TME.eu mobile - Terms of use

TME Mobile Application Regulations

1. Definitions

the following terms used herein shall have the following meaning:

1) Mobile application – free of charge software installed in the User’s mobile device, in particular, a tablet, mobile phone or a Smartphone thanks to which the User is able to download and display on their mobile device, specific information posted at the TME Service, send specific information to TME and/or its subsidiaries and receive messages sent by TME and/or its subsidiaries. Operating systems compatible with the mobile application include: Android and IOS (Apple), the other systems are listed at the following Website: https://mobile.tme.eu

2) TME Customer – means a natural person, legal person or organizational entity without legal personality to whom the Act has granted legal capacity – conducting business activity with TME, holding an active account in TME Service.

3) Account – after registration at Internet service at www.tme.eu, which requires filling in a registration form and verification by clicking a sent activation link, the Customer receives account at tme.eu service. This account enables using Mobile Application functionalities which are connected with purchasing of goods from TME or its subsidiaries.

4) Regulations – means regulations of using TME Mobile Application. The Regulations are available at https://mobile.tme.eu

5) TME Service – means an Internet service hosted by TME under the following address: www.tme.eu

6) TME – means Transfer Multisort Elektronik Sp. z o.o., with its registered office in Łódź at Ustronna 41, 93-350 Łódź; entered in the Commercial Register kept by the District Court for Łódź-Śródmieście in XX Department of the National Court Register under KRS 0000165815, with the share capital of 3.300.000 PLN, NIP (Tax Identification No): 729-010-89-84;

7) Service – a service provided by Transfer Multisort Elektronik Sp. z o.o. electronically pursuant to the principles specified herein, by means of the Mobile Application downloaded by means of a given market offering mobile applications.

8) User’s mobile equipment – a telephone or a tablet or a similar device with originally installed operating system with the Android or IOS (Apple) software - other operating systems for which the Mobile Application is available are listed at https://mobile.tme.eu

9) User – means a natural person, legal person or organizational entity without legal personality to whom, the Act grants legal capacity and who, pursuant to these Regulations, uses the Mobile Application.

2. General provisions

2.1.1. These Regulations specify terms of use of TME Mobile Application.

2.1.2. Each individual/entity interested in using the Service is obliged to carefully read the Regulations that will be displayed on the screen of the Mobile Equipment upon installation of the Mobile Application, and that is also available in “More” tab and at the Website https://mobile.tme.eu.

2.1.3. Using the Service requires acceptance of Regulations terms and conditions. Upon downloading of the Mobile Application and the first start up at the Mobile Equipment, a window will pop out with the Regulations content. Clicking “I accept” activation field means acceptance of the Regulations. From this moment, User’s status is granted. Clicking the activation link means conclusion of Service agreement with TME.

In case when Regulations are not accepted, the Mobile Application shall be deleted from the Mobile Equipment.

3. Warnings

3.1.1. Using the Mobile Application requires Internet connection via Wi - Fi wireless network or data transmission connection via cellular network. TME does not provide Users with the access to the Internet. User shall bear all costs related to the Internet access and its use.

3.1.2. TME shall make every effort to ensure that change of data between Mobile Application and TME system is as little as possible, nevertheless the use of Mobile Application generates data transfer and may influence the level of data transmission costs, as well as it may lead to increasing of the data transmission costs while using roaming service.

3.1.3. Using the Mobile Application may shorten the Mobile Equipment operation time due to increased battery use caused by data transmission,

4. Description and scope of the Service

4.1. The service allows the User to install, free of charge, at their equipment, the Mobile Application allowing downloading and displaying specific information posted in TME Service, sending specific information and receiving messages sent via TME and/or its subsidiaries.

4.2. Within the existing technical possibilities, the Service is made available to individuals using the Internet.

4.3. Using the Service requires the User to have a mobile equipment, e.g. tablet, Smartphone, cell phone equipped with the operating system with Android or IOS (Apple) software; the other operating systems to which Mobile Application is available, are listed at https://mobile.tme.eu.

4.4. No information to which the User receives access by means of Mobile Application constitutes sales offer of any goods or services, as defined in the provisions of Civil Code.

4.5. Some modules of the Mobile Application are available only to TME Customers.

4.6. Modules of Mobile Application:

4.6.1. Basic Modules:

a) Catalogue – this module contains information concerning products on the TME’s commercial offer, and upon logging in, by means of a login and a password of TME’s Customer, prices calculated for TME’s Customer and current stock levels will be displayed.

b) Parking – in this module, after logging in by means of an individual login and TME Customer password, Customer has the possibility of keep individually prepared list of products without the necessity of placing an order, e.g. in order to place an order at a later time. This module has the function of sharing its content with other people, whereby, when the User makes these content available, they make it at their own risk and responsibility. The content made available via this module does not constitute an offer as defined in the regulations of the Civil Code. TME has no control over the lists of products made available by the User to third parties.

c) Orders module – this module is available only to TME Customers, by means of the Mobile Application an order can be placed in case when postal collection delivery option is selected.

In case when at the phase of creating an order, a different payment form is selected, it should be remembered that all payments requiring using credit cards or logging into bank or payment systems require the Customer to log in to Customer Account in TME Service and making the payment in those systems. This is to ensure Customer data safety.

Terms and conditions of goods sale by TME and its subsidiaries are available at the Website: www.tme.eu, ”Terms of cooperation” tab.

4.6.2. Additional modules:

A list of additional modules of Mobile Application together with a description of functionality is available at https://mobile.tme.eu. TME makes continuous efforts to develop and make new products available.

4.7. Mobile Application is subject to continuous development an update. The User shall be notified about the possibility of downloading updates via the internal mechanism of the operating system of the Mobile Equipment at which the User installed the application. Update shall not be performed automatically. The User should individually download the update by means of the market with mobile applications.

4.8. NOTE: Some additional modules may allow transfer of marketing information by TME and/or their subsidiaries e.g. in the form of notifications concerning sending marketing information and allowing its downloading. Downloading such information may generate transfer of data subject to charges specified by an operator. Information whether a given module includes transfer of marketing information should be searched in the description of functionalities of a given module that will be published among other at the Website https://mobile.tme.eu.

5. Principles of using the Service

5.1. Using TME Service including the Catalogue and User’s Parking modules requires logging in to the application by means of a login and password to the TME System or seeking TME’s Customer Support.

5.2. Users may not use the Service in a manner violating binding law regulations, generally accepted moral norms, in a manner damaging good customs, offensive or violating anyone’s dignity.

5.3. Users agree not to misuse electronic communication means and not to transfer by means of Mobile Application or to the TME system, content disturbing operation or system overloading.

5.4. The User shall be obliged:

a) to immediately notify TME about any irregularities and failures of any breaks in Service provision.

b) not to use the Service in any way or purpose that will be against the law or Regulations, nor they shall take actions in order to bypass or break any securities of TME System, Accounts or Mobile Application or any other resources to which the User was granted access by way of using the Service.

c) not to make available directly or indirectly, for a payment or free of charge, data obtained by means of the Service to third parties in any manner and / or for any purpose that might constitute violation of the Act dated June 30, 2000. Industrial property law (Dz. U. dated 2003, No. 119, item 1117 as amended) and / or the Act dated April 16, 1993 concerning fighting dishonest competition (Dz. U. dated 2003, No. 153, item 1503 as amended), as well as other law regulations.

5.5. The User acknowledges that the Service contains copyright content, information and materials belonging to TME, its subsidiaries and third parties that are protected, among others by regulations concerning intellectual property and copyright. the User expresses their consent that they will not use such content or information in a manner other than within the scope of permitted use of the Service – for personal use only.

5.6. In exceptional instances that might influence safety and stability of the TME network or the system, TME shall be authorized to temporarily suspend or limit Service provision without prior notification and to perform maintenance works in order to restore network and system safety and stability.

5.7. At any moment and within the scope permitted by the law without bearing any responsibility on this account, TME and/or its subsidiaries may limit or suspend rendering any content provided via the Mobile Application.

5.8. The User may, at any time, resign from using the Service. for this purpose, the User should remove a Mobile Application icon from the Mobile Equipment to which it has been installed.

5.9. Resignation from using the Service and deleting Mobile Application does not mean that the Account will be removed from TME Service.

6. Responsibility

6.1. TME shall be held responsible for failure or improper service provision within the scope specified herein and in the binding law regulations. TME SHALL BE HELD ACCOUNTABLE TO ITS CUSTOMERS PURSUANT TO THE PRINCIPLES RESULTING FROM MANDATORY RULES OF LAW.

6.2. THE USER EXPRESSES THEIR CONSENT THAT WITHIN THE SCOPE ALLOWED BY PROPER LAW, THEY USE THE SERVICE AT THEIR OWN RISK.

6.3. WITHIN MAXIMUM SCOPE PERMITTED BY LAW, THE SERVICE SHALL BE PROVIDED IN THE “AS IS” STATE WITH ALL ERRORS AND WITHOUT ANY GUARANTEES, and in particular, TME does not guarantee that the Service meets User’s requirements; that Mobile Application operation is uninterrupted and free of errors and that faults of the software will be removed.

6.4. The User accepts that the Service has not been developed to be used in situations where failures, time delays, inaccuracies or errors of content or information provided by means of the Service could cause a serious damage.

6.5. Within the scope permitted by law, TME in no case will be held responsible for any incidental, intentional or intermediate damages, including User’s lost benefits as well as damages caused by loss of data, disruptions of sending and receiving data, equipment failure and also losses caused as a result of or connected with lack of possibility of using the Service – regardless of the responsibility basis.

6.6. Service provision may be delayed or disrupted due to appearance of occurrences being outside of TME’s control including as a result of data transmission failures, communication and equipment failures; failures depending on the Internet provider or other entities not related with TME.

6.7. Factors such as refresh time, loading time of information obtained by means of the Service are outside TME’s control.

6.8. Within the scope permitted under the law, liability for damages of TME in relation to a failure or improper performance of the agreement, regardless of the legal basis of the claim, shall be limited to the amount of ten thousand Zloty (10 000 PLN). THIS PROVISION SHALL NOT APPLY TO CONSUMERS.

6.9. In case when TME finds out that the Customer violates law regulations in relation to the use of the Service, TME shall be entitled to prevent such Customer from using the Service.

7. Complaints

7.1. Complaints concerning Service provision and Mobile Application operation shall be submitted to the electronic email address: mobile@tme.eu or post to the following address:

Transfer Multisort Elektronik Sp. z o.o., with the headquarters at Ustronna 41, 93-350 Łódź with a note: Mobile Application.

7.2. Notification of the complaint should include:

a. indication of an entity submitting a complaint, including contact data;

b. description of an occurrence / circumstances subject to complaint.

7.3. TME shall process personal data indicated in the complaint for the purpose of its investigating.

7.4. Complaints will be investigated by TME immediately, not later than within 10 working days, whereby, this period may be extended by consecutive 7 working days, in case when it turns out to be necessary for proper investigation of a complaint. The User shall be notified in case complaint investigation period has been extended.

8. Correspondence

The User should send all correspondence connected with the Service to the following address: mobile@tme.eu
or by post to the following address:

Transfer Multisort Elektronik Sp. z o.o., ul. Ustronna 41, 93-350 Łódź with a note Mobile Application

9. Final provisions

9.1. Using services provided by means of electronic way is connected with specific threats related to using the Internet (e.g. viruses).

9.2. Within the scope permitted by law, TME may suspend or resign from providing the Service – in whole or within the scope of respective modules of Mobile Application or due to improving Mobile Application or due to the change of law, threats to the TME System safety or rights of third parties. TME shall notify its Users about the above by means of posting a specific information at the following Website: https://mobile.tme.eu and sending a message by means of the Mobile Application.

9.3. Within the scope permitted by law, TME may amend these Regulations. TME shall notify Users of any change of these Regulations with at least 30 day notice, by posting a proper information at https://mobile.tme.eu and sending a message by means of the Mobile Application together with a note that in case when Agreement changes are not accepted, the User may terminate the Service Agreement till the date when Regulations amendments become effective. The provision specified in section 5.8 herein, shall be applied accordingly.

9.4. The Regulations and all its amendments shall become effective upon their publishing at https://mobile.tme.eu, unless it has been stipulated otherwise and within the scope allowed by binding law regulations.

9.5. Within the scope permitted by law, the Service and all legal relations resulting from these Regulations are subject to Polish law without reference to conflict of law provisions.

9.6. Any disputes arising from this Service shall be examined by the Court competent for the seat of TME. THIS PROVISION SHALL NOT APPLY TO CONSUMERS.

9.7. Various language versions of these Regulations are only translation of the Polish version. In case of any disputes, Polish language version shall prevail.

Version 1.0. effective as of 19.04.2013

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