Terms and conditions of the Mr Reciept mobile application

§1.
General provisions
  1. These Terms and Conditions (hereinafter: “Terms and Conditions” define the rules for using the Mr Receipt mobile application, as well as for the provision of electronic services through it. The condition for using the Application is the acceptance of these Terms and Conditions, which is tantamount to concluding an agreement for the provision of electronic services between the User and the Service Provider. The User accepts the Terms and Conditions when the Application is launched for the first time.
  2. The Terms and Conditions describe the rules for the provision of electronic services by the Service Provider within the meaning of art. 8 of the Act of July 18, 2002 on the provision of electronic services. (i.e. Journal of Laws of 2019, item 123, 730 as amended).
  3. The terms used in these Terms and Conditions shall have the meaning given below:
    • Application – software called PanParagon/MrReceipt provided by the Service Provider, installed in the Device’s memory;
    • License – an agreement to use the Application, concluded on the terms set out in point II. of these Terms and Conditions between the Service Provider and the User upon installation of the Application, regulating the rules on which the User may use the Application;
    • Partner – a third party conducting business activity to whom the commercial information presented in the Application relates;
    • GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
    • Services – services provided electronically by the Service Provider via the Application, described in point V.1. of these Terms and Conditions.
    • Service Provider, Administrator – the company Mr Receipt Sp. z o. o. with its seat in Poznań (61-615) at Perkuna 25 street, entered into the Register of Entrepreneurs kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000822722, National Business Registry (REGON) number: 385301370, Tax ID (NIP): 9721305935;
    • Device – an electronic device that allows you to process, receive and send data, such as a smartphone or tablet.
    • User – a natural person using the Application;
    • Insurance Distribution Services – services provided via the Application by Primesoft Polska Sp. z o. o., as the insurance agent of the Insurer, entered into the Register of Insurance Agents under the number RAU: 11240684/A. Information on the entry in the register can be checked via a web browser at https://rpu.knf.gov.pl/search/agent.
    • Insurer – Towarzystwo Ubezpieczeń i Reasekuracji “WARTA” S.A. with its registered office in Warsaw (00-805) at ul. Chmielna 85/87, entered in the Register of Entrepreneurs of the National Court Register on the basis of an entry made by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000016432, Tax ID (NIP): 5210420047.
  4. Services offered in the Application are provided 24 hours a day, 7 days a week, at the User’s request.Pobranie Aplikacji z dedykowanych dla danego oprogramowania sklepów, jak również korzystanie z większości oferowanych za jej pośrednictwem Usług jest bezpłatne. W sytuacji, gdy skorzystanie z Usługi wiąże się z obowiązkiem dokonania zapłaty Użytkownik zostanie o tym wyraźnie powiadomiony w momencie składania zamówienia.
  5. Downloading the Application from stores dedicated to a given software, as well as the use of most of the Services offered through it is free of charge. In a situation where the use of the Service involves an obligation to pay, the User will be clearly notified at the time of placing the order.
  6. The Service Provider, as part of cooperation with various Partners, may provide Users with various services within the Application. The rules for the provision of electronic services on these websites are set out in the individual regulations of these websites. Using the services offered requires reading and accepting the individual regulations. In the event of a conflict between the Terms and Conditions and the regulations of individual websites, the provisions of the regulations of individual websites shall apply.
  7. Due to the nature of the Services provided through the Application, consisting in particular of providing the User with digital content, the User who is a consumer is not entitled to withdraw from the agreement concluded with the Service Provider within 14 days, but has the right to terminate it at any time.

§2.
Intellectual property
  1. The Service Provider is entitled to all rights to the Application, including its various functionalities, in whole and in part, in particular to text, graphic and multimedia elements and programming elements generating and operating the Application, including copyrights, related rights, industrial property rights and any derivative rights (licenses) required in a given situation.
  2. Upon downloading the Application and accepting the Terms and Conditions by the User, the Service Provider grants the User a non-exclusive license to use the Application in accordance with its intended purpose. The license is non-transferable and is granted for the duration of the User’s use of the Application in accordance with its purpose and in a manner consistent with these Terms and Conditions.
  3. The license referred to in paragraph 2 above does not authorize the User to grant further licenses.
  4. Providing third parties with the content contained in the Application is allowed only using the tools contained in the Application and intended for this purpose.
  5. The User has no right to reproduce, sell or otherwise market or distribute the Application, in whole or in part, in particular to transmit or make it available in computer systems and networks, mobile application distribution systems or any other ICT systems.
  6. In the event of a breach by the User of the rules of using the Application or the terms of the granted License, the Service Provider shall be entitled to block the User’s access to the Application and to withdraw the License granted for the use of the Application. The above does not prejudice the Service Provider’s right to take other appropriate and legal actions in connection with the breach.
  7. The Partners’ commercial information published in the Application comes from materials made available and disseminated publicly and free of charge by Partners or from applications submitted by Partners. The copyrights to promotional materials provided by Partners belong to these Partners, and all names or trademarks are used for informational purposes only.
§3.
Technical requirements and access rules
  1. The Application is available for Devices equipped with the appropriate version of iOS or Android and can be downloaded from a store offering applications dedicated to a given system.
  2. To run and properly operate the Application, an active Internet connection is necessary. The costs of data transmission required for using the Application shall be borne by the User on the basis of separate agreements concluded with the telecommunications operator or other Internet provider.
  3. In order to use some of the Application’s functions, it is necessary to activate access to the camera, multimedia or device location.
  4. After the first launch of the Application, the User gains access to an anonymous account assigned to the number of the used device. This account is effectively created upon the acceptance of the Terms and Conditions.
  5. At any time, the User may register the anonymous account in accordance with the registration procedure available in the Application.
  6. Some functions of the Application are available only to Users who have registered the account.
§4.
Integration with other accounts
  1. The User may integrate the Application with his/her account on a social networking site or another account on a website that enables such integration. The Application shows a list of websites that enable such integration. The choice of websites that allow integration is the responsibility of the Service Provider, who reserves the right to make changes to the list referred to in the previous sentence.
  2. Integration is a method of registering an anonymous user account and is completely voluntary.
  3. Integration is possible under the condition of accepting the terms of the website allowing such integration, in particular the rules of sharing user content and data, security rules and protection of the rights of other people.
§5.
General rules of using the application
  1. The basic services provided through the Application are:
    • storing and describing purchase receipts;
    • storing electronic versions of loyalty cards;
    • publishing commercial information of Partners;
    • insurance distribution.
    • Basic services are an integral part of the Application, therefore they cannot be turned off, the User may only decide not to use a given function
  1. The Service Provider reserves the right to extend the range of services offered without the need to amend the Terms and Conditions.
  2. Using basic services of the Application is free. Through the Application, the User may make a voluntary payment to the Service Provider. As a thank you, the Service Provider may provide the User with additional functionalities, having the nature of amenities that do not affect the scope of the services provided.
  3. Users are obliged to use the Application in a manner consistent with applicable law, Terms and Conditions, License, regulations of the stores from which the Application was downloaded, as well as the principles of social coexistence, including general principles of using the Internet and mobile applications, as well as respect for third parties and the Service Provider.
  4. Users are required in particular to:
    • use the Application in a way that does not interfere with its functioning,
    • use the Application in a way that is not inconvenient for other Users and the Service Provider, respecting the personal rights of third parties (including the right to privacy) and their all other rights,
    • use all information and materials made available through the Application only to the extent of permitted use and resulting from the License.
  5. Users are obliged not to provide illegal or offensive content, content excluded from openness, content that violates the personal rights of third parties, content inciting to commit a crime, as well as vulgar content or content that is likely to bring the Service Provider into disrepute, and, without the consent of the Service Provider, content of an advertising character.
§6.
Service provider’s liability
  1. The Service Provider conducts ongoing supervision over the technical functioning of the Application, ensuring its correct operation. However, the Service Provider does not guarantee the constant availability of all Application functions, as well as their flawless operation.
  2. The User uses the Application voluntarily, at their own risk. The Service Provider’s liability for any damage arising in connection with the use of the Application, and in particular its failure to function, as well as malfunctioning, is excluded to the fullest possible extent, legally permissible.
  3. The Service Provider shall not be responsible for limitations or technical problems in ICT systems used by Users’ devices, which prevent or limit Users from using the Application and the Services offered through it. The Service Provider shall not be responsible for quality, performance and accuracy of the Application that is unsatisfactory for the User.
  4. Interruptions in the operation of the Application may occur due to technical reasons, in particular resulting from the need to maintain the Application or the operating systems. The Service Provider shall inform about the planned interruption in the operation of the Application by posting relevant information in the Application.
  5. The provision of the Services may be interrupted in the event of improper connection quality, damage or defects of telecommunications equipment, power systems, computer equipment, failure of the telecommunications network, power outages or any action of third parties during the transaction.
  6. The Service Provider has the right to block access to the Application or individual Services in the event of irregularities in the use of the Application, in particular in the event of circumstances that could harm the User, the Service Provider or the Insurer. The Service Provider shall not be responsible for the temporary suspension of access to the Application for the period necessary to remove any threats or irregularities.
  7. The Service Provider shall not be responsible for the User’s use of the Application in a manner inconsistent with the provisions of the Terms and Conditions.
§7.
Insurance distribution
  1. As part of the Application, the Service Provider provides Users with the possibility of using the Insurance Distribution Service.
  2. The Insurance Distribution Service is provided by the Service Provider’s business partner – Primesoft Polska Sp. z o. o. which is the insurance agent of the Insurer.
  3. The Insurance Distribution Service covers only electronic equipment. In the event of entering the proof of purchase of an electronic device into the Application, the Application automatically recognizes the goods covered by the purchase and displays to the User information about the possibility of concluding an insurance agreement.
  4. Information on the possibility of concluding an insurance agreement, referred to in the preceding paragraph, will each time include the possibility of becoming acquainted with the information about the offered insurance product, available in the form of a separate document.
  5. The use of the Insurance Distribution Service takes place by completing the form available in the Application and requires providing all the required data, accepting the regulations and all obligatory consents.
  6. Completion of the formalities referred to in the preceding paragraph will constitute the conclusion of an insurance agreement to which the User and the Insurer will be the parties. Upon conclusion of the agreement, the Insurer will become an independent administrator of the User’s personal data.
  7. All complaints and claims related to the insurance agreement should be directed by the User directly to the Insurer at the following address: ul. Chmielna 85/87, 00-805 Warsaw, or by e-mail to the following address: skargi@warta.pl. However, in the event of a complaint or claim submitted to the Service Provider, it will be immediately transferred to the Insurer.
  8. Primesoft Polska Sp. z o. o. declares that it performs agency activities only for one insurance company, i.e. the Insurer. The remuneration for the conclusion of the insurance agreement is paid in the form of a commission transferred from the Insurer and is included in the amount of the insurance premium.
  9. Primesoft Polska Sp. z o. o. declares that it does not hold shares or stocks in the Insurer’s company entitling to at least 10% of votes at the general meeting, and the Insurer does not hold any shares or stocks in the company entitling to at least 10% of votes at the general meeting or shareholders’ meeting.
§8.
Processing personal data
  1. The Administrator of the personal data is the Service Provider, i.e. the company Mr Receipt Sp. z o. o. with its seat in Poznań, Poland (61-615) at Perkuna 25 street, entered into the Register of Entrepreneurs kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000822722, National Business Registry (REGON) number: 385301370, Tax ID (NIP): 9721305935;
  2. Providing personal data is voluntary, but its absence prevents the use of individual Application Services.
  3. The Administrator processes Users’ personal data in compliance with the requirements of the currently applicable regulations, in particular the GDPR, the Act of May 10, 2018 on the protection of personal data, as well as the Act of July 18, 2002 on the provision of electronic services and the Act of July 16, 2004 Telecommunications Law.
  4. The Administrator guarantees the use of appropriate technical and organizational measures to ensure the security of processed personal data, in particular preventing access to them by unauthorized third parties, or their processing in violation of the provisions of generally applicable law, preventing the loss of personal data, their damage or destruction.
  5. The rules for the processing of personal data are regulated in the Privacy Policy .
§9.
Termination of using the application
  1. The User has the right to terminate the agreement for the provision of electronic services at any time, without giving reasons.
  2. The declaration of termination of the agreement should be submitted in writing in a message sent to the address support@mrreceipt.com and is effective upon its delivery to the Service Provider.
  3. In the event of a breach by the User of the provisions of the Terms and Conditions, the Service Provider has the right to terminate the agreement for the provision of electronic services with immediate effect.
  4. Termination of the Agreement concluded between the User and the Service Provider results in the liquidation of the User’s account and loss of access to the Application.
§10.
Complaints
  1. All complaints related to the functioning of the Application and the provision of Services through it, as well as questions regarding the use of the Application should be directed to the Service Provider at the e-mail address support@mrreceipt.com.
  2. The complaint should include: the name and model of the mobile device, the current version of the ICT system installed on the device, a detailed description and the reason for the complaint. The response to the complaint will be sent to the e-mail address from which it was received. If the complainant wants the response to the complaint to be delivered to a different e-mail address, he or she should provide for it in the content of the message.
  3. Within 14 days from the date of its receipt, the Service Provider considers the complaint and informs the User about the result of its consideration. In a situation where the data or information provided in the complaint need to be supplemented, the Service Provider asks the User to supplement it before considering the complaint. The time of providing additional explanations by the User may extend the period of considering the complaint.
  4. The use of extrajudicial methods of handling complaints and redress by the User is voluntary.
  5. Information on the possibility of the User who is a consumer to use extrajudicial methods of handling complaints and redress and rules of access to these procedures are available in seats and on the websites of poviat (municipal) consumer advocates, social organizations whose statutory tasks include the protection of consumer rights, Voivodeship Inspectorates of Trade Inspection and the following Internet addresses of Offices of Competition and Consumer Protection:
    • https://www.uokik.gov.pl/spory_konsumenckie.php,
    • https://www.uokik.gov.pl/sprawy_indywidualne.php,
    • https://www.uokik.gov.pl/wazne_adresy.php
  1. The User who is a consumer can obtain free help in the settlement of a dispute between a User and the Service Provider, using the free assistance of a poviat (municipal) consumer advocate or social organization whose statutory tasks include consumer protection (for instance the Consumer Federation, Association of Polish Consumers).
§11.
Change and access to the terms and conditions
  1. The Service Provider has the right to amend the Terms and Conditions at any time, with the proviso that the change of the Service Provider’s contact details does not constitute a change to the Terms and Conditions.
  2. The Service Provider informs the Users about the change in the Terms and Conditions at the start of the Application, displaying the content of the amended Terms and Conditions and asking the Users to submit a declaration that they have read the new Terms and Conditions and accept their provisions.
  3. In the event that the User does not consent to the amendment of the Terms and Conditions, he or she has the right to terminate the agreement for the provision of electronic services. The agreement for the provision of electronic services is terminated when the Service Provider receives information about the termination of the agreement by the User. After receiving the termination, the Service Provider will immediately delete the User’s account.
  4. If the changes to the Terms and Conditions are not accepted, the User may not use the Application on the current terms.
  5. The Service Provider provides access to the current content of the Terms and Conditions via the Application and on the website www.mrreciept.com/terms-of-service
  6. in such a way that it is possible to download, save and print it free of charge.
§12.
Final provisions
  1. In matters not regulated in these Terms and Conditions, the relevant provisions of Polish law apply.
  2. The declaration of invalidity of any of the provisions of the Terms and Conditions does not affect the validity of the remaining provisions. In the event of invalidation of a part of the Terms and Conditions, the Service Provider will update it and inform the Users.
  3. Any disputes arising between the Service Provider and the Users will be settled amicably, and if no agreement can be reached, the dispute will be resolved by a common court having jurisdiction over the seat of the Service Provider.