Terms and conditions of using the mobile application Moto Mobi and the Internet platform Moto Mobi.net
The present Terms and Conditions determine the principles of using the mobile application Moto Mobi and the Internet platform MotoMobi.net constituting the software for the remote management of the information related to the operation of Vehicles.
The Terms and Conditions have been drawn up on the basis of the regulations of the law commonly binding on the territory of the Republic of Poland.
The Administrator-means the entrepreneur Tomasz Stancelewicz running business operations under the business name of the "FORTUNATO, Tomasz Stancelewicz"; the address of the main place of conducting business activity: ulica Klaudyny 32 apt. 100, 01-684 Warsaw, the poviat of Warsaw, Mazowieckie Voivodeship, NIP: 1182034300, REGON: 143435282. The Administrator provides e-services on the terms provided for in the Terms and Conditions;
the e-service-means the Moto Mobi and/or MotoMobi.net;
The Civil Code-means the Act of 23 April 2004 Civil Code (uniform text: Journal of Laws of 2014, item 121);
The Account-means the access folder, under which a set of data on the User and the Vehicle functions. The Account is generated by way of the registration of the User and it enables the use of the e-Services. Under their Account, the User obtains access to managing their own data. The access to the Account is protected with a password determined by the User.
The Modules-mean the functionalities of the e-Services, which include:
The module ALERTS;
The module FREE TIME;
The module COSTS;
The module SALES OFFERS;
The module COMMUNITY;
The module INSURANCE;
The module EVALUATION;
The module FLEET MANAGEMENT.
The module KNOWLEDGE RESOURCES;
Moto Mobi-means the mobile application for the remote management of the information related to the operation of Vehicles in the scope stipulated in the Terms and Conditions;
MotoMobi.net-means the Internet platform for the remote management of the information related to the operation of Vehicles in the scope stipulated in the Terms and Conditions
Partners-mean business-running entities which cooperate with the Administrator;
The Vehicle/Vehicles-means a motorcycle and/or a passenger car as defined by the Road Traffic regulations;
The Act on Road Traffic-means the Act of 20 June 1997 - the Act on Road Traffic (uniform text: Journal of Laws of 2012, item 1137 with later );
The Profile-means a subpage generated within the structure of the e-Services containing a set of information on the User which enables undertaking of the activities associated with using the e-Services;
The Profile-means a set of data on the User and the Vehicle presented in the verbal and graphic form. The Profile is public, which means that it can be viewed by other Users. The User decides about the data disclosed on the Profile.
The Terms and Conditions-means the present terms and conditions of using the mobile application Moto Mobi and the Internet platform MotoMobi.net;
The Complaint-means a statement of the User meeting the requirements specified in these Terms and Conditions, which contains charges related to the improper provision of the e-Services;
The Mobile Device - means a portable electronic device, such as a smartphone, tablet or other, having an operating system which enables the use of mobile applications.
The Act on Personal Data Protection-refers to the Act of 29 August 1997 on Personal Data Protection (uniform text: Journal of Laws of 2002, No. 101, item 926 as );
The Act on Copyright-means the Act of 4 February 1994 on Copyright and Related Rights (uniform text: Journal of Laws of 2006, No. 90, item 631 as );
Act on Electronic Services-means the Act of 18 July 2002 on Electronic Services (uniform text: Journal of Laws of 2013, item 1422);
The User-means a natural person, a legal person or an organizational unit not having a legal personality, for whom at least one e-service is provided.
I. GENERAL PROVISIONS
1. The present Terms and Conditions concern the provision of electronic services as defined by Article 8, passage 1, item 1, of the Act of 18 July 2002 on Electronic Services (Journal of Laws No.144, item 1204 with later amendments) and determines the basis for the provision of e-Services by the Administrator.
2. Before starting to use the e-Services, the User is obliged to read and accept the Terms and Conditions.
3. In order to use the e-Services properly, the User should have a device meeting the following technical requirements:
a. Moto Mobi:
Android 2.3 and iOS 7
[Web browsers: IE9, Chrome 3, FireFox 3.6]
4. The Administrator reserves the right to modify the e-Services to the extent corresponding to their business operations.
5. The Administrator does not ensure to the User the access to the Internet as part of the e-Services, and they are not responsible for providing the User with a relevant software that enables the use of the e-Services. The costs of the access to the Internet as well as the costs associated with the adjustment of devices for the technical requirements of the e-Services shall be borne by the User.
6.the User is obliged to use the e-Services in a manner consistent with the Terms and Conditions and the provisions of the commonly binding law.
It is forbidden to act in a way that would cause a destabilization of the technical environment of the e-Services or a threat to personal goods of other Users or the Administrator.
7. The use of the e-Services is voluntary.
8. The access to the e-Services, excluding
The Module FREE TIME, is free-of-charge.
1. The effective conduct of the process of the registration is a necessary condition to access the e-Services.
2. During the registration, the User is obliged to fill in a form and accept the provisions of these Terms and Conditions.
The principles of personal data processing are determined by Chapter VII of the Terms and Conditions.
3.The activation of the User Account is made after the approval of a link sent during the process of the registration to the e-mail address indicated by the User.
4. During the process of the registration, the User defines a unique login and password used for the operation of the Account.
5. The User is obliged to keep the password secret from unauthorized persons. The Administrator shall not bear responsibility for the risk of an accidental loss of the password by the User.
6. In the case of the loss of the password, the Administrator provides a possibility to generate a new password after obtaining from the User additional authorizing data similar to the data specified at the stage of the Registration. The basis for generating of a new password is the activation of a link sent by the Administrator to the e-mail address indicated by the User.
7. The completion of the registration process results in concluding the contract between the User and the Administrator, on the basis of which the User obtains access to the e-Services on the terms provided for in the Terms and Conditions.
The e-Services have the following functionalities allowing, in particular, for the remote management of the information related to the operation of Vehicles:
III.a The module ALERTS/Notifications System
1.The e-Service, on the basis of the data entered by the User, informs them about:
a.recommended time of the periodical technical examination,
b.recommended time for the change of winter tyres for the summer ones or vice versa,
c.the end of the insurance period of the Vehicle.
2. Apart from the data introduced by the User, the Notifications System does not constitute an individual evaluation of the Vehicle, in particular, the assessment of its technical state.
The Notifications System does not exempt the User from the liability for taking care of the timely execution of activities covered by the Notifications System and for the due technical condition of the Vehicle. The Administrator is particularly not responsible for:
a. the effects of the incorrect introduction of data, on the basis of which the notifications are generated.
b. the User's timely performance of activities covered by notifications.
c. the events, which make it necessary to perform activities covered by notifications in the time other than recommended.
In particular, the above applies to directing of the Vehicle for additional technical tests by the road traffic control authorities or the change of the weather conditions which implies the need to change tyres in the time other than recommended.
III.b The Module SALES OFFERS
1.The e-Service enables the publication of announcements concerning the sale of the Vehicle and the generation of sales offers on the basis of the data provided by the User.
2. The User is obliged to approve the content of the announcement each time prior to its publication. The Administrator shall not bear responsibility for the compliance of the data specified by the User with the actual condition.
3. Before the publication of an announcement, the User is obliged to read and accept the terms and conditions of portals, on which the announcement will be published.
4. The announcements generated via the e-services shall be published on the Internet portals indicated in the module SALES OFFERS.
III.c The module COMMUNITY
1.The User of the e-Service is authorized to use the Module COMMUNITY, being a database of Profiles created for the purposes of the exchange of information and data between the Users, and allowing for making acquaintances.
2.The use of Module The COMMUNITY enables, in particular:
a) The publication and modification of the content of the Profile,
b) obtaining access to other Users' Profiles,
c) exchange of information with other Users.
3. Except for the Profiles created for fleets, each User may have any number of Profiles, provided that one Profile corresponds to a single Vehicle.
4. It is forbidden for the User to publish content of an illegal nature, in particular the content that promotes violence and hatred or violates personal goods of other Users or third parties.
III.d The Module INSURANCE
1.The Module INSURANCE is a functionality of the e-Service that enables the User the comparison of the offers of motor insurance.
2.The criterion of differentiating of the insurance offers is the price.
3.The search results under the Module INSURANCE are the result of the application of an algorithm prepared as requested by the Administrator.
4.The Administrator makes best efforts to provide the identity of the data used for the calculation of potential premium under the Module INSURANCE with the data constituting the current offer of particular insurers, but the Administrator shall not bear responsibility for the discrepancy between these data and for the effects of using information generated under the Module INSURANCE.
5.The Administrator shall not bear responsibility for the discrepancies between the search results and the conditions of actual motor insurance contracts concluded by the User.
6. The search results for reference only and does not constitute an offer as defined by Article 66 Â§ 1 of the Civil Code. It is not possible to conclude a contract of the Vehicle insurance by the User under the Module INSURANCE. However, the Module INSURANCE enables the transfer of data concerning the User and their Vehicle to a third party providing intermediation services of concluding insurance agreements-the Financepartner Sp. z o.o. based in Rzeszow, ul. ulica Matejki 6 A apt. 3, 35-064 Rzeszow, REGON: 691679396, NIP: 8133282148, conducting business via the website: www.financepartner.pl
7. The purpose of transferring of the data is to establish a direct cooperation between the company Financepartner Sp. z o.o. and the User. The transfer of data for the purposes referred to in passage 6 above is conducted solely on the User's command as a result of using by them the functionality "Offer Request".
8.In order to confirm the amount of insurance premium, the User is obliged to contact directly the representatives of the insurer chosen by them.
III.e The Module EVALUATION
1. The Module EVALUATION enables a demonstrative calculation of the market value of a car with parameters similar to the parameters of the Vehicle on the basis of the data provided by the User.
2. The value determined under the Module EVALUATION is the average market price of the Vehicle corresponding to the model and brand of the User's Vehicle, based upon the data published on announcement portals selected by the Administrator. .
3. The Administrator shall not bear responsibility for the discrepancies between the actual value of the Vehicle and the value generated by the Module EVALUATION. Individual features of the Vehicle which are not included in the Module EVALUATION, such as, e.g. the modifications, technical condition, conducted repairs, can significantly affect the discrepancy between its real value and the value generated by the Module EVALUATION.
III.f The Module KNOWLEDGE RESOURCES
The Module KNOWLEDGE RESOURCES is an intelligent search engine that enables access to information related to the User's Vehicle concerning, in particular, its technical condition. The Administrator shall not bear responsibility for the correctness of information constituting the search results. Also, the Administrator is not responsible for the effects of using such information.
III.g The Module FREE TIME
1. The Module FREE TIME enables the User to access applications related to the automotive industry, such as games, wallpapers, ringtones.
2. Applications referred to above are external applications prepared by the Administrator's Partners.
3. The User is obliged to read the principles of using a given application available
under the Module FREE TIME prior to the use of the application.
4. Applications available under the Module FREE TIME are payable.
III.h The Module COSTS
1.The Module COSTS enables the analysis of costs related to the use of the Vehicle, on the basis of data introduced by the User.
2.Under the Module COSTS, the User obtains access to analytical tools.
3. The data introduced by the User are stored in digital files created under the e-Services.
4. Under the Module COSTS, it is possible the comparison of the maintenance costs of the Vehicle, in particular the expenditures incurred for the repairs of the Vehicle with the expenses of identical or similar repairs had by other Users.
5. For the purpose of implementation of the functionality mentioned in passage 4 above, the Administrator shall process the data introduced by the Users after the previous anonymization.
6. The Module COSTS does not enable the distribution of data introduced by the User in a manner which would enable the identification of the User.
7. Apart from the functionalities described in passage 1 above, the Module COSTS enables access to statistical data covering, among others, the average prices of fuel with a division into voivodeships
III.i The Module FLEET MANAGEMENT
1. The Module FLEET MANAGEMENT is intended for Users who use Vehicles in association with their business operations.
Through the labelling of particular Vehicles, the module enables the management of information about them from the perspective of one Profile.
2. The Module FLEET MANAGEMENT enables the creation of relations between particular Vehicles.
3. The Module FLEET MANAGEMENT enables the aggregated use of other modules available under the e-Services from the perspective of one Profile.
IV. Advertising content
1. Owing to the fact that the e-Services are a business project, the Administrator is authorized to post advertising materials in their content.
2. Advertising materials put in the content of the e-Services are related to business operations conducted by the Administrator or related to the promotion of services provided by the Partners.
3. Subject to passages 4-6 below, the presentation of advertising materials does not involve the transfer of the Users' data to third parties whose services are promoted.
4. During the process of the registration, the User may express his permission to send them by e-mail the unsolicited commercial information constituting an offer of the Administrator or their Partners. The commercial information shall be sent by e-mail or the PUSH messages.
5.The Administrator shall be obliged to send commercial information referred to in passage 4 above to the User in the possibly least burdensome manner, i.e. excluding the night-time.
6. During the process of the registration, the User may also give their permission for transferring of their personal data by the Administrator to the Partners for the purposes related to the provision of marketing of products and services by these entities.
V. Complaint procedure
1. In the case of observing irregularities in the provision of the e-Services, the User is authorized to submit a Complaint.
2. The User's Complaint can be submitted:
a) by e-mail to the address
b) in writing to the address:
[FORTUNATO Tomasz Stancelewicz, ul. Klaudyny 32 apt. 100, 01-684 Warsaw]
c) via the contact form available on the website [motomobi.net]
3. The Complaint should identify:
a) the User's data enabling the contact with them,
b) the type of the e-Service, to which the Complaint is related,
c) the User's charges,
d) the circumstances justifying the User's complaint.
4. Subject to the provisions of passages 5-6 below, the Administrator is obliged to answer the complaint in writing within 21 days from the date of receiving the Complaint, stating that they grant the Complaint or informing about the lack of grounds for granting the Complaint along with the justification of their position.
5. If it is necessary to explain additional circumstances related to the services provided to the Administrator by third parties, for whom the Administrator shall bear responsibility, or in the case of the occurrence of events that make the examination of the Complaint impossible in the time referred to in passage 4, the Administrator shall inform the User within 21 days about the need to explain additional circumstances.
6. In the cases specified in passage 5 above, the date for the examination of the Complaint shall be extended by 21 days.
7. In the case of a failure to provide the e-Services or an improper provision of them for the reasons which the Administrator is not responsible for, in particular for reasons related to a faulty functioning of the User's software, the Administrator shall inform the User about the reason, indicating at the same time that there is no grounds for granting the Complaint.
8. The User who does not accept the Administrator's position expressed in response to the Complaint, may place a request for the reexamination of the case. The provisions of passages 1-6 shall apply respectively.
9. The Administrator's position included in the response to the application for the reexamination of the case is final, but it does not exclude the possibility to initiate the procedure according to the commonly binding legal regulations.
VI. Specific hazards associated with using the e-Services
1.The use of the e-Services, as the use of all services provided via the Internet, can involve a risk.
2.The Administrator has not observed the presence of any particular hazards associated with using the e-Services.
3. The hazards associated with using of the services provided via the Internet are: a possibility to infect the system with unwanted software created in order to cause the damage (viruses, Trojan horses), and a possibility of an unwanted interference in the content of the e-Services both via the Administrator's and the User's systems.
4. In order to minimize the hazards, referred to above, the User should have an appropriate protection system, in particular a valid anti-virus software.
5. The Administrator makes best efforts to provide the protection against hazards related to the use of the e-Services via the Internet.
1. The Administrator of personal data processed in connection with the execution of the Contract is Tomasz Stancelewicz who runs business activities under the company "FORTUNATO, Tomasz Stancelewicz"; the address of the main place of conducting business activity: ulica Klaudyny 32 apt. 100, 01-684 Warsaw, the poviat of Warsaw, Mazowieckie Voivodeship, NIP: 1182034300, REGON: 143435282.
2. Subject to section 3 below, the provision of personal data by the User is voluntary, but it is also necessary to ensure the proper provision of the e-Services.
3. At the stage of the registration, the User has the possibility to give their consent to the data processing for marketing purposes and sending commercial information via e-mail. Furthermore, the User may express his permission to transfer their personal data to the Administrator's Partners for the purpose of the provision of marketing operations by these entities.
4.The lack of consent to the data processing for marketing purposes or to sending commercial information via e-mail shall not affect the possibility to use the e-Services by the User. The data processed in connection with the provision of the e-Services after their prior anonymization, understood as the removal of any symbols identifying the User, may be used for statistical research related to advertising, market investigation, and testing of behaviour and preferences, the results of such research being used for the purpose of the improvement in the quality of services provided by the Administrator.
5. The User shall be entitled to the access to their own personal data and the right to correct them.
1.The e-Services provide a possibility of the geographical location of the User by defining the location of a Mobile Device or personal computer used by the User.
2. Determination of the User's geographical location requires their prior consent. The permission for the geolocation means the activation of this functionality by the User under their Account. The permission mentioned in the previous sentence may be revoked at any time.
3. Determining the location of the User's Mobile Device or personal computer is done on the basis of the IP number, signals from the User's GPS Device or the data from the sensors of the User's Device, concerning, among others, the nearby points of access to the Wi-Fi network or mobile phone base stations.
IX. Account Blockade
1.In the case of a justified 1.suspected actions of the User constituting an unlawful interference in the e-Service, the Administrator is authorized to block the User's Account.
The actions mentioned in the previous sentence should be understood as: an unlawful interference in other Users'accounts, an interference in the technical environment of the e-Service, other attempts at the destabilization of the e-Service.
2. In the case of justified suspecting of the breach of the prohibition referred to in passage 1 above, the Administrator is authorized to any activities stipulated by the law which lead to the enforcement of the obligation to repair the damage.
3. Apart from the rights described in passage 1-2 above, in the case of obtaining by the Administrator the information that a User of the e-Services does not conform with the provisions of the Terms and Conditions or other valid legal regulations, the Administrator may process the User's personal data in the scope necessary to determine their liability. A condition authorizing the Administrator to undertake activities mentioned in the previous sentence is the recording of the fact of obtaining and of the content of the information that a User used the e-Services in a manner referred to in the previous sentence, for evidence purposes.
4. The Administrator may notify a User about the User's unauthorized activities and request them to stop the activities immediately, as well as use the right referred to in passage 3 above.
X. Resignation from the e-Services and Deletion of the Account
1.The Participant may resign from using the e-Services at any time without giving a reason.
2. The resignation from the e-Services consist in the deletion of the Account by the User.
3. The deletion of the Account is also possible in the case of the death of the User being a natural person or the liquidation of the User being a legal person or an organizational unit without legal personality.
4. The basis for the deletion of the Account due to the circumstances referred to in passage 3 above is the notification of the Administrator about them. In a manner mentioned in Chapter V, passage 2, of the Terms and Conditions.
1. the e-Services are covered by the protection to the extent corresponding to the protection of computer programs, as defined by the Act on Copyright.
2.The Administrator declares that they are entitled to all economic and moral rights to the e-Services.
3. It is forbidden to act in a way that could result in the breach of the Administrator's copyright.
XII. Final provisions
1. The Administrator reserves the right to change the content of these Terms and Conditions.
2. The change of the content of the Terms and Conditions shall be reported by the Administrator to the Users by sending the content of the new Terms and Conditions by e-mail to the addresses designated during the registration, and by publishing the content of the Terms and Conditions in the new, changed wording on the website [motomobi.net].
3. The User who does not accept the provisions of the amended Terms and Conditions shall be entitled to the right to resign from the e-Services on the terms provided in chapter X. Of the Regulations.
4. The present Terms and Conditions and the liability relations resulting from them are subject to the law of the Republic of Poland.
5. The Terms and Conditions shall be effective since