REGULATIONS OF COLLECTOMATE APPLICATION
General provisions
Art. 1
1. The owner of the Application and the rights to the Application, including proprietary copyrights to the Application, all names, trademarks, logos and other marks used in the Application and in connection therewith is the service provider, i.e. COLLECTOMATE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ [a limited liability company]
2. The Application operates pursuant to the Regulations. The Regulations settle the principles of using the Application and the Services provided via the Application and it constitutes the contents of the agreement concluded between the User and the Service Provider for Services provision. The Regulations determine:
(a) types and scope of Services referred to in the Regulations;
(b) terms and conditions of Service provision including:
• technical requirements necessary for the Application to work;
• ban on providing unlawful contents by the Users;
(c) terms and conditions of concluding and terminating agreements for Services referred to in the Regulations;
(d) complaint procedure as regards the Services;
(e) principles of using the Application, including the rights and obligations of the Service Provider and of the Users resulting from using the Application and the Services.
3. The Users using the Application are obliged to follow the Regulations from the moment they start using any of the features of the Application, including from the moment of downloading the Application. By starting to use the Application, in particular the Services or by getting access to the Application or Services, the User accepts the Regulations.
Art. 2
The Service Provider’s Data is the following:
(a) Name: COLLECTOMATE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
(b) Registered office and address: ul. Św. Teresy od Dzieciątka Jezus 100, 91-341 Łódź;
(c) Registration body, register, registration number: District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register, Register of Entrepreneurs of the National Court Register, KRS number: 00007144802
(d) Tax Identification Number /NIP/: 9471994861;
(e) Business Statistical Number /REGON/: 369288788;
(f) E-mail address: support@collectomate.io;
(g) Website: www.collectomate.io
Art. 3
1. The Application is an IT software aimed at using the functionality of the Collectomate by the User who is a subject sending or receiving parcels using the Collectomate. The User understands and accepts that the Application is aimed at using the functionality of the Collectomate directed to the User as a person sending or receiving parcels using the Collectomate; in particular, the Application does not operate functions directed at the Collectomate Supplier, Deliverer and Support. The User also understands and accepts that certain features of the Application and, as a consequence of the Collectomate, are available, in cases provided for in the Regulations, only after the Deliverer of the Collectomate authorizes a User with the Authorization.
2. The Service Provider provides the following Services:
(a) Account
(b) Providing access to Contents, including access to the Application and its functionality
(c) Delivery Order
(d) Operating the Collectomate Features.
Glossary
Art. 4
Expressions used in the Regulations and spelt with capital letters shall have the following meaning:
1. Regulations – this document available in the Application and provided to the User before downloading the Application, i.e. the Regulations of the Application settling matters referred to in art. 1 clause 2 hereof,
2. The Application – IT software for a mobile device: smartphone or tablet, used to cooperate with the Collectomate, via which the Service Provider provides Services;
3. Service Provider – Collectomate Spółka z ograniczoną odpowiedzialnością with its seat in Łódź,
4. User – any entity which starts to use the Application (smartphone version), including Services, including starts to download the Application,
5. Customer – a natural person concluding a legal act with the entrepreneur, i.e. with the Service Provider, which is not directly connected with its business or professional activity,
6. Services – the Application and all functionalities of the Application and all activities which may be performed in the Application or via the Application, including those indicated in Art. 3 clause 2 of the Regulations provided via the Application by the Service Provider for the Users and constituting electronic service provision as understood in the Law on electronic service provision, i.e. provision of services without simultaneous presence of the Parties (remote), by transfer of data at the individual request of the Service User, provided and received using electronic devices meant, among others for digital compression and data storage, which is in full broadcasted, received or transmitted using telecommunications network as understood in the Law of 16 July 2004 – Telecommunications Law,
7. Account – one of the Services which comprises a set of resources provided for the User in the Application under a unique name (login) where the User’s data is collected as well as information on the User’s activity in the Application. Using the Account service is necessary in order to use any other Services, subject to further requirements determined in the Regulations,
8. Contents – all substantive contents of the Application,
9. Providing access to Contents – one of the Services consisting in providing access to digital content not recorded on a tangible carrier which allows the Users to get familiar with Contents, including contents also available in the Application,
10. Collectomate – a technical device equipped with appropriate software which is an integrated system of automatic sending/receiving lockers provided by the Collectomate’s Supplier,
11. Collectomate’s Supplier – any entity which provides the User with access to a Collectomate and enabling the User to use the Collectomate in the place where the Collectomate is located, e.g. an employer, or the owner or administrator of the real estate where the collectomate is located,
12. Delivery Order – order of parcel service to a Collectomate placed by a User in the Application (smartphone) or by Deliverer (tablet). The Delivery Order includes data necessary to execute the delivery of the ordered parcel to a particular Collectomate, including phone number provided by the User,
13. Deliverer – an entity providing parcel delivery services authorized by the User, who created a Delivery Order or delegated Delivery Order creation to Deliverer, to deliver a parcel to the Collectomate,
14. Support – technical and organizational support provided by the Collectomate Supplier available at the place of locating the Collectomate, assisting people using the Collectomate including Users and persons acting on behalf of the Deliverer.
15. Delivery Key – a unique sequence of signs generated by the User placing a delivery order transferred to the Deliverer. The Deliverer uses the Delivery Key in order to place the User’s parcel in the Collectomate,
16. Authorization – the procedure of authorizing the User to use all the features of the Collectomate via the Application used by the Collectomate Supplier via a system provided to the Collectomate’s Supplier by the Service Provider. Authorization includes subscribing a User to a Collectomate which he or she shall be entitled to use.
17. Operating the Collectomate Features – one of the Services consisting in making available the functionality of the Application utilized by the User to use the Collectomate within the scope of Collectomate’s features directed to the User.
18. The Law on providing services electronically – the law of 18 July 2002 on providing services electronically (Journal of Laws Dz.U.2013.1422, consolidated text, as amended).
19. The Law on customer rights – the Law of 30 May 2014 on customer rights (Journal of Laws Dz.U.2014.827 as amended).
20. The Civil Code – the law of 23 April 1964 – the Civil Code (Journal of Laws Dz.U.2016.380, consolidated text, as amended).
Concluding and terminating the Services Agreement
Art. 5
1. The Agreement on providing Services electronically in the form of a Service consisting in providing an Application shall be concluded at the moment of downloading the Application onto a relevant mobile device of the User. Termination of the agreement on providing a service consisting in providing an application is effectuated at the moment the Application is uninstalled from the User’s mobile device. At the moment of uninstallation of the Application, all Services agreements terminate and the User loses the possibility of accessing the Services.
2. Commencement of using a particular Service occurs at the moment when a given functionality of the Application starts to be used and using the Service stops when the functionality is no longer used, subject to the provisions regarding the Account.
Account
Art. 6
1. The Account constitutes a Service allowing the User to use the full scope of the Application’s functionality and it is necessary in order to be able to use other Services, subject to the provisions of the Regulations regarding Authorization. Within the Account Service it is possible to record on the Account all and any data on the User and activities performed by him or her within the Application. It is also possible to access so recorded information.
2. Agreement for the Account Service is concluded within the Account Registration procedure referred to in art. 7 of the Regulations.
3. Agreement for the Account Service shall be terminated at the moment when the User uses the available option of deleting the Account or at the moment when the Service Provider deletes the Account pursuant to the Regulations.
Account registration
Art. 7
1. Account registration procedure is made in the following way and pursuant to the following principles:
(a) Users provide data necessary for registration as indicated in the registration form;
(b) Within the procedure of Account registration, the User provides a unique login and password used to log on the Account;
(c) Within the Account registration procedure it is possible to make appropriate declarations available within the registration form;
2. The Account registration procedure is finalized at the moment when the User receives a notification on completing the Account registration procedure.
Providing access to Contents
Art. 8
1. Providing access to Contents allows Users to get familiar with Contents available within the Application.
2. Providing access to Contents, including access to the Application, constitutes provision of digital contents not recorded on material carriers.
Delivery Order
Art. 9
1. Using the Application, the User holding an Account who was granted Authorization by the Collectomate Deliverer may create a Delivery Order. Along with the Delivery Order, a Delivery Key is assigned. The created Delivery Order together with the Delivery Key shall enable the Deliverer who gets them to provide the service of parcel delivery to a Collectomate for the User who had placed the Delivery Order.
2. Delivery Order may also be created by Deliverer in tablet Application installed in Collectomate device, indicating necessary data identifying the recipient, who may be an Application User.
3. The Delivery Order together with the Delivery Key may be transferred by the User pursuant to the functionalities available at the seller or another entity by which the User completes the activities aimed at parcel delivery or directly to the Deliverer for the purpose of parcel delivery, subject to clause 4.
4. The Delivery Order has a determined validity period individually compiled for a particular Collectomate Supplier. After the lapse of such a period, the Delivery Order may not be used. Possible sending of the parcel using the Application feature requires placing a new Delivery Order.
5. When creating a Delivery Order and submitting it together with the Delivery Key to Deliverer or delegating Delivery Order creation to Deliverer, the User accepts that they authorize the Deliverer to make a parcel delivery using the Collectomate, pursuant to the Delivery Order and transfers to the Deliverer data included in the Delivery Order.
6. The User also has the option to commission picking up and sending the parcel via Support. In such a case the User authorizes Support to collect the parcel on behalf of the User and transfer it in a standard way used by the Support and the Collectomate Supplier, which the User accepts.
Operating the Collectomate’s Features
Art. 10
1. Within its functionality the Application enables the User to use the Collectiomate, subject to clause 2, in the form of:
(a) Incoming delivery, which enables the User to collect a parcel delivered by the Deliverer to the Collectomate on the basis of a Delivery Order;
(b) Personal cubby, which enables the User to use the Collectomate as a private storage cubby.
2. Pursuant to clause 1, in order to use the Application, it is necessary to have an Account and a relevant Authorization.
3. The User understands and accepts that the Application can be used only to open the Collectomate boxes (cubbies) in the modes referred to in pt.1. The Service Provider does not deliver the Collectomate and is not responsible for its failure to work according the features referred to in clause 1 due to reasons independent from the Application.
4. By generating and submitting the Delivery Order, the User enables the Deliverer to deliver the parcel to a Collectomate. Delivery to a Collectomate may not be possible if there are no available/empty cubbies at the moment of delivery. The User is informed about the fact that there are no free cubbies in the Collectomate via a notification in the Application. The fact that a User generated a Delivery Order does not guarantee that a Collectomate box (a cubby) will be available and is not equal to its reservation.
5. The Deliverer may cease the process of delivery to a Collectomate and serve the parcel in a traditional way, including via the Support. The User is informed about the situation referred to above by a notification in the Application.
6. The Deliverer has a possibility to change the Collectomate box while completing the order (e.g. for a bigger one or in a situation when a given box is damaged).
7. The Deliverer completes the process of delivery of a parcel to a Collectomate pursuant to a Delivery Order by putting the parcel inside a Collectomate box, locking the box and confirming the fact of delivery on the Collectomate screen. The User is informed about a successful completion of parcel delivery in a manner described hereunder, by a notification in the Application. After a successful completion of parcel delivery referred to herein, the Deliverer may download an electronic confirmation of delivery completion.
8. When delegated by the User, Delivery Order may also be created by Deliverer, indicating necessary data identifying the recipient, who may be an Application User.
9. The Deliverer has determined time for closing the delivery upon approaching the Collectomate. If after the lapse of this period of time the delivery status is not complete, the delivery changes its status for “requires checking”. Support is notified about this fact and they may undertake appropriate actions, including they may complete the parcel delivery process.
10. After positive completion of parcel delivery to Collectomate, the User who created the Delivery Order receives a relevant notification on the Application. From then on the User shall have some determined time to collect the parcel, which is set individually for particular Collectomate Suppliers. If the parcel is not collected upon the lapse of this period, it receives the status “not collected” and both the User and Support are informed about it by a relevant notification in the Application. Under such circumstances, Support may take appropriate actions, including they may empty the Collectomate box (cubby) and restore it for using and deliver the parcel to the User in a standard way.
11. The User understands and accepts that as soon as the Deliverer confirms parcel delivery in the way referred to in clause 7 and 8, parcel delivery is deemed effectively complete and performed for the User. At the moment of generating a Delivery Order and its using for ordering a service of parcel delivery to a Collectomate, the User authorizes Support to provide support services referred to in the Regulations, including endorsing parcel delivery/collection.
12. The User understands and accepts that in its current version the Application enables access to features referred to in clause 1. Following changes in the Application and changes in the Regulations, the Service Provider has a possibility of introducing access to new features, including access to a Collectomate for the purpose of providing the service of outgoing deliveries.
Principles of Using the Application
Art. 11
1. It is prohibited for the Users using the Services to provide contents of unlawful nature.
2. Pursuant to the provisions of the Law on electronic provision of services, the Service Provider:
(a) shall not be held liable for storing data if they are not aware of the unlawful nature thereof or unlawful nature of the business connected with the data; if an official notification is received or a credible information is obtained concerning the unlawful nature of data or the business connected therewith, they shall immediately provide access to such data;
(b) who received official notification on the unlawful nature of the stored data provided by the User and did not provide access to this data, shall not be liable towards this User for damages incurred by their failure to provide access to such data;
(c) who received credible information on the unlawful nature of the stored data provided by the User and did not provide access to this data, shall not be liable towards this User for damages incurred by their failure to provide access to such data if they immediately notified the User about the intention to refuse access to it.
(d) Is not obliged to check the submitted, stored or disclosed data.
3. The Service Provider, subject to clause 2, shall not be held liable for the Contents placed in the Application by the Users.
4. The Service Provider shall not be held liable for services provided by the Collectomate Supplier not for any actions performed by the Collectomate Supplier. In particular, the User understands that the Service Provider provides to the User only the service of providing an Application and Services available via it. The Collectomate Supplier is not an entity for whose actions the Service Provider is responsible, in particular they are not the Service Provider’s subcontractors.
5. The Service Provider is not responsible for services provided by the Deliverer, in particular connected with collecting a parcel from the place of its sending, delivering the parcel to a Collectomate and putting it in the Collectomate. The User understands that the Deliverer’s services are provided by the entity offering such services and this entity is not an entity which the User is responsible for, in particular they are not the Service Provider’s subcontractors.
6. The Service Provider is not responsible for the services rendered and provided by Support. Support Services are rendered and provided by the Collectomate’s Supplier pursuant to the principles applied by the Collectomate’s Supplier and at its own responsibility.
7. Taking into account the provisions of clauses 4-6, the User understands and accepts that the Service Provider is not liable towards the User in particular for:
(a) delivery, timeliness of the delivery or failure to deliver the parcel, the course of parcel delivery as well as the condition of the parcel and its collection,
(b) the operations of Support and activities performed by the Support as well as any omissions,
(c) the condition of the Collectomate, its operation or failure to operate,
(d) powers granted by the Collectomate’s Supplier to the User or failure to grant such powers, including the Authorization, its course and granting or refusal to grant to a particular User or a particular Collectomate
(e) availability of free Collectomate cubbies.
Withdrawal from the Agreement
Art. 12
1. Pursuant to art. 27 of the Law on customer rights, the User who is a Customer who concluded an agreement for a Service, including an Application, has the right to withdraw from the agreement for a Service, including a part thereof, subject to clause 3.
2. Instruction on the principles of withdrawal and its consequences constitutes together with a withdrawal form Appendix 1 to the Regulations.
3. The Customer is not entitled to withdraw from an agreement concluded outside a registered office of the company or remotely in the case of the following agreements:
(a) for provision of digital contents which is not recorded on a material carrier, if provision of the service was initiated with explicit consent of the Customer before the lapse of the deadline for withdrawing from the agreement and after being informed by the entrepreneur about the loss of the right to withdraw from the agreement; this point in particular applies to
(b) for the provision of Services, if the Service Provider rendered the service in full with the explicit consent of the Customer and the Customer had been informed before the service was rendered that at the moment of completing the provision of Service they shall lose the right to withdraw from the agreement.
4. Before commencing the provision of Services, the User has the right to make a declaration concerning:
(a) commencement of Service provision before the lapse of the deadline for withdrawing from the agreement;
(b) commencement of providing the delivery of digital contents which is not recorded on a material carrier.
5. The Service Provider informs that after completing in full the provision of Services with explicit consent of the Customer and after the commencement of provision of digital contents which is not recorded on a material carrier with the explicit consent of the Customer, the right to withdraw from an agreement is invalid. The Service Provider informs that by downloading the Application and by starting to use it, the Customer expresses his or her consent to start the provision of digital contents which is not recorded on a material carrier and, therefore, and agrees to lose the right to withdraw from the agreement for Services provision within this scope.
Complaints
Art. 13
1. The User has the right to make complaints regarding Services.
2. Please submit your complaints using the Service Provider’s contact data as referred to in art. 2 of the Regulations.
3. In order to facilitate addressing a complaint, it is suggested that the complaint should include the following information: name and surname, address (street number, zip code, city), contact telephone number, e-mail address, description of order and reason for making a complaint.
4. The complaint submission procedure as described in pts. 2-3 is a suggested procedure and it by no means excludes or limits other acceptable ways of making a claim.
5. Complaints regarding Services are addressed by the Service Provider within 14 days from the day of receiving them. The User shall be informed about the result using personal data provided in the complaint notification.
Technical requirements for using the Application
Art. 14
1. The Application can be downloaded from GooglePlay and AppStore.
2. The Application is meant for mobile phones and other mobile devices operating on the basis of the following operating systems
(a) Android, at least 5 version
(b) iOS, at least 11 version.
3. In order to use the Application and all its features in is necessary that:
(a) the User has a mobile device with an operating system referred to in clause 2,
(b) the User has connection with the Interned in the device mentioned in clause 2.
Final provisions
Art. 15
1. The Application and the activities available in the Application as regards Services are available in Polish and English language. Regulations and Appendices thereto are provided to the User in the Application before concluding an agreement and, at the User’s request, in the form which enables capturing, reproduction and recording the contents of the Regulations and the Appendices via an ICT system used by the User, in particular by downloading, copying, saving and printing.
2. The Regulations together with the Appendices are an integral part of the Agreement concluded via the Application.
3. The User has the right to make a complaint as referred to in the Regulations as well as to make other claims under legal regulations. The User has the right to use extra-judicial ways of claiming damages, including in particular:
(a) mediation, including in the case of a User who is a Customer, mediation by mediators operating by the Commercial Inspection;
(b) arbitration, including – in the case of the User who is a Customer – permanent arbitration courts at the Commercial Inspection;
(c) in the case of a User who is a Customer – to use the assistance of municipal or regional Consumer Advocates;
(d) in the case of a User who is a Customer – to use a platform of online system of settling disputes between customers and entrepreneurs on the EU level (ODR platform), available at https://webgate.ec.europa.eu/odr/.
4. The Regulations, as well as Appendices to the Regulations may be amended by the Service Provider. Providing access to the amended Regulations or Appendices is effectuated pursuant to clause 1 and is applicable to agreements for Services concluded upon the aforesaid provision of access. As regards ongoing Services, if the Regulations or the Appendices are amended within the period of their duration, the amendments are binding for the User who these amendments pertain to if the User had not terminated the agreement for these Services within 7 days from the day of providing access to the amendment. The procedure described hereunder may be applied by the Service Provider to introduce new Services or new fees for Services.
5. Principles regarding processing, storing and securing of personal data of the User in connection with using the Application and creating Delivery Orders, the obligations of the Service Provider and the ensuing rights of the User are settled by the Privacy Policy.
6. In the event when any of the parts of the Regulations or any of the Appendices is deemed invalid, ineffective or unenforceable, the remaining part of the Regulations shall remain in force.
7. Any matters not settled in the Regulations shall be governed by the provisions of the Civil Code, the provisions of the Law on electronic provision on services and the provisions of the Law on the rights of consumers and other commonly abiding legal regulations.
Appendix no. 1 to the Regulations
INFORMATION ON THE PROCEDURE OF USING THE RIGHT TO WITHDRAW FROM THE AGREEMENT FOR A USER WHO IS A CONSUMER
INSTRUCTION TEMPLATE FOR WITHDRAWAL FROM THE AGREEMENT
The right to withdraw from the agreement.
You have the right to withdraw from the agreement for Services provision within 14 days without the need to provide any ground, subject to the provisions of the Regulations indicating instances when the right to withdraw from the agreement does not apply.
The deadline for withdrawing from the agreement expires after the lapse of 14 days from the day when:
• you concluded the agreement (In the case of services).
In order to use the right to withdraw from the agreement, you need to inform us, i.e. COLLECTOMATE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, seat and address: ul. Św. Teresy of Dzieciątka Jezus 100, 91-341 Łódź, registration body, register, number in the register: District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register, Register of Entrepreneurs of the National Court Register, KRS no. 0000714802, Tax Identification Number /NIP/: 9471994861; Business Statistical Number /REGON/: 369288788 about your decision to withdraw from the agreement by making a clear declaration (e.g. by sending a letter by post or by e-mail).
You may use a form template of withdrawal from an agreement, however it is not obligatory.
In order to meet the deadline for withdrawing from an agreement it is enough if you send information regarding the fact that you wish to execute your right to withdraw from the agreement before the lapse of the deadline for withdrawing from the agreement.
Consequences of withdrawing from an agreement
In the event of withdrawing from an agreement, the agreement is deemed as non-concluded. Due to the fact that currently Services are provided free of charge, no consequences of withdrawal connected with payment return are determined.
WITHDRAWAL FROM AN AGREEMENT FORM – TEMPLATE
(This form should be filled in and returned only in the case when you wish to withdraw from the agreement)
Addressee: COLLECTOMATE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, seat and address: ul. Św. Teresy od Dzieciątka Jezus 100, 91-341 Łódź.
I/We* hereby inform about my/our* withdrawal from the agreement:
for the provision of the following service: ………………………………….
– Date of concluding the agreement:
– Customer(s) name and surname
– Customer(s) address
– Customer(s) signature(s) (only if the form is sent in paper form)
– Date:
* delete as appropriate