TERMS AND CONDITIONS OF THE TAPZII SERVICE.
CANCELLATION OF THE SERVICE
1. Send an email to the address [email protected]
2. Call the Helpline xxx xxx xxxx (local charge)
3. Send an SMS with the text STOP TAPZZI to the number:
II. GENERAL PROVISIONS
1.These regulations (hereinafter referred to as the “Regulations”) define the general rules for the use of paid services of the Tapzzi multimedia service, which is a service, constituting an additional service (to the telecommunications service), as part of the premium rate service, intended for mobile phones (hereinafter referred to as “Services “). The Tapzzi service allows you to provide access to the best multimedia content, including games, recipes and workouts, which the recipient can use without restrictions on his mobile phone (hereinafter the “Service”).
2. The service provider (hereinafter referred to as the “Organizer”) and the entity providing the additional service is: Traffixmonkey Ltd, 2 Bulgaria Str., 2850, Petrich, Bulgaria, registered in the Commercial Register in Petrich, Bulgaria under the number BG205956068, NIP number BG205956068, WWW: https : //tapzzi.com/, e-mail address: [email protected], phone number: 02921433046.
3. The Services and the Website specified in these Regulations may be used by users of mobile phones or other devices with appropriate functionalities, resulting from the Regulations or posted on the website or other materials related to the Website. The User should be entitled to use a mobile phone to the extent enabling him to use the Website. The service is available for mobile phones or other end devices with a SIM card in the Orange & T-Mobile network whose mobile phones or other devices are compatible with the Android & iOS 11.1 type.
4. Users are obliged to use the Websites within the limits of the law in force in Poland, in accordance with the provisions of these Regulations.
5. Each User who starts using the Tapzzi Website should read the Regulations, which establish the current terms and conditions of using the Website.
6. The terms and conditions of using the Tapzzi Website and the Services provided in the Regulations apply only to personal, non-commercial use (eg business activity). The User should use the Website in accordance with the provisions of applicable law.
7. The content made available to the User as part of the Website and provided Services contain materials protected by law, including copyright and industrial property law, in particular: trademarks and works. Also, the very arrangement and selection of the content presented on the Website may constitute an independent subject of protection under Polish law, in particular under the Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2006, No. 90, item 631, as amended), the Act of July 21, 2001 on the protection of databases (Journal of Laws No. 128, item 1402, as amended) and the Act of June 30, 2000, Industrial Property Law (Journal of Laws No. of 2003, No. 119, item 1117, as amended).
8. The User is entitled to use the content made available on the Website, in particular Multimedia Objects only for the purposes and scope specified in sec. 6 above and Art. VI paragraph 2 of these Regulations. In particular, works (Multimedia Objects) may not be copied, published, displayed, transmitted or distributed in any way without the Operator’s separate written consent, except in cases of fair use provided for by law.
9. Whenever the following terms are used in the Regulations, they should be understood as follows:
II.9.a. SMS / SMS (Short Message Service) is a short text message, consisting of no more than 160 characters (letters, numbers, special characters) that can be sent to any mobile phone, containing the content entered by the sender and enabling the identification of the telephone number the sender’s mobile phone.
II.9.c. The Tapzzi service is provided as: subscription.
The website consists of unlimited access to the portal with digital content at https://tapzzi.com/, specified in art. II paragraph 1 of the Regulations.
The website consists of unlimited access to the portal with digital content for adults at https://tapzzi.com/, specified in art. II paragraph 1 of the Regulations.
It is a weekly subscription service that is extended automatically until you resign from the Service.
II.9.d. Multimedia Objects – means all kinds of digital content of a multimedia / entertainment nature, not provided on a tangible medium, including digital products that may be available on the Services, including: wallpapers, graphics, music / Mp3, video, etc. Multimedia Objects contain materials protected by law, including copyright and industrial property law, in particular: trademarks and works. The provisions regarding Multimedia Objects apply accordingly to other content, if available on the Website in accordance with Art. II paragraph 1 of the Regulations, unless the Regulations or their characteristics indicate otherwise. Downloading the Multimedia Object and access to the Website is possible directly from the website confirming the activation of the service.
An Internet connection is necessary to use the multimedia content received on the Website. Data transmission fees are not included in the fee for accessing the Website. If the use of the Website requires the User to download data using GSM transmission, these fees will be charged by the Operator, in accordance with the current price list of the contracted Operator.
II.9.e. User – an adult natural person using the Website on the basis of these Regulations, while persons with limited legal capacity may use the Website subject to the consent of their statutory representative, and persons without legal capacity, provided that they act on their behalf as a representative statutory.
II.9.f. WAP (Wireless Application Protocol) – means an international standard for the delivery of Internet messages and the provision of advanced telephone services through mobile phones and other digital terminals.
II.9.g. Operator – means a telecommunications undertaking within the meaning of the telecommunications law that performs business activities consisting in the provision of public telecommunications networks, accompanying facilities or the provision of telecommunications services, for which the Service is available to subscribers.
10. The Multimedia Objects made available to the User as part of the Websites are digital content not saved / delivered on a tangible medium.
III. REGISTRATION AND ACCESS TO THE SERVICE
Immediately after placing the order, the User is presented with an order confirmation page with the option of going directly to the portal.
In addition, in the case of a subscription service / recurring access, immediately after registering to the website, the User will receive a welcome message confirming that the registration to the access website has been successfully completed, the terms of the Website, price and instructions on how to deactivate the Website.
2. As part of the Website, the User will receive unlimited digital content at https://tapzzi.com/, specified in art. II paragraph 1 of the Regulations.
It is a weekly subscription service that is automatically extended until you resign from the Service. The cost of access to the Subscription Service is PLN 12 gross per week (1 fee of PLN 12 gross per week will be charged. The fee will be charged at weekly intervals from the moment the Service is activated.
The fee will be added to the User’s account with its Operator (subscription phone) or deducted from the account funds (prepaid phone).
An internet connection is required to use the multimedia content received as part of the subscription. Data transmission fees are not included in the fee for accessing the Website. If the use of the Website requires the User to download data using GSM transmission, these fees will be charged by the Operator, in accordance with the current price list of the contracted Operator.
3. As part of the Registration, before activating the Website in the manner described in sec. 1 above, the Organizer will provide the User on the Website or WAP with the following information and possibilities:
III.3.a. The Organizer will provide the User with at least information regarding:
III.3.a.i. main features (subject) of the Website and the method of communication with the User,
III.3.a.ii. designation of the Organizer as an entrepreneur,
III.3.a.iii. fees for one-time access and / or subscription service
III.3.a.iv. the duration of the contract and the possibility of resigning from the Website at any time and without additional fees and the method of its deactivation;
III.3.b. On the Activation Page, the User will be asked to confirm that the User:
III.3.b.i. is aware that ordering the Website entails the obligation to pay via the User’s mobile phone account;
III.3.b.ii. he has read the contents of these Regulations of the organizer and expressly accepts them
III.3.b.iii. has read and expressly accepts the terms and conditions of the mobile operator
III.3.b.iv. agrees for the immediate commencement / delivery of the service before the expiry of the 14-day withdrawal period, as a result of which he loses the right to withdraw from the contract, which he would otherwise have been entitled to (Section V);
4. After the User explicitly confirms the declarations referred to in sec. 3 points b) above and after activating the Website in the manner described in paragraph 1 above,
In the case of a subscription service / recurring access, the User will additionally receive a free welcome message immediately after registering to the Website, confirming that the registration to the access service has been successfully completed, with a price per week and instructions on how to deactivate the Website and a link to these Regulations, which confirms the conclusion of the contract regarding Website and consent to the delivery of digital content in circumstances resulting in the loss of the right to withdraw from the contract. The User will also receive the first paid access to the WEB / WAP website, from where the User will be able to download the offered Multimedia Objects as part of the subscription.
5. If the use of a given Website requires equipment (including a telephone) with specific functionalities, if the Multimedia Objects will not be interoperable with certain types of telephones and in other situations of this type regarding the functionality of digital content or their interoperability with the telephone or other equipment or software, the Organizer will provide the User with clear information in this regard on the Website or WAP.
6. The subscription service may be deactivated at any time by sending an SMS with the text STOP TAPZZI to a special number indicated on the website or WAP and in an SMS message sent to the User after activating the Website.
IV. FEES ON THE TAPZZI SERVICE
The User is charged a fee for obtaining access as part of the Website activated by him in accordance with the above-mentioned frequency.
IV.1.a. The SMS message deactivating the Website may only be sent from the User’s MSISDN number from which the Website was activated or which was provided on the Website or WAP as part of registration.
IV.1.b. The fees are collected by the Operators. The methods and terms of payment depend on the content of the contract for the provision of telecommunications services between the User and the Operator and are governed by the provisions of such contract.
IV.1.c. The fee for the Website does not include fees for WAP connections, if the use of the Website requires the User to download data using WAP transmission. Fees for WAP connections will be charged by the Operator in addition to the fees for the Website, in accordance with the current price list of the given Operator.
V. RIGHT TO WITHDRAW FROM THE AGREEMENT
1. The User has the right to withdraw from the contract for the provision of the Website within 14 days without giving any reason. This period is counted from the date of conclusion of the contract.
2. However, the User loses his right to withdraw from the contract if:
V.2.a. The organizer did not provide confirmation of the conclusion of the contract for the provision of the Website on a durable medium
V.2.b. The User requests the immediate commencement / delivery of the Website’s digital content services before the expiry of the 14-day withdrawal period and the Organizer informs the User that in this case the User loses the right to withdraw from the contract.
VI. OTHER RULES REGARDING THE USE OF THE TAPZZI WEBSITE AND SERVICES
1. In order for the User to use the Website and download the Multimedia Object (or use other content available on the Website), the User should:
VI.1.a. ensure that the telephone on which the Multimedia Object is to be picked up, downloaded or played by the User is properly configured (in particular, it has the option of data transmission and receiving WAP Push messages);
VI.1.b. make sure, before downloading a given Multimedia Object, as to the compatibility (interoperability) of the Multimedia Object with the phone model on which the Object is to be picked up, downloaded or played, and if the Website has restrictions in this regard, they will be clearly indicated to the User before ordering the Website;
VI.1.c. ensure that the User’s phone has enough free memory necessary to download, install and play the Multimedia Object selected by the User.
2. The User who obtains the Multimedia Object as part of the Website has the right to use the Multimedia Object to download the Multimedia Object made available as a mobile file to a mobile phone or other terminal device, as referred to in Art. II paragraph 3 of the Regulations and its recording in the device’s memory for repeated playback for an indefinite or definite period, depending on the selected Object (however in the case of time limitations or other than those specified directly in the Regulations, they are specified in the description of a given Multimedia Facility and in the information provided to the User pursuant to Article III (5) (1) of the Regulations). The User obtains the right to use the Multimedia Objects only for personal use (i.e. for the use of the person to whom the Website is provided). The above means in particular that it is unacceptable to use the Multimedia Objects for commercial purposes, including using them for the needs of business activities, resale or other forms of making available to third parties, to the extent exceeding the permitted use specified in the provisions of the Act on Copyright and Related Rights.
VII. QUALITY OF THE SERVICE AND COMPLAINTS
1. The Organizer ensures that the Website, including Multimedia Objects, will be made available to the User in a proper and defect-free manner.
2. The Organizer is responsible for the proper implementation of the Website under the terms of the Civil Code.
3. Complaints are considered by the Organizer immediately, but not later than within 14 calendar days from the date of receipt. Complaints should be submitted by e-mail to the following e-mail address: [email protected] or in writing to the company’s registered office address with the note “Complaint – Tapzzi”. If you have any questions, the helpline is available at 800 007 173.
4. In order to improve the process of submitting and considering complaints, the complaint should contain the MSISDN number, a short description of the problem underlying the complaint, and the User’s data enabling contact with him (including his name, surname, postal address or e-mail address).
5. The Organizer will respond to the User’s complaint to the e-mail address or postal address previously indicated by the User in the complaint.
6. The organizer does not provide after-sales services.
7. The Organizer declares that it complies with the Code of Good Practice for the Safe Use of Mobile Phones, the content of which is available at http://www.gsma.com/gsmaeurope/wp-content/uploads/2012/04/polandcoc.pdf
8. The Organizer does not provide for the obligation to provide a deposit or provide other financial guarantees in connection with the order and use of MT Services.
VIII. FINAL PROVISIONS
1. The Regulations are available at the Organiser’s office and on the website https://tapzzi.com/.
2. Due to the functioning of the Website, the Organizer will keep the MSISDN number of the mobile phone from which the call was made in its databases for the period required by the relevant provisions of law, and in particular for the period enabling the consideration of complaints or other claims regarding the Website. The Organizer cannot identify the User via his MSISDN number.
3. If the User provides personal data, they will be processed by the Organizer in accordance with the relevant legal provisions regarding the protection of personal data, including the provisions of the Act on the Protection of Personal Data. The Organizer is the administrator of Users’ personal data. These data may also be processed on behalf of the controller by DIMOCO Carrier Billing GmbH, based in Brunn am Gebirge, Campus 21, Europaring F15 / 302, 2345 Brunn am Gebirge, Austria. The data of the Participants will be processed to the extent and for the purpose necessary to provide the Website (including considering the complaint), and after the Website is completed, it will be deleted, unless the need to store certain data for a longer period than the Website is provided results from legal provisions. Providing data is voluntary. Users are primarily entitled to inspect their data and correct them, as well as request their removal. If the Participant requests the removal or rectification of his personal data, he may do so by sending an e-mail to the following e-mail address: [email protected], including the request with the MSISDN number in the content. Such a request may also be sent in writing to the address provided in Art. II paragraph 1 of these Regulations.
4. Disputes arising from the contract for the provision of the Services will be heard by a competent common court. In the event of consent by the User and the Organizer, the dispute may be settled out of court, in particular, the matter may be referred to a permanent amicable consumer court, agreed by the Parties