Terms and Conditions for the provision of services by electronic means through the “FEELIN MY SKIN” mobile application
§ 1 DEFINITIONS
Service Provider means András Munkácsi sole proprietor doing business as András Munkácsi s.p., Dunajska cesta 136, 1000 Ljubljana, Davčna številka: 45456470;
Application means the “Feelin My Skin” mobile application.
User means the natural person who downloaded the Application and registered the User Account therein, i.e. the person to whom the Service Provider provides services by electronic means.
Logging in means the process of authentication and authorisation of the Application User, consisting in entering the user identifier and the authentication password in order to gain access to the User Account in the Application.
User Account means a set of resources and rights to which the User is entitled in connection with the downloading of the Application and registering in the Application.
Password means a sequence of alphabetical, digital or other characters known only to the User, enabling him or her to log into the User Account.
Terms and conditions mean the Terms and Conditions for the provision of services by electronic means through the “Feelin My Skin” mobile application.
Mobile device means any (mobile) electronic device that allows for processing, receiving and sending data without the need to maintain a wire connection to the Internet, e.g. a smartphone.
Services mean the services provided by the Service Provider to the User in accordance with the provisions of Terms and Conditions.
Privacy Policy means a document which contains regulations on the protection of personal data made available by the User.
§ 2 GENERAL PROVISIONS
These Terms and Conditions govern the use of the Application.
The Terms and Conditions constitute the terms and conditions within the meaning of Article 8 of the Act of 18 July 2002 on electronic services.
The Service Provider is the sole owner of the Application.
The Application may be downloaded and installed free-of-charge from the on-line store:
Google Play (for Android)
App Store (for iOS).
Downloading and installing the Application from a source other than the two specified above constitutes a violation of the Terms and Conditions.
The following services are provided through the Application:
free-of-charge services
paid services
The Service Provider allows for the possibility of introducing additional paid functionalities when making subsequent updates of the Application. Paid functionalities of the Application will be clearly marked.
The costs of data transmission required for downloading, installing and using the Application are covered by the Application User on the basis of the agreement concluded with the Internet provider. The Service Provider is not responsible for the amount of fees charged for the use of data transmission necessary to use the Application. The Service Provider is not responsible for any limitations on the part of the Internet provider that prevent the correct use of the Application.
§ 3 TECHNICAL REQUIREMENTS
The installation of the Application requires downloading the Application from the Internet store to the User’s mobile device.
The device on which the Application is to be launched must meet the following technical requirements for the operating system:
Android 4.x or higher
iOS 9.x or higher
Access to the Internet is necessary for the launching and proper operation of the Application to be possible.
The use of the Application means that the User has accepted the stipulations of the Terms and Conditions. In the event that the User has not accepted the Terms and Conditions, the Application must be uninstalled.
§ 4 USER REGISTATION
After downloading and installing the Application, the User will be asked to register an individual User Account.
To register the User Account, providing the following data is necessary:
User’s e-mail address
password
The password for the User Account in the Application should consist of at least 8 characters, upper- and lower-case letters, numbers and special characters.
By registering the User Account, the User confirms that he or she has read the stipulations of the Terms and Conditions and the Privacy Policy.
An activation link which confirms completion of the User Account registration process will be sent to the e-mail address provided by the User during registration. The User must click on the activation link or copy it to the address bar of its web browser and then confirm it by pressing “Enter”. After that, a confirmation that the registration process has been completed will be displayed in the web browser and the User will be able to use all functionalities of the Application.
§ 5 TERMS OF USE
The User is obliged to use the Application:
in a manner consistent with the applicable provisions of law, the Terms and Conditions and the terms and conditions of the shops from which the Application was downloaded,
in a manner consistent with the principles of social coexistence, including general rules for using the Internet and mobile applications,
in a manner which is not burdensome for other Users and the Internet provider,
with respect to the personal rights of third parties, in particular the User is not allowed to share any content which is vulgar, violent or inciting to violence, discriminating statements or hate speech.
The User is authorised to use any information and materials made available through the Application only to the permitted extent.
The User is obliged to immediately notify the Service Provider of any infringement of rights in connection with the use of the Application.
The User may discontinue using the Application at any time. The Application needs to be uninstalled for discontinuation of its use to be possible.
In the event the User has been found to commit actions prohibited by the law or the Terms and Conditions, violating the rules of social coexistence or harming the legitimate interests of the Service Provider or other Users, the Service Provider may take proper actions, including restricting the User’s ability to use the Application and the services it provides.
The User uses the Application voluntarily, at his or her own responsibility.
§ 6 COPYRIGHTS
The Service Provider is the owner of the proprietary copyrights to the Application and the content published in the Application, unless otherwise specified in the material published in the Application. The copyrights are protected under the Act of 4 February 1994 on Copyright and Related Rights.
The use of the content published in the Application is not tantamount to the User acquiring any copyright. The User may use this content only to the extent permitted by the Act on Copyright and Related Rights.
Neither a part of nor all of the content used by the User may be reproduced or distributed, in any form or in any other way. The use or exploitation of the content in whole or in part without the written consent of the Service Provider is prohibited.
§ 7 COPYRIGHTS TO THE CONTENT POSTED BY THE USER
The use of the Application enables the User to post textual and graphic content in the Application in the form of photos, descriptions and comments.
By posting any content in the Application, the User declares that:
he or she is the sole owner of the proprietary copyrights or rights resulting from the relevant license, which may be freely disposed of, including by publishing these materials in the Application;
the proprietary copyrights to which the User is entitled do not threaten or infringe the rights of third parties (their proprietary and personal copyrights),
in the event that a third party makes claims arising from a breach of the rights referred to above, the User, as the solely responsible entity, will compensate the Service Provider for the costs incurred in connection with bringing claims for damages against the Service Provider, by releasing the Service Provider from any obligations arising therefrom.
At the time of posting the content in the Application, the User grants the Service Provider a free license to use the materials posted in the Application in whole and in part in all fields of exploitation known to the User and Service Provider at the time of granting the license, in particular to the extent of:
fixing on any medium;
reproducing by any technique including: magnetic technique on video cassettes, audio-visual discs, photosensitive and digital technique including DVD, VCD, CD-ROM, computer recording technique on all types of media adapted to this form of recording, production of copies of the work by specific technique, including printing, reprography, magnetic recording and digital technique;
public performing, exhibiting, displaying, reproducing, including in places with payable access;
the right to market in the country and abroad;
lending, renting or exchanging the media on which the work is recorded;
exhibiting, displaying, transmitting in whole or in any selected fragments using vision and/or wired or wireless audio by any technique – regardless of the system, standard and format by ground station, cable transmission;
transmitting in whole or in any selected fragments via satellite;
integral and simultaneous remission by any other television organisation;
creating foreign language versions;
entering into computer and multimedia network in an unlimited number of broadcasts and volumes;
using on websites;
using in multimedia works;
placing on the market using the Internet and other data communication techniques that use telecommunication, IT and wireless networks;
using any fragments for promotional and advertising purposes;
using all or any of the fragments in interactive services made available in the Internet and other data transmission techniques, including telecommunication, IT and wireless networks;
making changes, abbreviations;
retransmitting and making it available to the public in such a way that everyone can have access to it at a place and time of their choice.
in an unlimited number of broadcasts and volumes.
implementing any number of activities on the basis of materials.
At the same time, the User agrees that the Service Provider exercises and authorises the exercise of derivative copyrights to the materials and authorises the Service Provider to exercise copyright supervision over the use of the materials. To the extent of derivative works created from the materials, the User hereby gives its irrevocable consent to the use of the derivative works to the same extent as the primary work. The Service Provider has the right to transfer its rights in whole or in part to third parties (sublicense).
The User is not entitled to remuneration for granting the above-mentioned license to the Service Provider.
The User has the right to post an unlimited number of materials in the Application subject to the technical capabilities of the Application.
The Service Provider may remove content which it deems to be in conflict with the Terms and Conditions or generally applicable legal regulations without warning and without the need to notify thereof. Persistent posting of content which violates the Terms and Conditions or the provisions of law may result in a restriction of the User’s ability to use the Application.
§ 8 PERSONAL DATA PROTECTION
The Service Provider processes the Users’ personal data through the Application.
More detailed information on the processing of Users’ personal data is included in the Privacy Policy.
§ 9 LIABILITY OF THE SERVICE PROVIDER
The User acknowledges that the Application is a program, the functioning of which is affected by a number of factors requiring the program to co-function with other programs, drivers, web browsers, mobile device resources, networks or infrastructure of telecommunication operators. That includes the device settings made individually by the User and either allowing or not allowing the Application to access the resources of the User’s mobile device.
The User acknowledges the possible occurrence of circumstances affecting the operation of the Application, which are not within the responsibility of the Service Provider and that it is not possible to examine them exhaustively and prevent the Application’s possible malfunctions.
Therefore, no provision of the Terms and Conditions should be read as a guarantee of proper operation of the Application, and the User, despite the absence of such a guarantee, decides to start using the Application on his or her own, bearing in mind, first of all, that the Application has not been designed in such a way as to ensure its optimal functioning on the device owned by the User in the configuration he or she uses.
A malfunction of the Application resulting from other software installed on the User’s device does not constitute grounds for a complaint.
The Service Provider reserves the right to make periodic updates to the Application to ensure its correct functioning, in which case access to the Application or some of its functions may be limited or rendered impossible. The Service Provider will inform the Users about any planned technical breaks through the Application.
The Service Provider reserves the right to interruptions or disruptions in the Application’s operation, i.a. in case of:
technical failures;
modifications, upgrades, development or maintenance of an ICT system, servers or software;
actions or omissions of third parties, which are beyond the Service Provider’s control;
force majeure.
The Service Provider is not liable for damages caused by incorrect use of the Application to the extent that the User has provided false or incorrect data and for the situations indicated in section 1 above.
In addition, the Service Provider is not liable to the User for:
inability or impediments to use of the Application, resulting from reasons attributable to the User, for the User’s loss of his or her Password – including the Password being acquired by third parties (regardless of the method) – for reasons attributable to the User;
damages caused by the User’s actions or omissions, in particular for the User’s use of the Application in a manner inconsistent with the applicable laws or the Terms and Conditions;
lack of possibility to use or hindered using of the Application, or for reasons attributable to the Service Provider, provided that such lack of possibility to use or hindered using of the Application exceed 5 Business Days in a given month.
The content provided by the Service Provider and the Users does not constitute a medical consultation. The User uses the advice at his or her own responsibility. All information in the Application is of an educational nature and does not replace an individual medical consultation with a physician or other specialist, nor does it constitute a recommendation for any specific treatment. The information in the Application cannot be used as the basis for a diagnosis, treatment or medical opinion. In any case, for the User’s safety, the Service Provider recommends consulting a practitioner or a specialist. The Service Provider is not responsible for the User’s compliance with the advice provided in the Application, the User’s disregard of medical consultation or the delay in receiving it due to information available in the Application.
§ 10 WITHDRAWAL FROM THE AGREEMENT ON THE PROVISION OF SERVICES BY ELECTRONIC MEANS CONCLUDED BY THE USER REMOTELY
The User has the right to withdraw from the agreement without giving any reason within 14 days of its conclusion.
The User may submit a declaration of withdrawal by sending a declaration of withdrawal by e-mail to the address: gdpr@feelinmyskin.com
The deadline for withdrawal from the sales agreement is deemed to have been observed if the User sent a declaration within 14 days of concluding the agreement.
In the event of effective withdrawal from the agreement, the agreement is deemed not to have been concluded and a User who is a consumer, is released from all obligations.
The use of the electronic service begins upon acceptance of the Terms and Conditions.
§ 11 COMPLAINT PROCEDURE
Any complaints regarding the use of the Application must be reported within 14 days after any irregularities are identified.
The complaints may be submitted: via e-mail to an e-mail address: gdpr@feelinmyskin.com
The complaint should include:
the content of the complaint,
the contact address to which a response is to be sent,
the name and model of the mobile device on which the problem occurred,
the name and version of the operating system of the mobile device on which the problem has occurred; the version of the operating system should be indicated in as much detail as possible, available in the “Phone information” or similar menu.
The time for processing the complaint and providing feedback is 14 days.
Replies to complaints will be sent by e-mail, post or by telephone using the contact details provided by the claimant in the complaint form.
§ 12 FEES FOR THE USE OF THE APPLICATION
Downloading, installing and using the Application resources is free-of-charge.
The Service Provider reserves the right to introduce a paid functionality of the Application.
The personal data of Users making payments via the mobile application, to the extent necessary for the payment execution, are entrusted to App Store for iOS devices or Google Play for Android devices.
§ 13 FINAL PROVISIONS
The relevant provisions of Polish law, in particular the provisions of the Civil Code and the Act on electronic services, shall apply in all matters not regulated by the Terms and Conditions.
The Terms and Conditions are available at the following address: https://www.feelinmyskin.com/mobile-app-terms-and-conditions/