Rules of providing a Service dom.mobilus.pl and Additional Services
I. General provisions
1. These Rules of providing services via electronic means of communication determine the conditions of using the Service dom.mobilus.pl and Additional Services provided by Mobilus Motor Sp. z o.o.
2. These Rules have been compiled on the basis of legal regulations at the territory of the Republic of Poland, and the subject of this regulation are the conditions of use of the internet service Mobilus which is available at the address https://dom.mobilus.pl altogether with Additional Services.
3. The Rules determine rights and obligations of Service Users, and the rights, obligations and scope of responsibility of the Administrator who is the service administrating entity and providing the Service dom.mobilus.pl, including Additional services for the Users.
4. The Rules and the Privacy Policy are made available by Administrator for a Service User to download them into the computer memory and/or print out.
5. Service User may start using the Service upon acknowledging the content of the Rules and their explicit acceptance.
II. Definitions
1. Administrator - Mobilus Motor Sp. z o.o. seated in Poznan at ul. Miętowa 37; 61-680 Poznań, Poland, registered into the Register of Entrepreneurs conducted by District Court Poznań-Nowe Miasto i Wilda in Poznań, 8th Economic Department of National Court Register under the number KRS: 0000188418, taxpayer number NIP: 972-10-78-008, stat. reg. number REGON: 634538898, company’s capital 496.000,00 PLN, telephone number +48 61 825 81 11.
2. The User – natural person aged 18 and above, with full legal capacity, legal entity or organisational entity without legal personality who has the access to the services.
3. Account – Electronic Service, a collection of resources in tele-information system of the Service Provider, where the data given by the User are stored, designated with an individual name.
4. Number of control panel – individual number of a device of Mobilus COSMO | GTW.
5. Login of a User – email address used for logging-in to the Account and for using the Services.
6. Password – the row of signs to protect against unauthorised access to the Account.
7. Authorisation - process of identification of the User on the basis of control panel number, User Name and Password.
8. Website - a website available at https://dom.mobilus.pl that enables the Services to be providing upon Authorisation of a User, which are administrated by a Service Provider.
9. Service – a service provided via electronic means by a Service Provider for a User through the site dom.mobilus.pl.
10. Additional Service – a service provided through electronic means by a Service Provider for Users on the basis of the Rules, which is not a dom.mobilus.pl. service. Additional Services are:
a) Integration Service which allows for integration of devices within services of dom.mobilus.pl with external services, or allowing for managing the system or devices and services with the use of external systems such as Amazon Echo / Alexa / Google Assistant. The User by accepting these Rules undertakes the fact that the Service Provider and the entities which provide external services may change the scope of services and, therefore, change the scope of Integration Service (in particular by adding or removing certain services);
b) The Service of Remote Access which allows for obtaining information on the activity of devices and managing this activity with the use of mobile applications or www site outside a local network with the use of Internet network. The service of management allows for controlling and monitoring of the state of devices which are the products of other companies, but connected to the system dom.mobilus.pl.
11. Registration - process of creating an Account which results in conclusion of a contract between a User and a Service
Provider on providing services via electronic means for indefinite period of time.
12. Rules – these rules of providing Services through electronic means.
13. Contract – a contract on providing Services through electronic means, performed on the basis of the Rules upon completing a Registration process.
III. Registration
1. Registration to the Service is voluntary and free of charge.
2. The procedure of creating the Account and registration into the service takes place through activation of the Service of Remote Access in a control panel and giving consent in the form included in a control panel.
3.The acceptance of the Rules by a User is performed by:
a) acknowledging the Rules and the content of Privacy Policy and accepting its provisions,
b) giving an email address by a User.
4. The acceptance of the Rules and Privacy Policy by a User is performed in a control panel while connecting the Service of Remote Access by confirming the acknowledgment of the Rules and Privacy Policy and their acceptance. The lack of acceptance of the provisions of the Rules and Privacy Policy available at the link: dom.mobilus.pl will not allow the User to register and, as the result, to use Additional Services of dom.mobilus.pl.
5. After the Service of Remote Access is activated in a control panel, the Service Provider creates a User’s account. A Service Provider may log in though a site dom.mobilus.pl by giving the number of a device, login and a password to access a control panel.
6. By completing registration process a User concludes a contract via electronic means for indefinite period of time.
7.After completing Registration, the Service Provider allows for using Additional Service i.e. remote access to devices. Updated version of the Rules and Privacy Policy are available upon logging in to the service at the site dom.mobilus.pl
IV. Technical conditions of providing Services
1. In order to use Additional Services it is required to ensure:
a) access to the Internet,
b) properly configured internet browser with the use of cookie type files,
c) switched-on Javascript language use,
d) active account of electronic address,
e) download from Appstore, Google Play in the case of using the Services with a mobile application Mobilus dom.
2. The Service Provider uses protection such as coding of data transmission SSL, which guarantees security while using the Services.
3. The User bears complete responsibility for security of digital content in the scope of actions which may be undertaken only by this User, customary exercised, because of the property of Services used by the User, in particular, by using antivirus programs and passwords of high complexity level and undertaking actions in order to provide security of these passwords.
4. The Service Provider is not technologically able to analyze data content which is sent by User’s/Administrator’s devices to a mobile application installed at the mobile device belonging to the User. The User is the administrator of the data. Full and excusive responsibility for sending content which infringes the rights of third parties, their property or copyrights belong to the User.
5. The User bears complete responsibility for their actions and omissions related to the use of the site and Services, in particular, the User may be responsible for damages made to the Service Provider or other Users.
V. User’s rights and obligations
1. The User undertakes to use the Services following the Rules and binding legal provisions. In particular, it is forbidden to:
a) present a User Name and Password to the account to third parties;
b) use the Services in a manner that hinders the operation of IT systems belonging to the Service Provider, other Users and third parties,
c) post content in the Service which is:
- offending, harmful, racist or infringing personal rights of other people,
- infringing copyrights or other similar rights, or encouraging to infringe copyrights,
- infringing industrial property rights, or encouraging to infringe industrial property rights,
- a company secret or third parties’ secret;
d) send unordered marketing information;
e) use the Service differently than its intended use and requirements of proper operation;
f) transfer a part or whole of rights and obligations related to the Contract without the previous consent of the Service Provider for a third party;
g) make attempts to access other services provided by the Service Provider or third parties in an illegal manner or contrary to the provisions of the Rules.
2. In addition, the User must not undertake other actions which may result in harming the Service Provider or third parties, but in particular:
a) copy, in any manner, a part or whole of the site or Service;
b) copy any functionalities or graphic elements of the site or Service.
VII. Service Provider’ s rights and obligations
1. The Service Provider undertakes to provide availability of Service for 24 hours a day and 7 days a week, except for the following cases:
a) scheduled breaks during providing services of dom.mobilus.pl shorter than 15 minutes, not more frequently than once during 24 hours (the Service Provider will make attempts to inform on scheduled breaks of the Service dom.mobilus.pl at 24 hours in advance, through sending information onto the email address defined in the Service),
b) scheduled breaks during providing the Service of dom.mobilus.pl longer than 15 minutes (the Service Provider will make attempts to inform on the scheduled breaks during providing the Service dom.mobilus.pl at minimum 48 hours in advance through sending information onto the email address defined in the Service),
c) breaks in providing Services caused by circumstances which do not depend on the Service Provider, in particular:
- Force Majeure, including actions undertaken by the government, floods, fires, earthquakes, riots, acts of terrorism or hacking, strikes and other circumstances related to providing work, except for the circumstances related to employees working for the Service Provider),
- Breaks caused by the impossibility to access the Internet by the Service Provider;
- Breaks or ceasing of providing services for the Service Provider by third parties, which services are necessary to provide the Service dom.mobilus.pl.
2. Breaks in the operation of the Service dom.mobilus.pl may be related to breaks in the access to Additional Services.
a) The Service Provider does not guarantee the access to services caused by the lack of performance or unduly performance of tele-information services provided for the User by their providers, and also as the result of improper operation of the Internet network or improper use of the network by the User,
3. Because of the development of the system dom.mobilus.pl, the Service Provider is constantly working on the expanding of the scope of the Services provided, which entails additional and new Services or modification of the existing ones.
4. If the User infringes the Rules, the Service Provider will send the demand via email to stop the actions which are against the Rules. If, within 14 days from sending the email, the User still infringes the Rules, the Service Provider may suspend the provision of the Services for the User.
5. The Service Provider informs the User on the initiation of the actions mentioned in section 3 above with the use of email given during Registration.
VIII. Contract duration
1. In case of gross infringement of the provisions of these Rules, as well as in case of repeated breaches of the Rules by the User, the Service Provider is entitled to terminate the contract concluded with the User with a 14-day notice period, and in the case when the last logging –in to the Service dom.mobilus.pl took place a year ago and if the Service Provider decides to finish the provision of the Service dom.mobilus.pl for all its users. The Service Provider will inform the User on the termination of the contract through email address indicated during Registration.
2. The User may finish the use of the Service dom.mobilus.pl (terminate the Contract) at any time and without giving the cause. The termination takes place through submitting the statement to the Service Provider in writing or via email to the address dom@mobilus.pl
3. The termination of the contract on provision of the Service dom.mobilus.pl results in the lack of possibility to use the Service dom.mobilus.pl by the User and other additional services as well.
4. The data received on the basis of the consent will be processed as long as there is the account or till the moment a User objects to such processing, depending on which is the earliest.
IX. Limitation of responsibility of the Service Provider
1. Provisions below do not refer to the users who are consumers, as meant by art. 221 of the Civil Code.
2. The responsibility of the Service Provider for the damage caused by the lack of performance or unduly performance of the contract is limited to the intentional damage. Otherwise, Service Provider does not bear responsibility for any damage.
3. The responsibility of the Service Provider for the warranty resulting from the faults of the service is excluded.
The Service Provider is not liable, in the scope in which legal regulations allow for limitation of responsibility, for :
a) damage caused in relation to the use or faulty functioning of the Service,
b) damage related to the loss of possibility to use the Service,
c) damage meant as lost benefits,
d) damage caused by the loss of data, destruction or failure of User’s devices,
e) damage related to any infringement of copyrights and industrial property rights and belonging to third parties, including damage related to claims of these people which result from their copyrights and industrial property rights.
X. Warranties
1. The Service Provider in reference to the Service does not grant any explicit and implied warranties. In particular, the Service Provider does not guarantee that the User will achieve any benefits as the result of the use of the Service.
XI. User’s personal data, protection and processing
1. The Service Provider is the administrator of User’s personal data, which are necessary to perform the Contract. The data are processed by the Service Provider for the conclusion and execution of the Contract, including the provision of proper quality of the Service, monitoring and verification of the Contract – for the period of Contract duration and settlements after its termination (legal basis is the art. 6 section 1 letter b) RODO). The Service Provider processes personal data belonging to Users also for other uses and scope, indicated in detail in Privacy Policy, see: http://dom.mobilus.pl/policy/policy_pl.pdf and download the latest version in *.pdf format.
2. In the scope not settled herein, the rules of processing personal data and privacy protection of the Users are described in the document “Privacy policy” – available at http://dom.mobilus.pl/policy/policy_pl.pdf.
3. Please read and accept Privacy Policy, before you conclude the Contract.
XII. Complaints
1. Complaints which are related to Services should be notified in writing to the address: ul. Miętowa 37, 61-680 Poznań, or with the use of email to the address dom@mobilus.pl.
2. The Service Provider will consider the complaints within 14 (fourteen) days from the date of its reception.
3. The reply for a written complaint will be sent to the postal address of the User, or if the complaint has been notified with an email – into the email address.
4. In order to consider the complaint, the User may be requested by the Service Provider’s employee to give additional data necessary for proper identification, including:
a) Email address;
b) Name and surname;
c) Telephone number;
d) Serial numbers of devices related to the Service provided.
XIII. Withdrawal from the Contract
1. The User who is a consumer is entitled to withdraw from the Contract.
2. The User may, without justification, make a statement on withdrawal from the Contract at any time.
In order to withdraw from the Contract, please send us a written statement informing on the withdrawal from the Contract to the address: ul. Miętowa 37, 61-680 Poznań, or with the use of electronic mail to the address dom@mobilus.pl.
3. In the case of withdrawal from the Contract, the Service Provider immediately removes the account and any personal data of the User from the system and a storage of personal data, unless it results differently from the binding legal regulations and Privacy Policy.
4. In order to avoid any doubt, the withdrawal from the Contract disables the use of Additional Services of dom.mobilus.pl.
XIV. Final provisions
1.The Rules follow the legal regulations of Polish law, in particular the act on providing services via electronic means and RODO and the act of personal data protection, unless the binding law regulations require to use other law, in particular, the regulations adequate to the place of living or the seat of the User who is a consumer.
2. A proper court for settling any disputes resulting from the Contract is a common court respective for the place of the Service Provider’s seat. The disputes with the Users who are consumers shall be settled by common courts according to the competence resulting from legal regulations. The User who is a consumer may use an out-of-court manner of settling complaints and claims before a standing arbitration consumer court at the Voivodship Inspectorate of Trade Inspection in Warsaw. Information on the access to the procedures of settling disputes are placed at the following address: https://uokik.gov.pl, in the tab “Settling consumer disputes”.
3. The attachments to the Rules are the integral part of thereof.
4. The Service Provider reserves the right to introduce changes to the Rules because of the following reasons:
a) Changes of legal regulations resulting in the contradiction of the Rules with the legal provisions,
b) Introduction of new Additional Services, modification of the existing or removal of services which require the change to the Rules,
c) The necessity of adjustment of the Rules to the needs and expectations of Users.
5. The information on any change of the Rules shall be sent to the User’s email in 14 days in advance. If the User does not accept the Rules on the date of their enforcement, they will no longer have possibility to use the Service. The User’s account will be inactive till the moment of accepting the current version of the Rules or till the moment of removing the Account by the User according to item 8.4 of the Rules.
6. The Rules are available free of charge at the link https://dom.mobilus.pl/terms-of-service in a form that enables its downloading, saving and printing out. Moreover, the Rules are available in a written form at the address Mobilus Motor Sp. z. o.o. , ul. Miętowa37, 61-680 Poznań, Poland.
7. The Rules come in force on the date of 31/08/2018.