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TERMS AND CONDITIONS OF THE SERVICE

1. GENERAL PROVISIONS

  1. These Terms and Conditions form a model contract and define the terms, conditions and manner of provision of the Service by the Service Provider to the User. The User must read and accept these Terms and Conditions to take advantage of the Service.
  2. The Service Provider’s time zone is CET (Central European Time).
  3. These Terms and Conditions are effective from.
  4. Terms used in these Terms and Conditions have the following meaning:
    • Application - Service Provider's software available in the Google Play Store or the App Store. The Application is intended solely for the UK market,
    • Account - a set of User rights saved in the Application
    • Terms and Conditions - this document, setting out the terms and conditions for the use of the Service, including in particular the rights and obligations of the User and Service Provider;
    • GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC,
    • Agreement – agreement on the provision of the Service on the terms set out in the Terms and Conditions, concluded electronically between the User and the Service Provider,
    • Service Provider / We / Us – Wotcha Sp. z o.o. (Private limited Company) having registered premises at Ul. Piotrkowska 148/150 18.05 Lodz, identifiable by the following numbers NIP: PL7752476826, REGON: 101420787
    • User / You - a natural or legal person or an organizational unit using the Service under the Agreement that has previously registered and has an Account in Application.

2. TYPE AND SCOPE OF THE PROVIDED SERVICE

  1. The Application allows You to recognize and identify the number of the calling and sending text messages. You can use additional functionalities after paying.
  2. Detailed information on the functionality and prices can be found here XX and in the Application.
  3. You confirm the purchase with the "Buy and pay" button.
  4. Payments may be renewable. If the payment is made for a specified period of time, it is displayed information about the length of time remaining until the end of functionality.

3. TECHNICAL REQUIREMENTS

  1. The Application is intended only for the British market. You must have a British number on the phone to be able to use the Application.
  2. The Application is available on Google Play and the App Store only in the UK.

4. TERM AND TERMINATION OF THE AGREEMENT

  1. The Agreement is entered into upon the User's acceptance of the Terms and Conditions and remains in force until its termination. The agreement is concluded for an indefinite period of time.
  2. The User may terminate the Agreement at any time by deleting the Account.
  3. The Service Provider has the right to terminate the Agreement with immediate effect if the User uses the Service in an unlawful manner.
  4. The User may terminate the Agreement at any time by deleting the Account. Each of the Parties may terminate the Agreement without giving any reason with a notice period (1 month). If the User has active paid services, the notice period is extended until the functionality expires (this does not apply only if the User deletes the Account himself and no longer wants to use the Application).

5. RIGHTS AND OBLIGATIONS OF THE USER

  1. The Service Provider may direct questions about the Service and the Application to technical support: support[@]wotcha.uk .
  2. The User has the right to manage the Service in terms of the functionalities available in the Application as well as the right to access the personal data provided by the User.
  3. The User agrees to:
    • verify in advance whether the technical requirements which need to be met in order to use the Application, including the Service, are complied with,
    • use only personal information which the User has the right to use and update it,
    • not to undertake any actions which are inconsistent with generally applicable laws or good practices or which violate personal rights of other Users, third parties or legitimate interests of the Service Provider, other Users or third parties,
    • not to use the Application and the Service in a manner which is contrary to good practices or infringes personal interests of third parties and/or legitimate interests of the Service Provider,
    • not to take any actions which may hinder and/or disrupt the operation of the Application and the Service,
    • use the Service within the limits of the law and for their intended purposes,
    • not to generate an excessive or disproportionate load on the connections and other infrastructure used to provide access to the Application.
  4. As part of the Service, it is forbidden to use any software/scripts unauthorized by the Service Provider, in particular those which disrupt and/or make in any manner the use of the Service automatic, such as viruses, bots, other harmful software, etc.
  5. The rights and obligations of the User must not be transferred to other Users and/or third parties. This means that the User may not transfer/sell/dispose of the User's rights under these Terms and Conditions to another party. The Service Provider is the sole entity authorized to provide the Service to the User.

6. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

  1. The Service Provider may ask the Users for their opinions and level of satisfaction with the Service and customer support.
  2. The Service Provider may analyze the use of the Application, in particular by collecting anonymous information allowing to improve it functionally and technically.
  3. The Service Provider has the right to analyze the use of the Application, including the Service, and to prepare reports and statistical analyses as well as use them in commercial activities (they do not contain personal data).
  4. The Service Provider has the right, at the Service Provder's own discretion, to change the properties and functionalities of the Service and/or the used software, with the proviso that this will not reduce the quality of the Service provided to the User.
  5. The Service Provider reserves the possibility of temporary unavailability of the entire Service or its part for technical reasons, in particular due to the maintenance or implementation of changes in the Application and/or Service. The Service Provider will make every effort to ensure that this unavailability is as least inconvenient for the Users as possible.
  6. The Service Provider undertakes to make every effort to ensure proper provision of the Service on a continuous and uninterrupted basis.

7. PERSONAL DATA

  1. The User’s personal data are processed:
    • in accordance with the regulations on personal data protection applicable in the UK and the European Union,
    • on the basis of Article 6(1)(b) of the GDPR (legal basis), to the extent and for the purpose necessary to establish and shape the content of the Agreement as well as amend or terminate it and/or for the proper performance of the electronically provided Service,
    • on the basis of Article 6(1)(f) of the GDPR (legal basis), to the extent and for the purpose necessary to pursue the legitimate interest of the Service Provider as data controller, if such processing does not violate the rights and freedoms of the data subject. The legitimate interest consists in the complaint handling or a technical notification.
  2. As part of the Service, the Service Provider processes data given by the User, such as: phone number or other data provided by the User. Other data displayed by the Application are described in the Privacy Policy.
  3. The User has the right of access to and rectification or erasure of personal data or restriction of its processing, the right to object to the processing, the right to file a complaint with the supervisory authority, as well as the right to data portability. The supervisory authority in the UK is the Information Commissioner Office.
  4. The User's personal data will be processed for the term of the Agreement and after this period for the purposes of establishing, seeking or settlement of possible claims. More information is in Privacy Policy.
  5. Only authorized employees of the Service Provider or processors providing services to the Service Provider may be recipients of the data.
  6. The Service Provider reserves the right to make the User’s personal data available to entities authorized under applicable legal regulations: law enforcement agencies, public administration offices, courts or other entities authorized to gain such data under legal regulations, to the extent and for the purposes required by those entities and legal regulations.
  7. The Service Provider has appointed a Data Protection Officer. You can contact by e-mail

8. COMPLAINTS

  1. Complaints should be submitted within 30 days of detecting a fault (e.g. malfunction of the Service) by e-mail to the following address: [email protected] The complaint should include:
    • User's ID,
    • description of the irregularity as accurate as possible (including time and place of its occurrence),
    • indication, if possible, how the complaint should be handled.
  2. The complaint is handled at the earliest possible date, however no later than within 14 days.
  3. The day of filing the complaint is the day on which the Service Provider receives the complaint notice.

9. LIMITATION OF LIABILITY

  1. The Service Provider is not liable for:
    • personal data provided or incorrectly entered by the User,
    • User's inability to access the Internet or phone network or limitations in availability (the Service Provider does not offer Internet or mobile network access services),
    • limitations and/or and malfunctions of the software or devices belonging to and used by the User, which prevent the User from using the Service. In §3 of the Terms and Conditions, the Service Provider defined technical requirements necessary for the proper operation of the Service,
    • damages incurred and profits lost by the Users and/or third parties, caused by the disclosure of the data to the Account,
    • damages incurred and profits lost by the Users and/or third parties, caused by the actions or omissions of these Users and/or third parties, in particular by using the Service in a manner inconsistent with the applicable legal regulations and/or the Terms and Conditions,
    • damages incurred and profits lost by the Users and/or third parties, caused by the actions and/or omissions of third parties,
    • damages incurred and profits lost by the Users and/or third parties, which were not caused by the Service Provider’s intentional action.
  2. The Service Provider:
    • only stores the User's data and enables its transmission by Your telephone,
    • does not modify data entered by the Users,
    • should the Service Provider receive an official notification or become aware, in a reliable manner, about the unlawful nature of the data made available by the User, the Service Provider will contact the User in order to clarify the case, and will act in accordance with the Terms and Conditions as well as legal regulations.

10. FINAL PROVISIONS

  1. The Service Provider makes the content of the Terms and Conditions available before downloading the Application on a durable medium. The User may save or print the Terms and Conditions that apply to him.
  2. The Terms and Conditions may also be made available in a different manner, upon individual request of a person, if such a person encounters problems in displaying or reading these Terms and Conditions.
  3. The Service Provider reserves the right to amend the Terms and Conditions.
  4. The User will be notified about any material change to the Terms and Conditions at least 14 days prior to the planned entry of the change into force. In the event of a change to the Terms and Conditions , information will be displayed in the Application.
  5. The price change applies only to new services, i.e. services that you do not have active. Changing the price does not affect the functionalities you have purchased. Only when you use the functionality and want to buy it again, you can do it at the new price. The same is true for the functionality durations.
  6. In the case referred to above, the User will have the right to terminate the Agreement until the planned entry into force of the new Terms and Conditions. Failure to report the intention to terminate the Agreement or failure to terminate the Agreement within the above time limit will be deemed as the User’s consent to the continued operation of the Agreement in accordance with the new Terms and Conditions.
  7. Changes that do not breach the existing Agreement will not be considered to be a substantial amendment to the Terms and Conditions.
  8. In matters not regulated by these Terms and Conditions, the relevant provisions of British law and/or provisions applicable at the place of residence of the consumer will apply.
  9. Should any provision of these Terms and Conditions be changed and/or invalidated as a result of a final court’s decision, the remaining provisions will remain in force.
  10. The Service Provider declares its willingness to resolve any disputes amicably, including by Alternative Dispute Resolution. In such a case, please submit complaints via the following web page: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL . The authorized entity to which the complaint may be submitted depends on the consumer's choice. The register of such entities in Poland along with their contact details and website addresses is available at the following address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php Any disputes between the Service Provider and the User that is not a consumer will be settled by the court having territorial jurisdiction over the registered office of the Service Provider.
  11. The Privacy Policy is an integral part of the Terms and Conditions.