§1 General Provisions
1. The primary purpose of the Application is to enable Users to exchange information about Events, remotely and without the physical presence of the parties
2. In order to use the Application, User must possess the following:
1. mobile teleinformatic device with access to the Internet,
2. active and properly configured email account,
3. properly installed and configured Android operating system, current or previous version,
4. An active and properly configured GPS service,
5. access to the User Account
3. Services are provided through the Application 24 hours a day and 7 days a week.
4. Use of the Application is made through familiarization with its content or functionality.
5. Services and functionality provided through the Application are provided free of charge.
6. Users may terminate their use of the Application at any time by deleting it from the device system used to administer the Application.
7. The Service Provider provides Services in accordance with the Terms and Conditions of the applicable law.
8. The Provider provides these Terms and Conditions through the Application and the TruckDriver.eu website
9. Users can at any time: access to the Terms, fix it, retrieve and play it by saving on the data carrier.
§2 Account registration
1. To create a User Account, you must make a voluntary and free registration. This is done by completing and submitting to the Service Provider a registration form that is shared within the Application area.
2. The condition for completing the registration form is to complete all mandatory and possibly optional fields, using real, complete user-related data or information.
3. Before submitting the registration form, by ticking the appropriate box, the User should declare that he has read the Terms and Conditions and accepts them.
4. Before submitting the registration form, by ticking the appropriate box, the User should declare that he has read the Terms and Conditions and accepts them.
5. The Service Provider informs that the marketing objectives indicated above may include, in particular, sending by the Service Provider commercial information, using the contact details of the User. The consent contained herein may be withdrawn at any time, and User has the right to access your personal information and to correct it.
6. Sending a registration form to the Service Provider is done through the Application functionality.
7. The User Account Agreement is concluded for an indefinite period, upon confirmation of its registration by the Service Provider.
8. Subject to the Service of User Account is to provide a user account panel, which allows, among others. manage your data, services, or functionality.
9. Using your User Account is possible after you create it and then log in using the correct username and password.
10. Termination of the Service User Account Agreement can be made without giving a reason and at any time, using its functionality, or by sending a User Statement on this subject to the Service Provider, eg via email or letter.
§3 List of vehicles
1. Adding a vehicle to the list of vehicles is done by completing and validating the required fields for the vehicle addition form.
2. The vehicle addition form includes in particular the type, brand, model, year of manufacture, color and registration number.
3. By adding the vehicle to the base, the user confirms the compliance of the entered data with the actual state.
4. Dodanie pojazdu do listy zostaje potwierdzone komunikatem systemowym.
5. View and edit the list of vehicles is possible at any time using the proper functionality of the Application
§4 Introduction of event information
1. Event Launches by selecting the Events icon and approving it.
2. Introduction of Events results in the publication of Event Information in the Application and providing it in the form of a notification to Users within the coverage area of the Event.
3. The event information is expressed in kilometers or miles and is set by the User.
4. By entering the Event, the User:
1. Confirms that the event is true
2. agrees to publicly presenting information about the Event and data about that participated in the event.
5. Introduction The event is confirmed by a system message.
6. Viewing and editing the list of vehicles is possible at any time using the proper functionality of the Application
§5 Event notifications
1. Event notifications are displayed to Application Users through the devices on which the Application is installed and running.
2. Event notifications are displayed to Users within the Event Information range.
3. Event notifications contain information about Events.
4. The application allows you to respond to a notification about an Event.
5. To respond to an event notification, select the response icon.
6. Responding to a notification about an Event results in the publication of the response information in the Application
7. By entering an Event Response, the User confirms that this information is true.
1. Complaints can be submitted by letter or e-mail to the postal address or the Electronic Service Provider.
2. The complaint should contain a description of the problem and the identity of the User.
3. The service provider will accept complaints within 14 days of the date of filing
4. In the content of the complaint, it is recommended to provide the contact information of the User, which will be used to respond to the complaint and conduct correspondence related to it.
5. Complaints may be submitted for defective services.
§7 Odstąpienie od umowy
1. Prawo odstąpienia od umowy zawartej na odległość nie przysługuje Konsumentowi:
1. where the Service Provider has performed the service with the express consent of the Consumer, who has been informed prior to the commencement of the service that, upon fulfillment of the provision by the Service Provider, he will lose his right to withdraw from the contract,
2. with respect to digital content contracts that are not recorded on a material medium if the performance of the benefit has begun with the express consent of the consumer before the expiry of the time limit for withdrawal and after informing the Service Provider of the loss of the right of withdrawal.
2. In other cases, the Consumer may, without giving reasons, withdraw within 14 days of the contract concluded with the Service Provider.
3. To take advantage of the right of withdrawal, Consumers must inform the Service Provider (TD MAŁGORZATA POBŁOCKA, Al. Zwycięstwa 241 lok. 13 13, 81-521 Gdynia, email@example.com) about your decision to withdraw from the contract by a clear statement (for example, a letter sent by mail or e-mail).
4. The consumer can withdraw from the contract by submitting a statement of withdrawal to the Service Provider. The statement may be submitted on a form, the form of which is annexed to the Regulations, but this is not mandatory.
5. It is sufficient for the consumer to send information on the exercise of the right of withdrawal prior to the expiry of the time limit for withdrawing from the contract.
6. The deadline expires 14 days after the date of conclusion of the contract.
7. In the event of withdrawal, it shall be deemed invalid If the Consumer has made a declaration of withdrawal before the Service Provider has accepted the offer, the offer shall cease to be binding.
§8 Out-of-court settlement of claims
1. The consumer has the opportunity to use the following extrajudicial means of dealing with claims and claims:
1. filing a request for settlement of a dispute resulting from the concluded agreement to a permanent, friendly consumer court acting at the Trade Inspection whose address can be determined by virtue of the website of the Office of Competition and Consumer Protection at the URL https://www.uokik .gov / wazne_adresy.php # faq596,
2. filing a motion for initiation of mediation proceedings on the amicable settlement of the dispute between the Consumer and the Service Provider to the Voivodship Inspector of Trade Inspection, whose address can be determined by virtue of the website of the Office of Competition and Consumer Protection at the URL https: // www.uokik.gov.pl/wazne_adresy.php#faq595,
3. skorzystanie z pomocy powiatowego lub miejskiego rzecznika konsumentów lub organizacji społecznej, do której zadań statutowych należy ochrona konsumentów,
4. file a complaint through the EU-based ODR platform, available at URLhttp: //ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No 524/1313 of the European Parliament and of the Council of 21 May 2013 on the online dispute resolution system of consumer and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC.
2. Detailed information on out-of-court complaint and redress procedures and access to these procedures can be found at our premises and on the websites of the entities listed in point 1.
3. A list of entities and institutions that perform tasks related to extrajudicial dissolution of consumer disputes and detailed information on this subject can be found on the website of the Office of Competition and Consumer Protection, available at the URL https://www.uokik.gov.pl.
§9 License Terms
1. Application Graphic, Application Structure, Application, Source Code or Compiled Application, Websites for Application Support, and any documentation provided by the Service Provider in connection with the provision of the Application, including related works, such as documents or instructional information, constitute works within the meaning of copyright law.
2. Upon downloading and installing the Application, the Service Provider grants to You a license to use and use the Application, subject to these License Terms.
3. You acknowledge and agree that the Application is subject to certain restrictions, such as technical requirements or purpose of use.
4. User may not use the Application in violation of the Terms and Conditions, with particular regard to these license terms.
5. User must not:
1. rent, lease or resell the works or any part thereof, or create derivative works based thereon,
2. make changes to the works
3. remove any copyright or proprietary notices that may appear in the workspace,
4. wykorzystywać utworów w celach naruszających obowiązujące przepisy prawa powszechnego lub normy etyczne i moralne
6. The Service Provider does not transmit to the User the copyright of the Application or any of its compositions, nor does it have the power to grant authorizations for the ownership or use of copyright to, or use of, this material, including the further resale thereof, and to exercise any other rights. Subsidized, not subject to license conditions.
7. Your right to use and use the Application under the granted license
1. save and restore the mobile telecommunication device at the location and time it has selected,
2. access and display via a mobile telecommunications device at the place and time chosen by him / her.
8. The license is unlimited in time, territory and non-exclusive.
9. The license is valid for the entire Application.
10. The Service Provider retains exclusive rights to decide on how to maintain the integrity of the Application.
§10 Other rights and obligations of the parties
1. The Service Provider undertakes to make reasonable efforts to enable the proper functioning of the Application and to assist in solving technical problems related to its operation.
2. You acknowledge that it is forbidden to provide to or through the Application, the content that is:
2. Misleading other Users,
3. violating the personal rights of Users, Service Provider or third parties,
4. It is generally considered to be offensive, vulgar, or otherwise objectionable, in particular: pornographic content, content that promotes drug use or excessive use of alcohol, racially motivated content, xenophobia or hate.
3. The user is obliged in particular to:
1) to introduce only true Events and to give true responses to Event notifications that correspond to actual events,
2. use the functionality of the Application in a manner that does not infringe the rights or privacy of other Users.
4. The provider is entitled to remove or moderate content that violates the Terms of Service
5. The provider is not responsible for:
1. interruptions in the proper functioning of the Application and inadequate provision of the Services, caused by force majeure, in relation to non-Consumer Users,
2. interruptions in the proper functioning of the Application and improper performance of the Services to Non-Consumer Users due to technical or cause-of-service reasons, by which the Service Provider provides,
3. interruption in the proper functioning of the Application and improper provision of the Services due to technical or cause-based reasons by which the User uses the Application, and in particular those who operate the User's Internet connection and the GPS service,
4. The benefits lost by non-Consumer Users.
6. All trademarks and graphics published through the Application are the copyright of their owners.
7. The name of the Application, its logos and Terms and Conditions are the property of the copyright owner or the copyright owner and the copyright owner.
§11 Data processing
1. Zasady przetwarzania danych osobowych i polityki prywatności uregulowane zostały w Polityce prywatności.
2. The Service Provider may collect information for storage locally on the User's device.
5. By entering into a contract, User may authorize the Service Provider to send contractual and performance information, as well as commercial communications, if expressly authorized to do so.
§12 Provisions and amendments to the regulations
1. The regulations come into force within 3 days of its publication
2. Terms of the contract may be changed due to changes in the law of the subject matter of the Service, as well as due to technical or organizational changes related to the services performed by the Service Provider.
3. The amendment of the Regulations is made by publishing its new content in the Application area.
4. Publication of information about the amendment of the Regulations takes place within the scope of the Application, within 3 days before the date of commencement of its new wording.
5. The provider shall send by electronic means information on the amendment of the Regulations, in the event of agreement for an indefinite period.
§13 Final provisions
1. The meaning of capitalized terms is in line with the explanations in the section describing definitions used in the Regulations.
2. If there is no possibility of an amicable settlement of the dispute between the Service Provider and a Non-Consumer or Consumers non-resident on the territory of the Republic of Poland in circumstances where such a possibility is permitted by the provisions of its domestic law, a court competent for the Service Provider's jurisdiction shall be established.
3. For non-Consumer Users or Consumers not residing on the territory of the Republic of Poland in cases where the provisions of their national law permit such possibility, the law applicable to the performance of the contract concluded with the Service Provider and settlement of disputes related thereto shall be governed by the law of the Republic of Poland.
4. The provisions of these Terms and Conditions do not purport to exclude or limit the rights of the Consumer, resulting from the provisions of local law generally.
5. In the case of agreements concluded with the Service Provider, the provisions of the law applicable in the consumer country are not complied with.
6. Should the provisions of the Regulations prove invalid or unenforceable, such circumstances shall not affect the validity and effectiveness of the remaining provisions of the Regulations. Instead of invalid or ineffective provisions there will be a standard corresponding to what the parties have agreed or what they would have agreed upon if they had made such a provision in the Rules.
§14 Definitions used in the regulations
The application is a TruckDriver mobile application administered and managed by the Service Provider and made available to Users.
A consumer is a user who is a natural person and enters into an agreement not directly related to his or her business or profession.
A User Account is a panel that allows you to manage your orders through the Application, provided you register and log in.
These Terms and Conditions are the contractual terms of the Service, which is the provision of the Services electronically by the Service Provider to Users through the Application.
A service is a service provided by the Service Provider to you, on the basis of an agreement between the parties through the Application.
The contract is concluded within the framework of a structured system of distance contracts without the physical presence of the parties.
The service provider is Małgorzata Pobłocka, who runs business activity under the name TD MAŁGORZATA POBŁOCKA with its registered office in Gdynia (81-521) at Al. Zwycięstwa 241 lok. 13 registered in the Central Register and Information on Business Activity maintained by the Minister of Development, under the number NIP 5851123946 and REGON 367420806, being the service provider, administrator and owner of the Application.
You can contact the Service Provider by using the email address: firstname.lastname@example.org.
A user is a natural person, provided that he or she has full legal capacity or limited legal capacity in cases governed by generally applicable laws or if the legal representative is authorized, and a legal person or organizational unit without legal personality. Common law provisions confer on the legal capacity that the Service Provider provides with the Service Provider.
Event is a material fact that may be perceived by you as a threat to your life or health, accident or other circumstance that results in your need for assistance from third parties.
TD, Al. Zwycięstwa 241 lok.13, 81-521 Gdynia, Poland