Roksati

Terms of Telecommunication Services

Terms and Conditions

 

  1. General provisions 

 

  1. These Terms and Conditions set out the general terms and rules concerning the making available
    to Users and the use by Users of paid digital services offered by electronic means by: Roksati.pl

referred to in these Terms and Conditions as the Organiser.

  1. The service is available to mobile phone users who are subscribers of the following telecommunications service providers:
  2. Orange Polska S.A. (Orange network), 
  3. Polkomtel sp. z o.o. (PLUS network), 
  4. T-Mobile Polska S.A. (T-Mobile network),
  5. P4 sp. z o.o. (PLAY network),

hereinafter referred to as the Operators, provided that the above-mentioned Users are able to use
telecommunications services without restrictions that could affect the availability of the service, and have access to the Internet and the ability to use direct billing services.

  1. When using the service, the User is obliged to comply with the applicable provisions of law, the provisions of these Terms and Conditions and good practice, in particular
    with regard to the use of the Internet and – where applicable – with the terms and conditions of the direct billing service of the given Operator. 
  2. Each User, upon joining the service (by initiating the activation procedure and by the activation itself), acknowledges and accepts the terms of these Terms and Conditions and, where applicable, the terms of any additional accompanying terms and conditions made available together with the service, including terms and conditions drawn up by the Operators (concerning the direct billing service).
  3. The terms used in these Terms and Conditions have the following meanings:
  4. a) Product – all types of multimedia / digital products (content) containing content supplied by the Organiser and ordered (activated) by the User
    using the direct billing service,
  5. b) Service / Access Service – the service of obtaining access to the Product, performed / supplied / made available by the Operator on the terms set out in separate terms and conditions published by the Operator (and in their absence – on the terms set out in these Terms and Conditions) using the direct billing mechanism;
    within the Access Service (which is payable and settled by the Operator), the User, by means of digital access tools, acquires access to the Product offered by the Organiser, whereby the Organiser does not charge the User any further fees in connection with making the Product available to the User or with the use of that Product,
  6. b) Activation – activation of the Access Service, resulting in access to the Product being obtained, performed via the Platform and consisting in the User entering on the Platform (the Organiser's website / application) the User's mobile phone number and then confirming the activation with a PIN code received by the User via an SMS message sent by the Organiser / Operator to the User's mobile phone,
  7. d) Platform – the website www roksati.pl or the relevant mobile phone application, administered / used by the Organiser, which enables Activation to be performed.
  8. The service is available within the territory of Poland.
  9. The service is addressed to adults.
  10. The service is active 24 hours a day, 7 days a week.
  1. Registration and access / deactivation

 

  1. In order to use the Product, the User provides their telephone number (MSISDN number) via the Platform (website or application).
  2. Minimum technical requirements necessary to be able to use the Platform:
  3. a) via a smartphone – active access to the Internet, a mobile phone with a SIM card.
  4. b) via a desktop computer – active access to the Internet, a mobile phone with a SIM card.
  5. The User then confirms the Activation by entering in the form on the website / in the application the PIN code (which is also the password) received by their electronic device from the Organiser / Operator, unless such code is automatically imported by the User's device directly into the application, provided that the application automatically recognises the User's telephone number.
  6. The PIN code will be sent to the User in an SMS message immediately after the User starts the activation process and enters their telephone number. The cost of sending an SMS message is in accordance with the Operator's price list for a standard SMS message.
  7. The order for access to the Product is confirmed by the User selecting the "Order and pay" button (or a similar one). 
  8. Before performing the Activation, the User is obliged to read the content of the terms and conditions made available, including these Terms and Conditions, and to confirm having read
    the above-mentioned materials by ticking the appropriate box in the form intended for Activation.
  9. By ticking the appropriate box in the activation form, the User additionally confirms that they have been informed that, after the performance has been completed (with the User's consent), they will lose the right to withdraw from the agreement, and also confirms that, given that the subject of the performance is digital content not supplied on a tangible medium, and given that the performance will begin with the User's express consent before the expiry of the withdrawal period, they will lose the right to withdraw from the agreement (Article 38(1) and (13) of the Act of 30 May 2014 on Consumer Rights).
  10. Performing the Activation constitutes at the same time consent to the User being charged the relevant fee calculated by the Operator and added to the User's telephone bill. In connection
    with obtaining access to the Product through the Access Service, the User will not be charged any additional fees by the Organiser.
  11. Successful completion of the Activation is confirmed by an appropriate SMS sent by the Operator to the User's telephone number. The Operator has the right, but is not obliged, to send SMS messages informing that the Activation has not been successfully carried out (completed).
  12. The User is responsible for any errors made by them in the course of the Activation or of cancelling the Service, including providing an incorrect telephone number, entering an incorrect PIN code and similar mistakes.
  13. Where the Organiser has provided for such a possibility, access to the Product may also be obtained using other forms of payment, including, for example, premium-rate numbers (with increased charges), the BLIK mobile payment system, online bank transfers, the PayPal virtual wallet system, mobile payments, etc.; in each such case, the rules of access to the Product are set out in separate terms and conditions.
  14. The User bears sole responsibility for the financial consequences of any unauthorised use of the telephone by members of their household, minors or other third parties, resulting in the activation of the Access Service and/or the use of the Product.
  15. The Organiser shall not be liable for interruptions in the operation of the infrastructure of third parties (including the Operators) or for the improper operation of such infrastructure, including the Access Service.
  16. The service is available from the moment the Activation is finalised.
  17. If the service is not of a one-off nature, it may be deactivated by sending a deactivation SMS with the text XXX to the number YYY. The message deactivating the service must in every case be sent from the mobile phone from which the service was ordered.

 

III. Charges

  1. The prices for the Access Service are presented on the Platform at the time of Activation and may differ depending on the type of Product and on the Operator whose network the given User uses.
  2. The Organiser is not a settlement agent and does not carry out settlements with Participants. All settlements are carried out by the Operators.
  3. Fees are collected by the Operator by charging the User's telephone bill – in the case of a post-paid (subscription) phone, or by deducting the fee from the subscriber's account balance – in the case of a pre-paid phone.
  1.  Liability
  1. The Organiser acts with due diligence to ensure that the Product provided is of a high quality standard. 
  2. The Organiser shall not be liable for the operation of the Access Service. In this respect, any complaints should be addressed to the Operator.
  3. The Organiser shall not be liable for any problems related
    to the functioning of services provided directly by the Operators or services of providers of ICT networks, including the improper functioning of the Internet, or for any delays in the provision of services caused by force majeure.  Force majeure shall be understood as an event affecting the Organiser which it could neither foresee nor prevent, even when acting with due diligence,
    in particular such as: strikes, fires, natural disasters, pandemics, failures of telecommunications networks. 
  4. While using the Service and the Product (including during the activation of services), the User is obliged to use only their own, true personal data. The Organiser shall not be liable for any consequences of Users using untrue data.
  5. The Organiser has the right to cease providing the Service – at the request of the Operator or of competent authorities. 
  6. It is prohibited to use the Service and the Product in a manner that violates applicable legal provisions, generally accepted moral standards or good practice, or in a manner that is offensive or violates the dignity of any person. In particular, the User may not: a) by their actions violate applicable law or the rights of third parties, b) interfere with the ability of other Users to use the Service or the Product; c) infringe the intellectual property rights of the Organiser or of third parties; d) use the Service or the Product in a manner that may, in particular, disrupt the proper functioning of the content offered therein; e) use malicious software which may, in particular, interfere with, distort or block the operation of the original software.  
  7. The Organiser reserves the right to block access to the Service or the Product for any User if it is found that the User has violated the provisions of these Terms and Conditions. In such a case, the Organiser shall not bear any liability for damages towards such User.
  8. The User has no right to supply any unlawful content in connection with access to or use of the Product, the Platform or the Access Service. The User also has no right to use the service / services in order to download content of an unlawful nature,
    in particular content infringing copyright law or whose dissemination or distribution constitutes a breach of generally applicable provisions of law. The User bears sole and personal responsibility for using the Service or the Product unlawfully or in a manner inconsistent
    with these Terms and Conditions, including criminal and civil liability.
  1.  Complaints

 

  1. Complaints concerning the Products should be submitted to the Organiser in writing – to the address indicated in Section I(1) of these Terms and Conditions, or electronically to the e-mail address: [email protected]
  2. The User should submit a complaint no later than within 30 days of the day on which its cause occurred. Any complaints submitted after this deadline or in a form other
    than that required will not be considered. 
  3. A complaint should contain: a) the User's identification details (the user's first name and surname, address for service, e-mail address), b) the MSISDN number (the User's telephone number through which the Activation took place), c) a brief description of the problem, d) the date and time at which the problem occurred. 
  4. Complaints will be considered within 14 working days of the date of their receipt.
    The Organiser shall inform the User of the outcome of the complaint – at its discretion – in writing or electronically (to the addresses referred to in item 3 above).
  1. Personal data
  1. The controller of the personal data of the Users of the service is the Organiser.
  2. The personal data being processed include the mobile phone number and, where applicable, other personal data required in the activation form to the extent necessary for the conclusion and performance of the agreement, including the use of the Product. Where a complaint is submitted, the personal data processed include the data indicated in Section V(3) of these Terms and Conditions – to the extent necessary to consider and resolve the complaint.
  3. The User's personal data are processed on the basis of:
  4. a) Article 6(1)(b) of 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 (General Data Protection Regulation), hereinafter the GDPR, i.e. to the extent that this is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract,
  5. b) Article 6(1)(f) of the GDPR, i.e. to the extent that processing is necessary for the purposes of the legitimate interests pursued by the Controller, this term being understood as the handling of complaints from persons who are not Users and the direct marketing of the services it provides.
  6. The recipients of the User's personal data may be the Operators as well as the technical aggregator of direct billing services.
  7. For the purposes specified in item 3(a), personal data will be processed until the agreement has been performed and, where applicable, until any complaints related to it have been handled and the limitation period for claims arising from the Agreement has expired. For the purposes specified in item 3(b), personal data will be processed for the period necessary to handle the complaint and until the limitation period for claims arising from it has expired, and otherwise for a period of 5 years.
  8. The User has the right at any time to access their collected personal data and to request their rectification, erasure or restriction of processing, as well as the right to object to their processing and the right to data portability. The User also has the right to lodge a complaint with a supervisory authority.
  9. Providing the data is voluntary, but at the same time it is a condition for carrying out the Activation process and concluding the agreement and, where applicable, a condition for handling a complaint.
  10. Personal data will not be processed in an automated manner, nor will they be subject to profiling.

 

VII.  Final provisions

  1. The basis for drawing up and publishing these Terms and Conditions is Article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means.
  2. These Terms and Conditions enter into force on the date of their publication and are available on the website roksati.pl
  3. The Organiser reserves the right to amend, at any time, these Terms and Conditions
    and the rules and conditions for the provision and functioning of the services set out herein. Amendments to the Terms and Conditions enter into force on the date specified by the  Organiser; however, they do not affect the rules for the provision of services already activated (in progress).