RULES AND REGULATIONS
Vooom multimodal platform with a system for connecting Operators' accounts.
of 3rd June 2020
I. General provisions
- These Rules and Regulations for the provision of electronic services define the terms and conditions of using the Vooom multimodal platform with a system for connecting Operators' accounts.
- Using Vooom Multimodal Platform is voluntary, requiring a Customer to have an active account.
Whenever the Rules and Regulations refer to:
- Vooom – it means VOOOM Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw at the following address: Jana Czeczota 9, 02-607 Warsaw, Polish National Court Register (KRS) no. 0000780959, Polish Tax Identification Number (NIP): 5213862774, Polish Business Register Number (REGON): 383050863, share capital: 16 700 PLN
- Customer – it means a user of the Vooom Multimodal Platform who accepted the Rules and Regulations and has an Account.
- Vooom Application – it means Vooom mobile app, which allows for using Vooom Multimodal Platform, available on IOS devices (system 11 or later) and Android (system 5.0 or later).
- Account – it means an individual Customer account necessary for using Vooom Application, which can be registered in accordance with these Rules and Regulations.
- Customer Service Office (CSO) - it means a service launched by Vooom, providing Customers with 24/7 contact:
a) via e-mail at email@example.com,
b) via hotline at 22 251 15 44.
as well as office service between 8:00 am and 4:00 pm, Monday to Friday on business days, at the Vooom registered office. Information on the functioning of CSO is available st www.vooom.pl.
- Account blockade - it means a measure preventing the use of Vooom Application in the event of a breach by the Customer of the provisions of these Rules and Regulations.
- Operators - it means companies whose services can be used through the Vooom Application, as selected in the Account.
- Operator's Application - it means Operator's mobile application. Vooom Application is not the same as the Operators' Applications and allows the use of functionalities and services other than the Operator's Applications. The purpose of Vooom Application is to facilitate quick and efficient navigation through the possibility of using the services of various Operators within one application, minimizing the need of using Operators' Applications.
- Account synchronization - it means linking to the Account by the Customer, the accounts they have with Operators, as a result of which it is possible for them to use the services provided by such Operators through Vooom Application, to the extent specified in these Rules and Regulations. Account synchronization does not transfer or copy all data from the Operators' accounts, but only allows for using basic services they offer.
- Rules and Regulations - it means these Rules and Regulations, describing the terms and conditions of using Vooom Application, in particular the scope of rights and obligations of Customers.
- Rules and Regulations of Operators - it means Rules and Regulations of Operators whose services can be used through Vooom Application, the references to which are provided, among others, at www.vooom.pl/operatorzy-regulaminy. Customer is entitled to use the services of the Operators only if the Customer accepts and complies with the Rules and Regulations of a given Operator.
- Website - it means website www.vooom.pl launched by Vooom, including all necessary information enabling the use of Vooom Application.
- Agreement - it means a contractual relationship concluded between the Customer and Vooom, established by accepting the provisions of these Rules and Regulations. Lack of acceptance of these Rules and Regulations (and installation of Vooom Application) means the inability to access and use the Operators' services through Vooom Application, which does not exclude their use through the Operators' Applications. On the basis of the concluded Agreement, Vooom provides the Customer with an ICT solution through which the Customer, acting on their own behalf, can connect with the ICT solutions of the Operators for which they synchronized the Account, and use the services of such Operators in terms of functionalities available in Vooom Application.
- Personal data - it means personal data within the meaning of art. 4 sec. of the 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 of Directive 95/46/EC (General Data Protection Regulation) - GDPR. Information on the rules and method of processing of Customers' Personal Data by Vooom, their rights and how to exercise them, is available at https://vooom.pl/rodo, as well as in Vooom Application in the tab "Inf. on personal data processing", and it can be obtained at CSO.
- Working days - it means days from Monday to Friday, excluding statutory holidays.
- Vooom multimodal platform - it means an ICT solution that enables the use of various forms of communication through one application.
III. General principles of using Vooom
- The condition for using the Application is:
a) creating a free Account by the Customer (which includes the provision by the Customer of personal data required during registration process), b) acceptance of the terms and conditions set out in these Rules and Regulations, c) additionally, in order for the Customer to make use of services selected by them (provided by a specific Operator), Account Synchronization is required.
a) may be the owner of only one Account (this restriction does not apply to an Employee's Account), b) is not entitled to lend or resell the Account to third parties, c) has the right to use the services available on the Account only by themselves.
- If the Customer does not make use of the selected service, the cancellation procedure (by the Customer or automatic) and possible consequences of non-use and cancellation of the service are governed by the Rules and Regulations of the Operators providing the cancelled service.
- Customer undertakes to comply with the terms set out by law, good practice and the Rules and Regulations, and in particular to use the Vooom Application in a manner that does not infringe the rights of third parties, Operators or Vooom.
- Persons over the age of 13 and under the age of 18 (hereinafter referred to as minors) are obliged, prior to creating an Account, to provide Vooom with the written consent of one or more parents, or legal guardian to conclude the Agreement and a declaration that they accept liability for any damages arising in particular from the non-performance or improper performance of the Agreement. Minors' access to certain services may be restricted.
- Customer is obliged modify data provided during the creation of the Account without any delay, if it undergoes any modifications.
- It is prohibited for the Customer in particular to:
a) pass off as other persons, providing false personal data or otherwise misleading regarding the person of the Customer and the Customer's rights, b) providing illegal content, c) using the application contrary to its intended purpose, in particular in the field of violation of law, good manners or the Rules and Regulations.
- Customer is obliged to immediately notify Vooom (even via CSO) of any violation of their login and/or password rights, as well as of any violation of the provisions of the Rules and Regulations.
- Creating and maintaining an Account is free of charge.
- The use of the Operators' services through Vooom Application is payable to the Operators in accordance with the fees indicated by the Operators providing the services.
- When using a specific service of the Operator via Vooom Application, the Customer will be provided in advance with indicative prices for using this service. Customer should each time verify the price of the service with the Operator providing it (this can be done, for example, at Operator's website/Operator's Rules and Regulations or in Operator's Application). Customer is aware of a possible discrepancy between the indicative price and the final price for using the service.
- Customer declares being aware that in the event of withdrawal from using the selected service, the Customer may be charged by a given Operator with costs (in accordance with the Operator's rules and regulations).
V. Mobility Packages
- Within the Application, Vooom may provide its business partners (hereinafter: "Contractors") service within which VOOOM provides Contractors for a fee with rights from the Operators, to which VOOOM is entitled, to use their means of transport via the Application (hereinafter: "Mobility Packages" ), which may be used by employees or persons cooperating with Contractors (hereinafter collectively: "Employees"). In order to use such services, concerned contractor should contact Vooom directly and conclude with Vooom an appropriate service agreement regarding Mobility Package.
- Within active service of the Mobility Package, an Employee may use the Operators' means of transport via the Application, paying for them from their private funds, and then, by the 5th day of the following month, obtaining a refund of these funds to their bank account, within the amount limits set for a given Mobility Package by the Contractor who bought it for the Employee. Upon the refund of such funds to the Employee by Vooom, Vooom acquires the right to reimburse from the Operator the funds paid by the Employee to the Operator, which such refund referred to, and which will be compensated with the fees due to the Operator from Vooom for providing the rights to use means of transport via Application.
- Employee for whom the Contractor purchased the Mobility Package and provided Vooom with data necessary to set up an appropriate user account in the Application (hereinafter: "Employee Account") will receive a welcome message to the Employee's email address provided by the Contractor. Employee will receive access to these services within the Application after undergoing the account activation procedure analogous to that of other Customers, including after reading and accepting all necessary rules and regulations/information clauses and additionally after providing Polish bank account number for reimbursement referred to in paragraph 2 above.
- Mobility Package made available to the Employee authorises the Employee only to use services covered by it, by themselves.
- Within the Mobility Package, the Employee has the right to use only the range of services resulting from the given Mobility Package. The scope of services covered by the Mobility Package, including the scope of the Operators, is determined between the Contractor and Vooom in the agreement concluded between them, referred to in section 1 above. Contractor who bought the Mobility Package for the Employee informs the Employee about its scope. Employee also has the right to contact Vooom to obtain this information.
- Any modifications in the Mobility Package may be introduced at the request of the Contractor on the basis of their relevant orders accepted by Vooom. Vooom will immediately inform the Employee about any modifications introduced in the Mobility Package.
- Employee, if they want to use services not covered by the Mobility Package or after using it, has the right to purchase additional services at their own expense. In such a case, the provisions of section 2 above regarding the reimbursement of expenditure funds, and the general provisions of these rules and regulations regarding customers shall not apply.
- Vooom informs that the scope of the services applicable within the Mobility Package and the time during which they can be used depends on the range of services purchased by the Contractor. Contractor who bought the Mobility Package for the Employee informs the Employee about its scope. Employee has the right to contact Vooom to verify the status and scope of their Mobility Package. Limit remaining for use within the Mobility Package may be checked by the Employee in the Application before using the services of the respective Operator.
- Employee acknowledges that the limit of the Mobility Package may be consumed during the use of the Service of the respective Operator. In such a case, depending on the option chosen by the Contractor: (a) fee incurred by the Employee for the use of services through the Application, to the extent that during such specific use the limit is exceeded, will be refunded to them as part of the settlement of the following month and the limit available therein, or (b) fee incurred by the Employee for the use of the services through the Application, to the extent that during such specific use the limit is exceeded, will not be refunded to them for the entire service during which the limit was exceeded. Contractor who purchased a given Mobility Package for the Employee informs the Employee about the option selected in this regard. Employee also has the right to contact Vooom to obtain this information.
- Controller of the Employees' personal data, which are processed by Vooom in connection with the provision of the Mobility Package regarding it, is the Contractor, and Vooom processes them on the demand of the Contractor on the basis of the relevant contract entrusting the processing of personal data, in order to perform the agreement referred to in section 1 above.
- At the moment of activation by Employees of their individual accounts in the Application (i.e. allowing for private use of the Application regardless of the Mobility Package), in respect of personal data processed in connection with such accounts, their controller becomes VOOOM and all provisions of these Rules and Regulations regarding the processing of personal data shall apply to it.
- To the extent not being in the conflict with Part V of these Rules and Regulations, the remaining provisions of it regarding Customers shall apply to the Employees who activated the Employee Account.
Va. Public (collective) transport tickets within Mobility Package
- Within the Mobility Package, Vooom enables the purchase from Vooom, via the Vooom Application, of public (collective) transport tickets authorising the use of such transport services provided by the Operators (public and private entities), as indicated in the Vooom Application and on the Website.
- Vooom does not provide services to the use of which authorise the tickets purchased through the Vooom Application, and therefore Vooom is not responsible for such services provided by the Operators.
- Employee who decides to purchase a ticket entitling them to use given transport services should read the rules and regulations of the Operator offering them. Failure to read or accept such rules and regulations has no legal consequences for the agreement for the purchase of a ticket from Vooom.
- Ticket purchased by the Employee is made available to them only in the form of an electronic record in the relevant tab of their Employee Account in the Vooom Application, and it contains all the necessary data required by the Operator to use the service to which the ticket refers.
- Depending on the type of ticket, in order to effectively purchase it, Employee must provide the following personal data in the Vooom Application:
a) Employee's telephone number assigned to the Employee's Account.
- Data indicated in sec. 5 will be provided to the entity from which Vooom purchases the tickets, and then to the related Operator.
- The purchase of a ticket requires the acceptance of these Rules and Regulations and takes place when the Employee clicks the "Buy and Validate" button.
- Ticket is activated automatically upon its purchase.
- When using the Operator's means of transport to which a given ticket entitles, at the request of persons authorised by this Operator, it must be presented to them for inspection. Such presentation should be made by displaying the screen of the relevant Vooom Application tab containing the electronic ticket record. Employee acknowledges that the lack of such a presentation may have negative consequences for them, specified in the rules and regulations of a given Operator and in generally applicable law.
- Fee for purchasing tickets is charged from the limit of the Mobility Package. If the limit is PLN 0 (PLN zero), the purchase of a ticket is not possible via the Vooom Application.
- Ticket prices indicated in the Vooom Application are final prices, not approximate ones, and they are valid on the day of their purchase. Vooom updates these prices on an ongoing basis in order to keep them consistent with the Operator's price lists.
- To the extent not being in the conflict with Part Va of these Rules and Regulations, the remaining provisions shall apply to the Employees who activated the Employee Account.
- In the scope related to the sale of tickets, Vooom considers complaints within 7 days from the date of their receipt.
- Vooom is not liable for actions resulting from technical reasons due to the Customer (especially for the Customer's lack of internet access or the in compatibility of the Customer's device with the Vooom Application).
- Customer is aware that: providing incorrect data may result in the inability to use the services,
a) services are not provided by Vooom, but only by Operators who are not organisationally, legally, financially related to Vooom, and that it is with the Operators, and not Vooom, that the agreement for the use of a given service, in particular regarding rental of vehicles, is concluded. b) any insurance (including third party liability and comprehensive insurance) related to the use of Operators' services are provided by Operators who are entities authorized in this regard, in accordance with the Operators' regulations, c) there may be temporary difficulties, beyond Vooom control, in the use of a given service provided by the Operator, which may result in the inability to use the service selected by the Customer, d) is liable for the consequences of events related to the use of the Vooom Application (including the services of the Operators) resulting from the breach of applicable law, good practice, the Rules and Regulations and/or the Rules and Regulations of the Operators, e) whether a given Operator agrees for its services to be used via the Vooom Application should be verified in the rules and regulations of such Operator, f) use of services within the use of the Vooom Application may take place solely for non-commercial purposes, i.e. not for the commercial transport of goods or persons.
- Customer is liable for the use of the Vooom Application in accordance with its purpose and the terms of the Rules and Regulations, as well as the Rules and Regulations the Operator whose services are used through it. In the event of non-compliance with the terms included in the Operator's rules and regulations, the Operator has the right to block the Customer's account with the given Operator.
- Vooom reserves the right to:
a) block the Customer Account, especially in the cases indicated in part III section 7 above, b) temporarily suspend the Customer's right to use the Account, if there are reasonable suspicions that the Customer violated the conditions indicated in Part III section 7 above, until the matter is clarified, c) take actions aimed at redressing the losses incurred by Vooom and resulting from the cases indicated in part III section 7 above.
- Condition necessary for using the Vooom Multimodal Platform is prior customer registration, acceptance of the provisions of the Rules and Regulations, and providing personal data required for registration.
- Registration can be carried out through the Vooom Application.
- During the registration process it is required to fill in all fields of the registration form, unless the field is marked as optional.
- Information entered into the form must be the Customer's identification data and it must be truthful.
- Following data is required, including Personal Data:
a) e-mail address,
- Other Personal Data is provided to Vooom voluntarily and is not required to maintain an Account.
- In order to use the services provided by certain Operators, the Customer may be required to provide other data in the Operators' Applications, in accordance with the Operators' Rules and Regulations.
- Customer Accounts containing incorrect personal data may be deleted.
- In order to use the Application functionalities, the Customer must be logged in.
- Customer has always the right to change the password.
- Customer is obliged to make any efforts not to give access to their Account to third parties.
- Vooom Application does not allow for the registration of accounts and their verification with individual Operators. In order to make full use of the Vooom Application, it is necessary to set up and verify accounts directly with the Operators, respectively, via their websites or applications.
- The recommended time limit for submitting a complaint is within 7 days from the date of the event giving rise to the complaint.
- Any complaints regarding the services provided on the basis of the Rules and Regulations may be submitted to the CSO.
- If the data or information provided in the complaint need to be supplemented, before considering the complaint, Vooom asks the person submitting the complaint to supplement it in the indicated scope.
- If the complaint does not contain data allowing for the Customer's identification, Vooom will leave without consideration. In view of the above, Vooom always asks for data such as: name, surname, as well as e-mail address, address or telephone number and a brief description of the problem.
- Submitting a Complaint does not exempt the Customer from the obligation to fulfill obligations towards Vooom on time.
- Vooom examines the complaint within 14 days from the date of its receipt or supplementation, and in particularly complex cases - up to 30 days. If it is necessary to supplement the complaint, the time limit for considering the complaint starts from the date of delivery of supplementary documents or additional explanations/information to Vooom. If it is impossible to meet the time limit for considering the complaint, Vooom will inform the Customer about the delay, indicating the reason for the delay (circumstances that must be determined) and the expected date of considering the complaint.
- Response to the complaint will be sent to the Customer in a manner analogous to the complaint or in the manner indicated by the Customer in the complaint.
- Consideration of the complaint consists in identifying the problem, assessing its legitimacy and resolving the problem reported by the Customer or taking appropriate actions to remove any irregularities, the reasons for their occurrence and providing a response that is exhaustive and professional in its form and content.
- CSO provides a response that includes Vooom's position on the complaint, grounds and information about the appeal procedure.
- Customer has the right to appeal against the decision issued by Vooom. The appeal will be considered within 14 days from the date of its receipt by CSO.
- Customer may:
a) submit an appeal against the Vooom decision directly to the CSO within 14 days from the date of receipt of the response to the complaint, b) bring an action to a competent common court.
IX. Withdrawal from the Agreement
- Customer may withdraw from the Agreement concluded with Vooom, without giving any reason, within 14 days from the date of its conclusion. The time limit is considered met if the Customer sends a declaration of withdrawal from the Agreement before its expiry.
- Customer may withdraw from the Agreement by sending a declaration of withdrawal from the Agreement to CSO. To this end, the Customer may use the withdrawal form in accordance with applicable regulations, but it is not obligatory.
- Customer is not entitled to withdraw from the Agreement if the service has been performed. Customer hereby declares being informed that after using the service they lose their right tp wothdraw from the Agreement.
- Withdrawal from the Agreement results in the Customer's inability to use the Account.
X. Termination of the Agreement at the Customer's request
- Customer has the right to terminate the Agreement at any time. Customer may submit the termination notice by sending an appropriate declaration of will to terminate the Agreement to CSO.
- Agreement is terminated within 14 days from the delivery of the termination notice to Vooom. The effect of termination of the Agreement is the liquidation of the Customer Account by Vooom. Termination of the Agreement results in the Customer's inability to use the Account.
XI. Modification of Rules and Regulations
- For important reasons (such as e.g. amendment to the provisions of law or a change in the functionalities of the Vooom Application or the operations of the Operators), Vooom reserves the right to amend these Rules and Regulations, in particular with regard to the functionalities of the Vooom Application, services and rules for using them, and the characteristics of the existing functionalities of the Vooom Application.
- Customer will be informed about the modification of the Rules and Regulations via e-mail at least 7 days in advance. New wording of the Rules and Regulations will be available each time in the appropriate tab of the Application and on the Website.
- Modification of the wording of the Rules and Regulations shall apply to the Customer if the Customer does not terminate the Agreement within 7 days of receiving the e-mail about the modification of the Rules and Regulations and its wording.
XII. Vooom Mobile Application
- Vooom Application is available for download free of charge in Google Play and Apple AppStore.
- Using Vooom Application is possible on phones with the appropriate up-to-date Google Android or Apple IOS system (indicated in these Rules and Regulations) and with Internet access.
- Using Vooom Application is possible without registration only in order to view the possibilities of this application.
XIII. Intellectual Property Rights
- Intellectual property rights to the Vooom Application, in particular copyrights, are legally protected and held by Vooom.
- Creating an Account or using the Vooom Application does not entitle the Customer to claim any rights related to intellectual property rights, referred to in section 1 above. Any rights not expressly granted in these Rules and Regulations remain reserved to Vooom or its authorized entities.
- Provided that the Customer complies with these Rules and Regulations, Vooom grants the Customer a limited, non-exclusive, revocable and non-transferable license, without the right to grant further licenses, for:
a) obtaining access to the Vooom Application and using it on one's own devices for the purpose of using its functionalities, b) obtaining access to and using any content, information and materials related to the services.
- Customer may use their rights only for non-commercial purposes.
- Vooom hereby informs that for the purpose of independent, impartial, transparent, effective, fast and fair out-of-court settlement of disputes over the Internet between Customers and Vooom arising in connection with the use of the Application, the Customer may use the European ODR platform (hereinafter referred to as the "ODR platform"), available at https://ec.europa.eu/consumers/odr/main/(the direct link is also available on the website www.vooom.pl)
- ODR applies to out-of-court settlement of disputes regarding contractual obligations arising from any online agreements concluded between the Customer and Vooom within the Application, and the dispute resolution takes place through the intervention of an ADR entity entered in the list in accordance with Art. 20 section 2 of Directive 2013/11/EU and includes the use of the ODR platform.
- Vooom informs that in the event of any comments or doubts regarding disputes or ODR, Vooom asks Customers to contact the CSO, including at the e-mail address indicated above, i.e. firstname.lastname@example.org, which e-mail address will be used in the event of a dispute carried out via ODR.
XV. Final Provisions
- Vooom reserves the right to terminate the Agreement with immediate effect if the Customer breaches the provisions of these Rules and Regulations.
- Law applicable to these Rules and Regulations as well as services within the Vooom Application is Polish law.
- In matters not covered by these Rules and Regulations, applicable law, in particular Polish Civil Code, shall apply.
- In the event of any discrepancies between the Polish version and the foreign language version of the Rules and Regulations, the basis for interpretation will be the Polish version of the Rules and Regulations.
- Customer has the right to assert their rights under the concluded Agreement or resulting from the use of the application both amicably and before the competent Polish ordinary courts.
- These Rules and Regulations enter into force within 7 days from the date of informing the Customers about their modification.