Wersja Polska

CONDITIONS AND TERMS OF SERVICE FOR YUMER APP


§1 DEFINITIONS

  1. App – mobile application referred to in these Regulations, available for downloading by the User in web stores: Google Play – available under following link: https://play.google.com/store/apps/details?id=pl.itcraft.yumer and App Store – available under following link: http://itunes.apple.com/app/id1259823431, used for collective comparison of prices, ratings and reviews on eateries, restaurants, bars and cafes which are available in external sources available on the Internet.
  2. Regulations – these regulations on conditions and terms of provision and use of Service and App.
  3. Content – content available for the User on the App. This term includes any information on location, data, text, comments and graphics.
  4. Service – service provided by the Provider with the use of the App, based on terms and conditions specified in the Regulations.
  5. Provider – VELO sp. z o.o. (LLC) with its registered seat in Warsaw, under following address: Górczewska 228/22, 01-460 Warsaw, entered into Register of Entrepreneurs of National Court Register in District Court for capital city of Warsaw under KRS (NCR) no.: 603114, NIP (Tax no.): 5223054797, REGON: 36376438, with a share capital of 5.000,00 PLN.
  6. User – a natural person using the Service on conditions and terms specified in the Regulations.

§2 GENERAL PROVISIONS

  1. These Regulations define conditions and terms of use of the Service by the Users through the App.
  2. The App is used for collective comparison of prices, ratings and reviews on eateries, restaurants, bars and cafes (hereinafter referred to as „the Premises”) made available in the external sources available on the Internet. The App presents data regarding the Premises (addresses, names, contact data – including phone number and website address), reviews of the Premises and ratings of the Internet users, as well as photos of the Premises. Content available in the App is not created by the Users, but automatically downloaded from external sources available on the Internet.
  3. The Provider reserves the right to display ads within the App and manipulate the order of search results displayed by the App.
  4. By gaining access to the App or using the App in any way, in particular by using the Service, the User agrees on conditions and terms defined in the Regulations and undertakes to respect them.
  5. In the absence of the acceptance to any provisions of the Regulations, the User is obliged to refrain from using the App.
  6. The Provider is entitled to change the content of the Regulations any time and in its sole discretion – to the extent permitted by the law.
  7. The User will be informed immediately of any change of Regulations by a welcome message displayed in the App.
  8. The Provider may make the possibility to use the App conditional on prior acceptance of updated version of the Regulations.
  9. Use of the Service is always subject to the Regulations in the version which is current at the moment of use.

§3 TERMS OF USE

  1. The User is obliged to use the Service in accordance with the provisions of the Regulations, laws, rules of social coexistence, in the way that does not infringe rights and legitimate interests, in particular reputation, of the Provider or any third parties. It is forbidden in particular to send any content which is illegal or immoral to Provider or any third parties.
  2. The App is constantly developed to ensure the best possible comfort of use to the Users. The User accepts that both form and character of the App may change (eg. the APP's layout, scheme and functionality).
  3. The User is not authorized to copy, duplicate, decompile or place on the market the App in whole or in any part.
  4. The User will not be charged for use of the Service, nevertheless it shall be taken into consideration that:
    1. The App's use requires connection with Internet, hence the User shall bear the cost of Internet connection according to the price list of the provider of Internet connection.
    2. The App contains links to third-party websites – the use of any services or materials on these websites may result in necessity to bear fees charged by third parties.
  5. The Content in the App may be protected by intellectual property rights of third parties. The User is not authorized to copy, modify, place on the market or disseminate any Content available in the App.
  6. The technical conditions required to use the full functionality of the App are:
    1. availability of a mobile device, such as: smartphone or tablet with installed Android operation system version 4.0.3 or newer or iOS version 8 or newer.
    2. availability of Internet connection;
    3. inclusion of cookies in the web browser used by the User;
  7. The User may not use the App in a manner which results in overload of the App or Provider's servers or in any other way than via a web browser.
  8. The User may not use the software automatically retrieving the content of the App.
  9. In the case of use of the App in a manner inconsistent with these Regulations, the Provider may block the User's access to the App. The User can appeal against such an action of the Provider in a manner specified in §9 section 1 below. The Provider undertakes to consider the appeal within 14 days. In particularly justified cases this period may be extended to 30 days of which the User will be informed.
  10. The User may refrain from using of the App at any time and uninstall the App from the User's mobile device.

§4 LICENCES

  1. Content made available with the App comes from three following sources: (1) facebook.com, (2) google.com, (3) foursquare.com.
  2. Content made available with the App is not available for sale. No fees are charged by the Provider for use of the Content.
  3. The entire Content placed in the App is accompanied by a logo and a link to the source from which it is delivered. The Content is stored by the Provider in the Provider's database only as a reference to the source records.
  4. The Provider strives to make the Content which is available in the App up to date.
  5. Links to the license terms based on which the Content is provided are placed in the „About” tab in the App.
  6. The Provider has no influence on the Content, is not the owner, the author or the administrator of the Content. Any inquiries and reservations regarding the Content shall be addressed to the Content's source which is indicated by the App.

§5 EXTERNAL LINKS

  1. The App contains external links to the websites, in particular to the external sources listed in §4 section 1 above.
  2. The Provider bears no liability for content available under external links referred to in §5 section 1 above.
  3. The Provider bears no liability for availability or proper functioning of the external sources linked in the App.
  4. The Provider bears no liability for any malicious software which can be retrieved by the User while using the external sources linked in the App.
  5. The Provider has no influence and bears no liability for content of the commercials shown within the websites linked in the App. The User does not participate in the production or sale of products and services which may be offered there.
  6. The Provider bears no liability for any losses, except for losses caused by the willful misconduct of the Provider, incurred by the User as a result of using the services available on the websites which are linked in the App.

§6 LIMITATIONS OF LIABILITY

  1. The Provider bears no liability towards the User or any third parties in case of any problems in correct functioning of the App. Any issues on that matter shall be filed to the Provider in a manner specified in §9 below.
  2. The Content available with the App may contain some errors and inaccuracies. The Provider is not liable for any errors and inaccuracies and does not warrant authenticity and accuracy of presented Content.
  3. The Provider does not warrant in any way the quality or usability of the services or products presented with the App and offered by third parties. The Provider shall not be liable under the guarantee, statutory warranty or any other consumer protection rights for services or products purchased by the User in the Premises.
  4. The App presents the Content in its original, unaltered form. The Provider shall not be liable for Content made available by third parties or the User through the App.
  5. The Provider shall not be liable for any acts, omissions, declarations, products or services of third parties which were made available in the App, in particular the Provider shall not be liable for any material or personal damages resulting from use of services or products offered by third Parties.
  6. The above mentioned limitations of liability do not apply to the damages caused by the willful misconduct of the Provider.

§7 PRIVACY POLICY

  1. The Provider does not collect or process any personally identifiable data which may allow the User's identification.
  2. The use of the App is associated with the possibility that the Provider may collect and process data on the location of the mobile device used by the User with the use of GPS technology.
  3. The App uses the network analysis conducted by third parties, ie. Google Analytics – in accordance with the Google Privacy Policy which can be read under following Internet address: https://www.google.com/policies/privacy. Information retrieved in this manner will be transmitted to Google and stored by Google.
  4. The App may also use the so-called „cookies” which shall be recognized as small files saved and stored on the mobile device used by the User, aimed in particular at objectives indicated in §7 section 5 below.
  5. Data collected during the use of the App can be used by the Provider for the following purposes:
    1. the adaptation of the Content presented in the App to the current User's location.
    2. ensuring of the correct functioning of the App.
    3. evaluation and analysis of the User's activity on the App.
    4. production of statistics and reports regarding functioning of the App and User's activity on the App.
    5. optimizing the functioning of the App from the specific User's perspective.
  6. The App may use the following types of cookies:
    1. improving efficiency – gathering information on errors in the functioning of the App encountered by the Users, helping to eliminate such errors.
    2. improving functionality – saving the User's choices made during the use of the App.
    3. advertising – capable of providing ads that suit the User's interests.
    4. necessary for the functioning of the App and specific functionalities of the App.
  7. By using the external links available in the App, the User connects with external websites which may use the cookies independently from the Provider in accordance with the privacy policy of the third party which administers the website.
  8. The User may at any moment block downloading and storing of cookies by changing the settings of the web browser used by the User. Instruction on how to perform this action may be easily found in the Internet by typing in the web browser the phrase „blocking of cookies [the name of web browser used by the User]”.
  9. Any questions regarding this privacy policy shall be addressed to the Provider in a manner specified in §9 section 1 below.

§8 PROTECTION OF PERSONAL DATA

  1. The use of the App does not require disclosure of any personal data of the User.
  2. The User's personal data will be collected by the Provider only in the event of the User's contact with the Provider in a manner specified in §9 below and only to respond on correspondence received from to User and to archive this correspondence.
  3. User's personal data will be processed by the Provider as required by law, in particular the Act on protection of personal data dated on 29th of August 1997.
  4. The User whose personal data is processed by the Provider is entitled to access this data, demand its deletion or revision. The Provider is entitled however to archive the correspondence received from the User.
  5. Provision of personal data by the User is voluntary but the lack of provision of: (1) first name, surname and correspondence address – in case of correspondence sent in a manner specified in §9 section 1 pt (a) below or (2) e-mail address – in case of correspondence sent in a manner specified in §9 section 1 pt (b) below, will prevent the Provider to respond on correspondence received from the User.

§9 CONTACT WITH THE PROVIDER

  1. The Users may contact the Provider in following manner:
    1. by post – by letter sent by post office or courier firm on the registered address of the Provider's office indicated in §1 section 5 above; or
    2. by e-mail – by e-email message sent on e-mail address: terms@yumer.eu.
  2. Any issues in functioning of the App, breaches of these Regulations, reservations and inquiries regarding these Regulations or functioning of the App shall be filed by the Users in a manner specified in §9 section 1 above.
  3. The Provider will strive to respond on any inquiries or reservations reported by the Users, in particular to respond on the issue reported by the User within 14 days from receiving the message from the User or, in particularly justified cases – within 30 days and after informing the User about longer response deadline.
  4. The Provider reserves the possibility to leave the correspondence unanswered if:
    1. it shall be recognized as a spam;
    2. it will not be related to the App or the Regulations;
    3. it will contain vulgarisms or content contrary to law;
    4. it was answered earlier to the User or answer to which may be easily found in the App or in the Regulations;
    5. it does not contain address data of the sender;
    6. it is unreadable;
    7. it was filed in language other than Polish or English;
    8. it was sent via e-mail together with any malicious software;
    9. it shall be recognized as not requiring to be answered in view of the possibility to use the App or answer to which shall not be required by the provisions of generally applicable law.

§10 FINAL PROVISIONS

  1. Provisions of these Regulations and use of the App are subject to provisions of Polish law - to the maximum extent permitted by law.
  2. These Regulations were drafted bilingually – in Polish and English. In case of any discrepancies between those two versions, the Polish version shall prevail.
  3. These Regulations are available continuously in the Provider's website under the following address: http://yumer.eu/terms-of-use-pl.html and http://yumer.eu/terms-of-use-en.html.
  4. These Regulations enter into force on 1 September 2016.
  5. In case any provision of these Regulations shall be found contrary to the mandatory provisions of the law, these Regulations shall remain in force in the remaining part.