Terms of use

TERMS OF USE – PIŃCZÓW CITY BIKE

 

Attention! By registering in the Pińczów City Bike, you enter into a legally binding Agreement

This Agreement on the terms of use ("Agreement") governs the use of the Service located at www.pinczowskirower.pl and the Pińczowski Rower mobile application and any other related services ("Service") owned and operated by the Pińczów Commune

By accessing, browsing, downloading the mobile application or otherwise using the Pińczów City Bike Website, you accept the regulations, make the initial payment and enter into a legally binding agreement with PRM based on the terms of this Agreement and become a User of the PRM website ("User").

 

1. REGISTRATION IN THE SYSTEM

A necessary condition for using the PRM System is prior registration of the Client in the System.

Registration can be done via the website www. www.pinczowskirower.pl and www.pinczow.filfri.eu and the mobile application Pińczowski Rower. During the registration process via the pinczow.filfri.eu website, the following personal data is required:

name and surname, contact address, i.e. city, street with house/apartment number, postal code, country, e-mail address, mobile phone number in the format 48 xxx xxx xxx used as a user ID in the System.

When registering via the Mobile Application Pińczowski Rower, the following data is required:

name and surname, contact address, i.e. city, street with house/apartment number, postal code, country, e-mail address, mobile phone number in the format 48 xxx xxx xxx

used as a user ID in the System

At least the information that the Customer has read and accepts the PRM Regulations and the Operator's Privacy Policy should also be marked. The other data listed in points 6.1, 6.2, 6.3 must be completed by the Customer no later than 24 hours after registration.

 

During registration, the Customer generates a PIN code, which, together with the telephone number, is used to log in to the Customer Account.

An activation link will be sent to the e-mail address provided in the registration process via the website. The activation link remains valid for 24 hours after registration. Clicking the link serves to verify the correctness of this address and is one of the elements that must be met for the Customer Account to be active.

Activation of the Customer Account will take place after meeting all of the following conditions:

• - all data required for registration are provided on the Customer Account,
• - The customer clicked on the verification link,
• - the customer has paid the registration fee,
• - in the case of minors, after providing the consent of a parent or legal guardian.

Customer accounts containing incorrect personal data with a balance of PLN 0 may be automatically removed from the PRM database

If you do not want to become a User, do not conclude the Agreement, DO NOT click "Register" and do not access, browse, download the application or otherwise use the Website, website or information available through the Lublin City Bike Service

 

2. SERVICE DESCRIPTION and TERMS OF USE

The Operator provides services related to the operation of the PRM System and is responsible for its proper functioning. The Pińczowski Rower Miejski (PRM) service allows the Customer to use a maintenance-free bicycle rental available 24/7 during the bicycle season. The system, using dedicated IT tools - the website and the mobile application, the payment and settlement system, enables the User to collect/return the bike at any station equipped with a terminal and electric locks

The Operator is not liable for direct or consequential damages and lost profits resulting from improper performance of the Agreement by the Customer, or for other damages for which the User is responsible.The above provision does not prejudice, in the scope of the contract with the Customer, art. 473 of the Civil Code.

The Client undertakes to comply with the terms of the Regulations, in particular to make the agreed payment and to use the Bike in accordance with the rules set out in the Regulations.

The Client is responsible for the use of the Bike and the provided IT tools in accordance with its purpose and the terms of the Regulations and the law.

In the event of non-compliance with the conditions set out in the Regulations, the Operator has the right to block the Customer Account.

Detailed conditions of the Account Blockade are described in point 16.3 PRM Regulations available at pinczowskirower.pl.

The user is obliged to protect the login data from being obtained by third parties and may be charged for the use of the service by persons who obtained his login data through his fault.

The customer is responsible for any damage and destruction resulting from non-compliance with the Regulations. The Client may be charged with the costs of repairing such damage, including the cost of restoring the Bike specified in the Table of Additional Fees in the PRM System.

The Operator shall issue a bill or a VAT invoice to the Client for performing the necessary repairs.

The Client bears full and total responsibility and undertakes to cover all fines, fees, etc., imposed on the Client during the use of the Bike and resulting

because of his fault. However, the Customer is not responsible for fines, fees, etc., which have been imposed on him and result from the fault of the Operator.

It is not allowed to use PRM Bikes for mountain trips, jumps, stunt tricks, it is not allowed to race and to use the bike to pull or push anything. Carrying luggage is allowed only in the basket intended for this purpose. Do not hang anything from the frame or other parts of the bicycle.

It is forbidden to use PRM Bikes by persons under the influence of alcohol or other intoxicants, psychotropic substances or substitute drugs within the meaning of the provisions on counteracting drug addiction; strong anti-allergy drugs, other drugs that by definition prohibit or advise you to refrain from driving.

It is forbidden to transport PRM Bikes by cars and other means of transport owned by private persons. The ban does not apply to public transport, if the transport regulations allow for such a possibility.

It is forbidden to use protections that are not part of the PRM System to immobilize the Bike. The Operator reserves the right to remove inappropriate security measures applied by the Customer. All costs of restoring the Bike to a condition enabling the execution of Rentals shall be borne by the Client in accordance with these Regulations and the Table of Additional Fees.

The Client is responsible for the Bike from the moment of Rental to the moment of Return. Unauthorized passage results in charging an Additional Fee.

If the Bike is not returned for any reason, including its theft or loss, the Client shall be charged with the value of the Bike, in accordance with the Table of Additional Fees, for each lost Bike.

The Client undertakes to return the Bike in the same condition as at the time of Rental. In particular, the Client is obliged to take actions to prevent dirt and damage (apart from standard use) and theft of the rented Bike.

In the event of the theft of the Bike during the Rental, the Client is obliged to notify BOK PRM about it immediately after noticing the event.

In the event of an incorrect return of the Bike due to the fault of the Client, the Client bears the costs of its further Rental and is responsible for any theft and damage. In the event of difficulties with the return of the Bike, the Client is obliged to contact BOK

 

No electronic devices or devices used to connect to the Internet necessary to use the Service are provided to the Customer in accordance with these Terms of Use.

The customer is responsible for the purchase, maintenance and updating of compatible devices and connections, including all equipment necessary to connect to the Internet, the website and download applications.

Please note that not all Smartphones and mobile devices may be used to access our Service. Contact us at bok@pinczowskiirower.pl or check our website www.pinczowskiirower.pl for a list of working systems and devices for our application.

 

3. COPYRIGHT

All copyrights to the Materials belong to the Municipality of Pińczów or its licensors to the fullest extent provided for by applicable law. All rights to company names, trademarks, trade names, logotypes and designs, whether they appear in any elements of the PRM System or not, or with a trademark symbol, belong exclusively to the Pińczów Municipality or its licensors and are protected against duplication imitation, dilution or misleading or misleading use in accordance with national and international trademark laws. Use or misuse of any copyright or trademark is expressly prohibited, and nothing stated or implied in the Service grants you any license or right under any third party copyright or trademark.

The Website and Materials are intended for PRM Users. It is forbidden to use the Service or Materials for any purpose not related to business activity. Any use of the Service or Materials or any of their functionality for any purpose not permitted by this Agreement constitutes grounds for the immediate revocation of any user IDs, passwords or other permissions that may have been granted to you by PRM in order to use the Service.

Except as expressly permitted in these Terms of Use, you may not use, copy, reproduce, republish, store, modify, upload, display, encode, transmit, distribute, lease, license, sell, rent, transfer, transmit or otherwise transfer, assign, or make publicly available your account, the Service, or any portion thereof, or the materials contained therein in any way.

You are not authorized to adapt, translate, reverse engineer, decompile, disassemble or attempt to discover the source code, underlying ideas, algorithms, methods, techniques, file formats or programming interfaces, or to create derivative works from the Service or any portion thereof, except to the extent permitted by applicable law. The User is not entitled to remove, modify, hide, obscure, disable or modify any copyright, trademark or other proprietary notices, marks,

 

4. PERSONAL DATA PROTECTION and PRIVACY POLICY

Who is the administrator of your personal data? The administrator of your Personal Data is the Municipal Office in Pińczów, ul. 3 Maja 10, 28-400 Pińczów, NIP: 662-00-57-664, REGON: 000523761. Contact with the Administrator is possible at: mpk@mpk.lublin.pl and by phone at: +48 41 357 27 33. In matters relating to the processing of personal data, you can contact the Data Protection Officer at: sekretariat@pinczow.com.pl.

For what purpose do we process your personal data? We process your personal data in order to: ▪ create an account on the electronic website and provide services related to maintaining and servicing the Pińczowski Rower Miejski account; (Article 6(1)(b) of the GDPR - processing to perform the contract); ▪ provision of urban bicycle transport services (Article 6(1)(b) of the GDPR - processing for the purpose of performing the contract); ▪ handling complaints and claims (Article 6(1)(b) and (c) of the GDPR - performance of the contract and fulfillment of the legal obligation); ▪ for analytical and statistical purposes - the legal basis for processing is the Administrator's legitimate interest (Article 6(1)(f) of the GDPR), consisting in conducting analyzes of Users' activity on the Website and how to use the account, as well as Users' preferences in order to improve the applied functionalities; ▪ ensuring the possibility of controlling from which location bikes were rented and returned in the Cycling System using the location of individual stations - the legal basis for processing will be the Administrator's legitimate interest (Article 6(1)(f) of the GDPR), which is the protection of property interests by collecting information allowing to locate the bicycle; ▪ in order to possibly establish and pursue claims or defend against claims - the legal basis for processing is the Administrator's legitimate interest (Article 6(1)(f) of the GDPR), consisting in the protection of his rights; ▪ if you have consented to be contacted by telephone at the telephone number provided in the form for direct marketing purposes (legal basis - Article 6(1)(a) of the GDPR in conjunction with Article 172 of the Act - Telecommunications Law - your consent); ▪ if you have consented to the sending of commercial information by entities cooperating with the Administrator (legal basis - Article 6(1)(a) of the GDPR in connection with Article 10(2) of the Act and the provision of electronic services - your consent); Who can we share your data with? Your personal data is processed only to the extent related to the implementation of the above purposes. Your data may be transferred to entities authorized under the law. The data may also be disclosed to entities providing software and technical support for the Pińczowski Rower Miejski system, including: "COMDREV" Sp. z o. o. with its registered office in Szczecinek at ul. Cisowa 17, 78-400 Szczecinek and "COMDREV.PL" Sp. z o. o. with its registered office in Szczecinek at ul. Szczecińska 45, 78-400 Szczecinek. Your data will not be transferred outside the European Economic Area (including the European Union, Norway, Liechtenstein, UK and Iceland)

For what period will we process your data? The period of data processing by the Administrator depends on the type of service provided and the purpose of processing. As a rule, data is processed for the duration of the service or order fulfillment, i.e. for the time of registering an account on the website, until the consent is withdrawn or an effective objection to data processing is submitted in cases where the legal basis for data processing is the legitimate interest of the Administrator. The period of data processing may be extended if the processing is necessary to establish and pursue any claims or defend against claims, and after that time only if and to the extent required by law. After the end of the processing period, the data is irreversibly deleted or anonymized.

 

What type of your personal data do we process?

We process the data provided by you when registering the account, i.e. name and surname, e-mail address, contact telephone number, data regarding the location of the rented bike. What's more, we can also process the data on the transfer confirmation, i.e. the address of residence and the bank account number.

 

Is providing data mandatory?

Providing data is not mandatory, but it is a condition for concluding a contract. Failure to provide data will make it impossible to set up an account in the PRM system and use city bikes in the Pińczów Commune.

What rights do you have?

The user has the right to access the content of the data and demand their rectification, deletion, processing restrictions, the right to transfer data. To the extent that the User's data is processed on the basis of consent, this consent can be withdrawn at any time by contacting the Administrator. Please be advised that the withdrawal of consent does not affect the lawfulness of the processing which was made on the basis of consent before its withdrawal. The User has the right to object to the processing of data for marketing purposes, if the processing takes place in connection with the legitimate interest of the Administrator, and - for reasons related to the particular situation of the User - in other cases where the legal basis for data processing is the legitimate interest of the Administrator ( e.g. in connection with the implementation of analytical and statistical purposes). Users also have the right to lodge a complaint with the supervisory body, which is the President of the Office for Personal Data Protection. Will the data be profiled and used for automated decision making? Your personal data will not be subject to automatic methods of data processing based on automated decision making.

 

5. PROHIBITED USE AND HANDLING

The PRM Operator may offer the User the option of sending Materials or other information via the website or the PRM mobile application. You are responsible for and assume all responsibility for any Materials or other information you submit through the Service.

You are responsible for all activities that occur through your account and you agree not to upload, distribute, publish, transmit or store information or other material on, into or through the Service that: (i) infringes in any way any the intellectual property or proprietary rights of others or the privacy or publicity rights of others; (ii) is unlawful, profane, vulgar, sexually explicit, obscene, defamatory, threatening, harassing, abusive, racist, hateful, libelous, embarrassing or otherwise objectionable or that encourages criminal conduct that gives rise to liability or otherwise violates any law determined by PRM in our sole discretion; (iii) constitutes advertising or business solicitation, surveys, contests, chain letters or pyramid schemes; or (iv) contains viruses, Trojan horses, worms,

You further agree not to: (i) use any incomplete, false or inaccurate biographical or other information; (ii) remove or correct any material or other information of any other user of the Service; (iii) collect, store or transmit information about other users without their consent; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; (v) permit any other person or entity to use your username or password; (vi) attempt to decipher, decompile, disassemble or reverse engineer any software comprising or otherwise part of the Service; or (vii) access data not intended for you or log into a server or account that you are not authorized to access.

The PRM operator may investigate events that may involve violations of the above prohibited uses and conducts, and may solicit and cooperate with law enforcement authorities in prosecuting users involved in such violations. Therefore, such violations may result in civil or criminal liability, and the PRM Operator has the right to remove such infringing materials or prevent their use without notice. However, the PRM Operator bears no responsibility for the manner in which you submit any content, nor is it responsible for monitoring the Website for inappropriate content or behavior. The PRM operator does not and cannot pre-screen or monitor all content provided by you.

Using the Service is at your own risk. By using the Service, you may be exposed to content provided by Users that is offensive, indecent or otherwise inconsistent with your expectations. The User bears all risks associated with the use of any content provided by Users available in connection with the Service. However, if at any time the PRM Operator decides, in its sole discretion, to monitor the Service, the Municipality of Pińczów, however, bears no responsibility for the content provided by Users and assumes no obligation to modify or remove any inappropriate content provided by Users. The PRM Operator has the right, but not the obligation, to edit, refuse to publish or remove any content provided by Users at its sole discretion.

 

6. USER RESPONSIBILITIES

The User is obliged to comply with all applicable rules, regulations and laws in connection with the use of the Service and any further restrictions that may be specified in any written or on-screen notification by the PRM Operator. As a condition of using the Service, the User represents and warrants that he will not use the Service for any purpose that is unlawful or prohibited by this Agreement and the PRM Regulations.

 

7. REGISTRATION, USERNAME, PASSWORD AND SECURITY

The condition for using the PRM System is providing by the Customer: personal data required for registration, acceptance of the conditions set out in these Regulations, payment of the registration fee, clicking the activation link. The condition for using PRM is also maintaining the Minimum Account balance at the time of each rental

in the amount of at least PLN 1 for each bike rented (in words: one zloty).

Persons who are 13 years old and under 18 (hereinafter referred to as minors) may use PRM with the consent of their parent or legal guardian.

The parent or legal guardian is liable for any damages, in particular in connection with non-performance or improper performance of the Agreement, and undertakes to cover current liabilities set out in the Appendix.

It is required that the consent of at least one parent or legal guardian for the use of the Account by a minor has been sent to the Operator:

in the form of a scan of a letter by e-mail to the address bok@lubelskirower.pl

by registered mail to the Operator's address,

submitted in person at the seat of the Operator.

The consent should include:

telephone number of the minor to which the Account is registered,

name and surname of the parent or legal guardian,

consent to the use of the PRM System by a minor,

name and surname of the minor,

date of birth of the minor,

handwritten signature of a parent or legal guardian,

date and place of consent.

 

The consent template is available on the website www.pinczowskirower.pl in the Regulations tab

 

III.3 Persons under the age of 13 may use bicycles only under the care of a legal guardian.

III.4 The Client may rent up to 4 Bikes at the same time.

III.5 The PRM System Bikes may only be used for non-commercial purposes under pain of charging an additional fee in accordance with the Appendix.

III.6 The parties to the Agreement are obliged to notify each other of any changes to the addresses or other data identifying the parties provided during registration in the System.

By registering in the PRM System, you undertake that the information you provide or have provided in connection with the registration and use of the Services is true and accurate.

Your username and password will be your identity for the purposes of interacting with the Service. You will keep your login and password confidential, you will not distribute this information, and you will use your username and password only in accordance with this Agreement. You must notify PRM immediately if you become aware of or suspect: (i) any loss or theft of your username or password; or (ii) any unauthorized use of your username or password or the Service. In the event of such loss, theft or unauthorized use, PRM may impose on you,

If any unauthorized person gains access to the Website as a result of an act or omission on your part, you will make every effort to determine the source and method of obtaining this information and immediately inform the PRM Operator about it. You will also cooperate and assist in any investigations of such unauthorized access. You are responsible for actions taken using your username until you informed the PRM Operator about the loss of your password and PRM had a reasonable time to prevent the use of the Service using your username.

 

8. PAYMENTS AND IN-APP PURCHASES

Fees in the PRM System are calculated according to the rates specified in the Price Lists and the Table of Additional Fees, available on the Website, in the Mobile Application and at BOK PRM. The basis for calculating the fee for using the Bike is the Rental Time.

Payment for services and products offered under PRM may be made:

using payment cards,

via online payments available after logging in to the Customer Account on the Website or Mobile Application,

through a payment form at the post office or bank, generated by the payment operator.

Information on payment cards is processed by an external service provider and is not stored or available to the Operator.

All payments are transferred to the Operator's account.

At the Customer's request, the Municipality of Lublin will provide the Customer with a VAT invoice issued by the Municipality of Lublin covering the paid journey. For this purpose, the Client shall contact the Lublin Municipality by e-mail to the following e-mail address: sekretariat@pinczow.com.pl, by indicating the data necessary to issue a VAT invoice, date and time of Bike Rental, Bike Return and bike number.

In the event that the charged fees for the ride exceed the available funds, the Customer is obliged to top up his Account at least to the balance of PLN 0 by

3 business days. It will be possible to use the system again when the payments are settled and, in addition, the client's account has the minimum account balance required by these Regulations. In the case of customers who have chosen the payment described in V.2 point 2a, the funds held on the card, within 3 business days, must enable the payment to be made.

In the event of non-payment, the Operator reserves the right to take appropriate legal steps against the Customer aimed at obtaining payment for the performed Agreement, which results in blocking the Account until the payment is made. The Operator has the right to charge statutory interest for delay on overdue amounts from the due date to the date of actual payment in full.

If the Customer is in arrears with payments to the Operator, the Service Operator reserves the right to provide information about the arrears to the entities indicated by the relevant provisions of law. The Client acknowledges that the PRM Operator has the right to transfer the due and payable receivables from the Client, resulting from the Agreement, to third parties, which will entitle these third parties to claim the said receivables from the Client. The PRM Operator reserves the right to entrust a debt collection company with the recovery of receivables from the Client.

The refund of fees paid for Rentals may be made after termination of the Agreement. During the term of the Agreement with the PRM Operator, fees for Rentals (Top-Up Amount) are refundable up to the minimum balance.

The basic version of the Service requires a registration fee specified in the PRM Regulations.

 

9. TERMINATION OF THE AGREEMENT

The Customer may withdraw from the Agreement concluded with the Operator - on the basis of the law, without giving any reason, within 14 days from the date of its conclusion. The deadline is considered met if the Customer sends a statement of withdrawal from the Agreement to the Operator before its expiry.

The Customer may withdraw from the Agreement by:

sending a statement of withdrawal from the Agreement to the Operator's e-mail address bok@pinczowskirower.pl, sending a written statement of withdrawal from the Agreement to the Operator by registered mail to the postal address provided in point I.3.

In the event of withdrawal from the Agreement, the Agreement is considered void. In the event of withdrawal from the Agreement, each Party is obliged to return to the other everything received under the Agreement. The return of benefits takes place no later than 14 days from the date of receipt by the Operator of the declaration of withdrawal from the Agreement. The refund is made using the same payment methods that were used by the Customer in the original transaction, unless the Customer agreed to a different solution in the statement of withdrawal from the Agreement. A different solution should be indicated by the Customer in the submitted statement.

If, at the Customer's request, the performance of the service begins before the deadline for withdrawing from the Agreement, the User is obliged to pay for the services provided until the withdrawal from the Agreement. The funds remaining on the account shall be returned no later than within 14 days from the date of consideration by the Operator of the declaration of withdrawal from the Agreement.

Termination of the Agreement at the Customer's request.

The Customer has the right to terminate the Agreement. The Customer may submit a notice in the following way:

electronically to the e-mail address bok@pinczowskirower.pl electronically via the contact form on the Website, by registered mail to the Operator's postal address given in point I.3,

in person at the Operator's office.

Termination of the Agreement takes place immediately, not later than within 14 days from the date of delivery of the notice to the Operator. The termination of the Agreement results in the liquidation of the Customer Account in the PRM System by the Operator.

Before submitting the notice, the Customer is obliged to top up the funds on his Customer Account to the balance of PLN 0. Termination of the Agreement in a situation where the balance on the Customer's Account is negative does not affect the Operator's right to claim an amount equal to the amount due by the Customer for the services provided by the Operator.

If the funds on the Customer's Account exceed PLN 0 on the date of termination of the Agreement, they will be returned to the bank account indicated by the Customer in the application, unless the Customer agreed to a different solution when terminating the Agreement. A different solution should be indicated by the Customer in the submitted statement. The funds will be returned within a maximum of 14 days from the date of termination of the Agreement. If the return of funds is related to the need to incur additional costs on the part of the Operator in the form of transfer costs, these costs will be deducted from the funds the Customer is entitled to return.

The Operator may terminate the Agreement with a 7-day (seven-day) notice period in the event of an important reason, which may be, in particular, liquidation of the PRM System or cessation of operation or change in the scope of operation of the PRM System.

Termination of the Agreement for the provision of electronic services by the Operator takes place by sending a statement of termination of the Agreement for the provision of electronic services to the User's e-mail address indicated in the User Account or by submitting a statement to the User in any other way.

The termination of the Agreement results in the liquidation of the User Account by the Operator.

 

10. JURISDICTION IN POLAND

The service is provided in Poland. We make no representation that the content or Materials presented on the Service are appropriate or available for use in jurisdictions of other countries.

If you access the Service from a jurisdiction other than Poland, you agree that you do so on your own initiative and are responsible for compliance with local laws if and to the extent local laws apply to your use of the Service.

 

11. CHOICE OF LAW AND COURT

This Agreement is subject to Polish jurisdiction and will be construed in accordance with Polish law