– download the App from the relevant Store indicated in para. 2 and install it on his/her mobile device,

– launch the installed App.

  1. The costs of transmission of data needed for downloading/using the App are borne by the App Users on their own, at the rates specific to their network provider / Internet service provider.
  2. After the Rules of the App have been accepted and the App has been logged into for the first time, the agreement on the provision of Free Access is concluded between the User and the Service Provider for an indefinite period of time.

 

§ 5 Using the App

  1. In order to use the App, it is necessary to create an account in the App.
  2. In order to create an account in the App, the registration form (displayed in the App once it is started) must be filled in.
  3. In the next step, the User specifies – subject to para. 4 – which Products, from which country, and from which categories, the User wishes to receive notifications about. The option to select notifications concerning more than one country is available within Premium Access.
  4. If the Service Provider is allowed to collect the User’s location data, the App automatically determines the User’s current location. In such a case, the User will receive notifications about Products for the country in which he/she is currently staying.
  5. Detailed information about the functions of the App, in particular, the differences between Free Access and Premium Access, can be found in the App.
  6. Simultaneous use of the App is limited to:
  7. a) a single device – in the case of Free Access;
  8. b) three devices – in the case of Premium Access.

§ 6 Free Access

    1. In order to gain Free Access, the App must be downloaded from the Store and launched.
    2. After the Rules have been accepted and the App has been launched, the agreement on the provision of Free Access is concluded for an indefinite period of time.
    3. The User may terminate the agreement on the provision of Free Access at any time by deleting his/her account or by sending an email to the Service Provider (using the details from § 2 of the Rules) requesting deletion of the account in the App, while also uninstalling the App from all of his/her devices.

 

 

§ 7 Premium Access

    1. In order to gain Premium Access, the User should first gain Free Access.
    2. Then, using the relevant option in the App, subject to para. 15, the User should change the way in which
      the App is used to Premium Access, entering in the App the details of his/her credit or debit card to
      which the recurring payments will be charged, which is tantamount to concluding the agreement on the
      provision of Premium Access for an indefinite period of time as well as to the giving of consent to such
      payments.
    3. The settlement period for the use of Premium Access is one month.
    4. Payments for Premium Access should be made using Recurring Payments.
    5. In the case of Recurring Payments, the payment card added by the User shall be charged the amount of the
      subscription fee indicated in the agreement on the provision of Premium Access.
    6. The charging of subsequent fees due for Premium Access will be done automatically in a recurring fashion
      3 days before the end of a given settlement period, to the payment card specified by the User.
    7. If the funds available on the payment card are insufficient to make payments, the Service Provider will
      inform the User about the failed attempt to collect a payment via a message sent to the User’s
      e-mail address assigned to his/her account in the App. The attempt to make a successful payment will be
      repeated no more than three times until Premium Access expires, i.e., until the end of a given
      settlement period.
    8. If Premium Access is not paid for, the service will be provided only in the form of Free Access.
    9. If the User wishes to terminate the agreement on Premium Access (thus disabling the Recurring Payments),
      he/she should terminate it at least 4 days before the end of the current settlement period. In such a
      case, the termination of the agreement, as well as the deactivation of Recurring Payments, will take
      effect upon the expiry of the current settlement period.
    10. In the event of termination of the Agreement later than within the time limit specified in paragraph 9,
      the fee shall be collected for the next settlement period, and termination of the agreement on Premium
      Access (including deactivation of Recurring Payments) shall take effect upon the end of that period.
    11. A User who makes Recurring Payments should ensure a relevant amount of funds on the card referred to in
      para. 2 on the payment date, as well as ensure that the card may be charged, i.e., for example, ensure
      that there are no restrictions on such payments, in particular transactional limits or the expiry date
      of the card.
    12. The entity that handles Recurring Payments is FONDY LTD incorporated under the laws of England and Wales
      with registration number 10063984 and registered address Studio 22 Long Acre, Covent Garden, London,
      WC2E9LY, England.
    13. The following types of payment cards are supported for the purposes of Recurring Payments: Visa and
      MasterCard.
    14. Premium Access shall commence after the User has paid for this service.
    15. A User who gains Free Access for the first time has the option to use Premium Access free of charge for
      14 days (“Trial Period”) from the moment of gaining Free Access. After the Trial Period
      ends, the service will revert to Free Access.

    § 8 Right to withdraw from the agreement

    1. The consumer has the right to withdraw from the agreement on the provision of Premium Access concluded
      with the Service Provider through the App (“the Agreement”), subject to § 9 of the
      Rules (Exceptions), within 14 days, without giving any reason.
    2. The deadline for withdrawal from the agreement expires after 14 days from the date of conclusion of the
      Agreement.
    3. If, at the request of the Consumer, the Service Provider starts providing the Consumer with Premium
      Access before the expiry of the deadline indicated in para. 1, then the Consumer shall bear reasonable
      costs of these services incurred by the Service Provider in an amount proportional to the scope of
      services fulfilled until the Consumer informed the Service Provider about his/her withdrawal from the
      Agreement.
    4. In order for the Consumer to be able to exercise the right to withdraw from the agreement, he/she must
      notify the Service Provider, using the data listed in § 2 of the Rules, about his/her decision to
      withdraw from the agreement, in an unambiguous declaration (for example, a notice submitted via email).
    5. The Consumer may use the agreement withdrawal form template that can be found at the end of the Rules,
      but this is not mandatory.
    6. In order to meet the deadline for withdrawal from the agreement, the Consumer merely needs to send a
      notice informing about exercising his/her right to withdraw before the expiry of the deadline for
      withdrawal from the agreement.

      CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT

    7. If the concluded agreement is withdrawn from, the Service Provider reimburses the Consumer for all the
      payments received from him/her. This shall be done immediately and, in any event, no later than 14 days
      from the date on which the Service Provider is notified about the Consumer’s decision to exercise
      the right to withdraw from the agreement.
    8. The Service Provider will reimburse the Consumer for the payments using the same payment methods as
      those used by the Consumer in the original transaction, unless the Consumer agrees to a different
      solution. In any case, the Consumer will not incur any fees in connection with this reimbursement.
    9. The right to withdraw from a distance agreement cannot be exercised by any entity other than the
      Consumer.

§ 9 Complaints

  1. The Service Provider is obliged to provide the Services faultlessly.
  2. If there are doubts about the Services provided, the User may lodge a complaint using the Service
    Provider’s details listed in § 2 of the Rules.
  3. The Service Provider will review the complaint within 14 days of receiving it.

OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND OF PURSUING CLAIMS

  1. If the complaint procedure does not produce the result expected by the Consumer, he/she may resort to (among
    other things):
  2. mediation conducted by the territorially competent Voivodeship Trade Inspection Authority (WIIH), to which an
    application for mediation must be submitted. Usually, the procedure is free of charge. The list of Inspection
    Authorities can be found here:
  3. https://www.uokik.gov.pl/wazne_adresy.php#faq595.
  4. assistance from a territorially competent Permanent Consumer Arbitration Court attached to the Voivodeship Trade
    Inspection Authority, to which an application for hearing the case before the arbitration court must be
    submitted. Usually, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
  5. free assistance from the municipal or county consumer ombudsman.
  6. the Online Dispute Resolution (ODR) platform available at:http://ec.europa.eu/consumers/odr/.

§ 10 Personal data

  1. The Service Provider is the controller of the personal data provided by the User while using the App.
    Detailed information about the Service Provider’s processing of personal data (including
    information about other purposes and grounds for data processing, as well as the recipients of data) can
    be found in the Privacy Policy that is available in the App, in accordance with the principle of
    transparency referred to in the Regulation (EU) of the European Parliament and of the Council on the
    protection of data – “the GDPR”.
  2. The purpose of processing the User’s data by the Service Provider, as provided by the User in
    connection with the App, and, in particular, in connection with the services available in the App, is to
    provide the Services. The basis for the processing of personal data in this case is:
  3. a) the agreement on the provision of services, or the actions undertaken at the User’s request
    aimed at concluding it (article 6.1.b of the GDPR),
  4. b) for paid services – the legal obligation burdening the Service Provider with regard to
    accounting (article 6.1.c), and
  5. c) the Service Provider’s legitimate interest, that is, the processing of data for the purpose of
    determining, pursuing, or defending any possible claims (article 6.1.f of the GDPR).
  6. The provision of data by the User is voluntary but, at the same time, necessary to enter into the
    agreement on the provision of Services. Failure to provide data will prevent conclusion of the agreement
    on the provision of Services.
  7. The User’s data provided in connection with the App will be processed until:
  8. a) the Service Provider ceases to be under the legal obligation requiring the Service Provider to
    process the User’s data – if the basis for the processing of the personal data is the
    Service Provider’s legal obligation;
  9. b) the end of the period in which the User or the Service Provider may pursue claims with regard to the
    agreement on the provision of Services;
  10. c) acceptance of the User’s objection to the processing of his/her personal data – if the
    basis for the processing of the data was the Service Provider’s legitimate interest

– depending on what is applicable in the given case and what happens the latest.

  1. The User has the right to request:
  2. a) access to his/her personal data,
  3. b) rectification thereof,
  4. c) erasure thereof,
  5. d) restriction of the processing thereof,
  6. e) transfer thereof to another controller

as well as the right to:

  1. f) object, at any time, to the processing of the data for reasons related to a special situation of the User
    – with regard to the processing of personal data of the User based on article 6.1.f of the GDPR (i.e.
    based on the legitimate interests pursued by the controller).
  2. In order to exercise his/her rights, the User should contact the Service Provider using the details provided in
    § 2 of the Rules.
  3. If the User comes to a conclusion that his/her data are processed unlawfully, the User may lodge a complaint
    with the President of the Personal Data Protection Office.

 

§ 11 Final provisions

    1. In matters not provided for in the Rules, the common provisions of the Polish law shall apply.
  1. In the event of any dispute with a User who is not a Consumer, the competent court shall be the court
    having jurisdiction over the Service Provider’s registered office.
  2. The Service Provider communicates with Users in Polish or English, depending on the User’s choice.
  3. The Service Provider reserves the right to amend the Rules only for important reasons. An important reason means
    the need to amend the Rules due to:
  4. adaptation of the App to the laws that affect the services provided through the App;
  5. development of the App connected with adding new services or improving existing services.
  6. A notice of any planned amendments to the Rules will be sent to the User’s email address assigned to the
    his/her Account at least 14 days before the amendments come into force.
  7. If the User does not object to the planned amendments until they come into force, it is assumed that he/she
    accepts them.
  8. If the User does not accept the planned amendments, he/she should delete the account in the App and uninstall it
    from the device. Removing the account and uninstalling the App from the device is tantamount to terminating the
    agreement on the provision of Services.

 

Appendix 1 to the Rules

Below there is the template of the agreement withdrawal form, which the Consumer may (but does not have to) use:

AGREEMENT WITHDRAWAL FORM TEMPLATE

(this form needs to be filled in and sent only if you want to withdraw from the agreement)

...

Phone number: […]

Email address: […]

–I/We* hereby inform that I/we* withdraw from the agreement on the provision of the following service:

………………………………………………………………………………………..

–Date on which the agreement was concluded:
………………………………………………………………………………………..

–Name and surname of the consumer(s):
……………………………………………………………………………………………

–Address of the consumer(s):
………………………………………………………………………………………………………….

……………………………………………………….

Signature of the consumer(s) (only if the form is being sent in paper form)

–Date: ………………………………..

(*) Cross out as appropriate.

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