Litteract Terms & Conditions
§ 1. General terms and conditions
- These regulations (hereinafter referred to as the Regulations) set out the principles of operation of a social platform created to facilitate the cleanliness of public space (hereinafter referred to as Litteract) available as part of a dedicated Mobile Application, as well as the Litteract website available at litteract.com.
- The owner of Litteract is Litteract spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław at Grawerska street 111, 51-180 Wrocław, Poland, KRS (National Court Register) number: 0000814454, NIP (Taxpayer Identification Number): 8952211978, REGON (Statistical Identification numer): 384907372, share capital in the amount of 5.100,00 PLN (hereinafter reffered to as Administrator or Service provider).
- For the purposes of these Regulations, the following definitions apply:
- Application – software adapted to be saved in the memory of Mobile Devices;
- Login Data – means data enabling Login to the User Account, i.e. Login and Password,
- EEA – means European Economic Area,
- Password – means a string of alphanumeric characters necessary to authorize the User in order to gain acces to the User Account; determined by the User himself during registration to Litteract or by changing the current password;
- Consumer – an individual who uses Litteract for purposes other than those relating to his or her business or profession, to which the consumer protection legislation in the EEA will apply;;
- User’s account – means a programming solution within Litteract separated for a specific User, through which the User may use Litteract;
- Login – means a string of alphanumeric marks, being the User’s individual identifier (name), necessary to access the User’s Acount, the User’s login in his e-mail address, except for cases when the User has registered and logs in to Litteract via a Google account or an account on Facebook;
- To log in – means the act of entering Login Data in the appropriate form to access Litteract after successful Registration or performing other activities, including logging in to Litteract via a Google account or Facebook account, allowing the User to be identified and access to the User Account under Litteract
- Regulations – means these regulations;
- Registration – means a set of activities that must be performed in order for the User to create a new User Account;
- Contract – means a contract between the Service Provider and the User, the subject of which is to enable the User to use Litteract and to provide services within the framework of Litteract;
- Mobile Device – a portable electronic device allowing to receive, send and process data via a wireless internet connection with iOS or Android installed (e.g. smartphone, tablet);
- Services – means services provided by the Service Provider electronically as part of Litteract;
- User – an individual who uses Litteract resources and functions;
- The User may be a natural person, as well as a legal person or an organizational unit without legal personality, provided that the legal person or organizational unit without legal personality uses the resources and functions of Litteract through natural persons authorized by it. In any case, Litteract may be used only by a natural person who has full legal capacity and is at least 18 years old.
- For proper operation of Litteract it is required that the device through which the User connects to Litteract meets the following minimum technical requirements for the Application:
- Internet connection,
- operating system: Android or iOS, in the most current version,
- In the activity of Litteract, the User is allowed to use the Services, which include:
- access to the main page of the Litteract Application;
- creation of a User Account with Litteract, where the User can access the following Litteract functions:
- the possibility to personalize the User Account by entering your personal data, descriptions and pictures;
- the access to the pollution map (Map);
- the possibility to upload pictures presenting the waste noticed by the User on the Map, as well as descriptions to these pictures;
- organizing events e.g. waste collection, importing events from social networks;
- contacting other Users;
- scoring and awarding credits to Users for cleaning up the waste indicated on the Map, on the conditions specified in the Regulatons.
- newsletter Litteract.
- The service provider reserves the right to change the range of services provided by the Litteract with regard to Litteract development.
- The use of the Litteract Application is free, however the Service Provider reserves the right to introduce paid services into the Application.
- All costs related to the data transmission required to download and use the Litteract Application, each time shall be borne by the User, based on relevant contracts concluded with internet service providers or telecommunications operators.
- The Service Provider informs that the use of the Application potentially may involve the risks in the form of:
- the possibility of infecting the Mobile Device by malware – in order to avoid the associated risks, it is recommended to install antivirus software on Mobile Devices and update it on an ongoing basis;
- the potential possibility of sanctions for the use of certain functionalities of the Litteract Application (e.g. publication of pictures of specific places) in individual countries – you should read the relevant laws of that country before using the Application in that country. The use of the Application in a given country despite the User’s knowledge of the lack of its legality is at the User’s sole risk,
- the possibility of disclosing your data or unauthorized access to the Application for reasons attributable to the User – in order to avoid the risk, the User shall take the measures necessary to keep the Login Data confidential and to protect the Mobile Device from access by third parties in an appropriate manner (e.g. by establishing a password or device access code, or using biometric means of access verification).
§ 2. General terms of service
Access service to the home page and public subpages of Litteract
- The contract for the provision of the service of access to the Litteract website is concluded with the actual commencement of use of the Litteract homepage (by which it is meant to enter the website located at www.litteract.com or any of its subpages) and continues until the User leaves it. Starting to use the Litteract homepage is an acceptance of the provisions of these Regulations to the extent that they refer to the website litteract.com.
- The agreement for the provision of the Litteract Application access service is concluded upon downloading and installing the Application on a Mobile Device and continues until its removal from the Mobile Device. User may download the application from the following internet platforms: App Store (for iOS) and Google Play (for Android). Installation of the Application from other sources than those indicated in the previous sentence constitutes a breach of the Regulations, and the Service Provider shall not be liable for any damage caused by the operation of the Application downloaded from other sources.
Creation and use of a USER’S ACCOUNT
3. In order to create a User Account with Litteract (Registration), the User shall be obliged to fill in the registration form available in the Application and confirm that he has read and accepted the provisions of the Regulations by ticking the appropriate checkbox below the form. In order to create a User Account, the User shall provide the following data:
- date of birth;
- e-mail address;
and create a Password. User may also register through his Google or Facebook account. For this purpose, the User shall click on the appropriate link on the Litteract registration page and log in to his Google or Facebook account.
- The User is obliged to provide real, current and complete data during the Registration process, under pain of deleting the User’s Account if the Administrator has a justified reason to suspect that the data provided by the User during the Registration process is untrue, outdated and incomplete. In such a case, the Administrator shall immediately notify the User to the e-mail address provided by him/her that the account has been deleted by the Administrator. The risk of indicating incorrect or incomplete data in the User’s Account shall be borne by the User.
- Registration shall be deemed completed at the moment of activation of the User’s account, through the link sent by the Administrator to the User’s e-mail address given in the Registration form by the User. At this moment, the agreement on the use of the service of access to the User’s Account shall be considered concluded. At this moment, the agreement on the provision of access to the User Account shall be deemed concluded. In the case of a registration through a Google or Facebook account, the registration shall be deemed to have taken place when the User Account is accessed.
- Access to the User’s Account takes place after entering the Login and Password form, except for the case when the User has made a Registration through his Google or Facebook account. A password shall consist of at least 8 marks, including at least one upper and lower case letter and a number. The Service Provider recommends the User to change his/her password periodically in order to secure his/ her Account. If you have registered with your Google or Facebook account, you will be logged in by clicking the appropriate link on the Litteract login page and logging in to your Google or Facebook account.
- The User undertakes not to make his Login Data and access to his User Account available to third parties.
- The User is obliged to properly secure the User Account against unauthorized access by third parties. In case of gaining unauthorized access to the User’s Account by third parties or suspicion of password disclosure, the User is obliged to change the Password or, if this is impossible, report this fact to the Service Provider.
- Access to the User’s Account is disabled in case:
- infringements of these Regulations in connection with the use of the User Account, if the Regulations provide for the possibility to suspend temporarily the access to the User’s Account and the Service Provider will decide on the requirement to block the User’s Account,
- where such an obligation is imposed on the Service Provider by law or by a decision of an authority made in application of the law.
- The User’s Account will be deleted in case:
- infringement of these Regulations by the User, if the Regulations provide for the possibility of deleting the User’s Account and the Service Provider decides on the necessity of blocking the User’s Account,
- where such an obligation is imposed on the Service Provider by law or by a decision of an authority made in application of the law.
11. The condition for concluding an agreement for the provision of the free Litteract Newsletter service is that the User fills in and sends the Newsletter subscription form available at Litteract and confirms the instruction by clicking on the activation link sent by Litteract in the e-mail sent to the e-mail address provided by the User in the Newsletter subscription form. Alternatively, the provision of the Litteract Newsletter service may be started after selecting the appropriate field in the User’s panel within the User Account, then the Litteract Newsletter will be directed to the e-mail address provided during User Account Registration or distributed as a notification on the Mobile Device on which the Application has been installed, depending on User’s preferences.
12. Subscribing to the Litteract Newsletter shall be considered as acceptance of the provisions of the Regulations concerning the use of the free Litteract Newsletter service, which the User is obliged to become familiar with.
§ 3. General terms and conditions of use of services available under Litteract
- The User undertakes not to post or share any content that is generally considered offensive, untrue or contrary to generally applicable law, rules of social intercourse or morality within the framework of the Litteract. In particular, it is prohibited to introduce content into Litteract:
- aimed at spreading hatred towards certain persons or social groups;
- which are intended to abuse or violate the personal rights of particular individuals or groups of society,
- including incitement to commit acts prohibited by law, in particular violence,
- presenting or inciting to violence, including threats,
- drastic content (in particular presenting dramatic events),
- promoting the use of dangerous products, in particular weapons or explosives, and depicting or describing their use,
- encouraging ill-advised alcohol, tobacco, drugs or medicines consumption, or offers to sell alcohol, tobacco, drugs, medicines or other substances,
- relating to harmful or misleading products and services, in particular financial services,
- promoting gambling
- of a sexual nature,
if the Service Provider becomes aware of the placement of prohibited content within the framework of Litteract, the Service Provider shall be entitled to remove it immediately.
- On the Map the User is entitled to place only pictures:
- the cleaned area in which the waste indicated on the Map was previously deposited, in the event of the User cleaning the area in which the waste was deposited.
In particular, the User is not entitled to place on the map pictures of any person.
- The User declares that he/she has intellectual property rights to all content uploaded or made available by him/her under Litteract.
- The user is obliged to use Litteract in accordance with the law, good manners and principles of social intercourse
- The Service Provider may temporarily block access to the User’s Account containing content contrary to these Regulations, applicable law, good manners or rules of social coexistence or delete such User’s Account. Deletion of the account shall take place after the User has been summoned to remove the infringement within a specified period.
- The Service Provider reserves the right to interrupt the access to Litteract or individual services, related to the maintenance or implementation of changes to Litteract, as well as arising from reasons beyond the control of the Service Provider. The Service Provider shall make every effort to ensure that these interruptions last as short as possible.
- The Service Provider is entitled to delete personal data which it obtains reliable information that they have been collected in violation of these Regulations or in violation of the law.
§ 4. Debtor and service provider’s liability
- The user shall be fully and exclusively responsible for all consequences of his use of Litteract in violation of these Regulations, applicable laws and rules of social coexistence.
- In case third parties make any claims against the Service Provider in relation to the content provided by the User in Litteract, the User shall release the Service Provider from any liability on this account and cover all costs incurred by the Service Provider in relation to the above mentioned claims.
- The Service Provider shall not be liable for any damage resulting from interruptions in the operation of Litteract not caused by him and for any damage resulting from the cessation or suspension of services under Litteract performed by the Service Provider in accordance with the provisions of these Regulations or as a result of reasons beyond the Service Provider’s control, as well as for errors and interruptions in the operation of Litteract, including in particular the loss of User data, resulting from reasons beyond the Service Provider’s control.
- The Service Provider shall not be liable for damages resulting from the disclosure of Login Data or unauthorized access to the User’s Account, if it is not at fault in this respect.
- The Service Provider is not liable for information and materials placed in Litteract by the Users. In the case of knowledge about the illegal nature of information or materials placed in Litteract by the User, the Service Provider reserves the right to remove such content from Litteract.
- It is forbidden to send messages that constitute unsolicited commercial information via Litteract.
- Any exclusion of liability provided for in these Regulations shall not apply to the Consumer if the exclusion of liability is not possible due to the content of applicable laws.
- The Application, as well as all information, materials and content available in it, as well as its layout, including logos, graphics, photos and trademarks, which have not been introduced into the Application by the User, are subject to the exclusive rights of the Service Provider or its business partners respectively and are protected by law. The User is not entitled to use in any way the information, materials and content referred to in the previous sentence, unless he has obtained the Service Provider’s prior consent.
§ 5. Personal data
- The User is not entitled to enter into Litteract any personal data of persons other than the User. In case of violation of the prohibition referred to in the previous sentence, the Service Provider shall be entitled to delete personal data and User Account.
- Files containing information necessary for the proper functioning of Litteract (“Cookies”) may be stored on the Data Terminal Equipment of Users using Litteract.
- In case when the Service Provider gets information that in connection with entering data into Litteract there has been a violation of law or the Regulations, the Service Provider shall immediately inform the User about this fact, and the User shall be obliged to remove the found irregularities, under pain of their removal from Litteract, or if it is required by the provisions of applicable law or if such obligation results from the decision of the authority applying the law – the Service Provider shall take independently ordered actions in order to restore the legal status, in particular remove the data.
§ 6. Consumer’s right of withdrawal (EEA)
- A user who is a consumer to whom EEA consumer protection regulations apply may, without giving reasons or incurring costs, withdraw from a contract for the provision of a paid service within 14 days of its conclusion. The statement of withdrawal may be submitted in electronic form to the e-mail address of the Service Provider: firstname.lastname@example.org or sent in writing to the following address: Grawerska 111, 51-180 Wrocław (Poland).
- The right of withdrawal referred to in paragraph 1 above is excluded if the consumer has agreed to start using the digital content within the framework of Litteract before the expiry of the above period to withdraw from the contract or if the Service Provider has fully performed the service before the expiry of the above period to withdraw from the contract with the consent of the Consumer.
MODEL WITHDRAWAL FORM
(the form should be completed and sent back if you wish to withdraw from the contract – by post or to the e-mail address indicated)
Litteract sp. z o.o.
111 Grawerska Street
51-180 Wrocław, Poland
[…], the e-mail address: […], who has an account with Litteract, hereby withdraw from the contract for the provision of services under Litteract, subject […], concluded on the following date […].
§ 7. Duration and termination of service contracts
- The Agreement for the provision of the Litteract Newsletter service and the Agreement for the provision of access to the User Account are concluded for an indefinite period of time.
- The User may at any time resign from the service of access to the User’s Account by clicking the link “delete account” placed in the User’s Account settings section or by sending an e-mail with an appropriate disposal to email@example.com.
- The user may at any time resign from the Litteract Newsletter service by clicking the “unsubscribe” link included in the content of e-mails sent as part of the Newsletter. A user with a User Account may also resign from the Newsletter service by clicking the appropriate button in the settings section of the User Account.
- The Service Provider may, for significant reasons, at any time terminate the agreement for the provision of the Litteract Newsletter service and access to the User’s Account, as well as another agreement concluded between the Service Provider and the User through Litteract. In particular, the following shall be regarded as important reasons:
- gross violation of the provisions of these Regulations by the User,
- complete cessation of services covered by the Regulations by the Service Provider.
- Statements on the termination or withdrawal referred to in this paragraph, the Service Provider and the User submit in electronic form – the Service Provider to the e-mail address indicated by the User as part of the User Account, or by means of an appropriate message submitted within the User Account, and the User to the e-mail address of the Service Provider: firstname.lastname@example.org.
§ 8. Complaints
- If a given Service available within the framework of Litteract is provided in violation of these Regulations, the User may file a complaint.
- Complaints can be submitted electronically to the e-mail address: email@example.com. If in order to consider a complaint it is necessary to obtain additional complaints from the User, the User shall be obliged to provide them under pain of leaving the complaint unprocessed.
- The service provider shall consider the complaint within 30 working days from the date of its receipt. The response to the User’s complaint is sent to the e-mail address from which the complaint was submitted.
§ 9. Final provisions
- In the case of a dispute between the Service Provider and the User who is a Consumer in the provision of services within the framework of Litteract, the Consumer shall be entitled to use out-of-court means of complaint handling and pursuing claims, including in particular by submitting a complaint in a selected official language of the European Union by means of the EU ODR internet platform, available on the website: http://ec.europa.eu/consumers/odr.
- The Service Provider reserves the right to amend these Regulations for important reasons, which are:
- change in the scope, type or nature of services provided by the Service Provider, covered by the provisions of these Regulations and the conditions of their provision, in particular due to technical reasons,
- change the name of any service covered by these Terms and Conditions,
- Detection of inaccuracies or illegality in the content of these Regulations,
- change of legal regulations justifying the necessity to change or remove particular provisions of the Regulations,
- the need to adapt the Service Provider’s scope of activity to the guidelines, recommendations, decisions or rulings of a public authority, court or other body legally empowered to issue binding instructions to the Service Provider,
- organisational and technical changes in the Service Provider’s structure, including in particular transformation, merger, acquisition, renaming.
- Each User who have a User Account shall be informed about the change of the Regulations by e-mail and information on the User Account, at the latest 14 days before its introduction. Lack of acceptance of the amended Regulations when first logging in to Litteract after publication of information about the change of the Regulations shall be tantamount to a declaration of resignation from using the services provided through Litteract and removal of the User’s Account, within the deadline set by the User and the Service Provider, and in the case of lack of possibility of amicable settlement, within 14 days from the date of submission of the declaration of lack of acceptance of the new Regulations.
- If the change concerns the provision of the Litteract Newsletter service, each User who is a subscriber of the Litteract Newsletter will be informed about the change of the regulations by e-mail.
- The law applicable to agreements between the Service Provider and the User concluded as part of the use of Litteract, under the conditions specified in the Regulations, shall be Polish law. Any disputes related to services provided by the Service Provider within the framework of Litteract shall be settled by the competent Polish common courts. The choice of Polish law and jurisdiction may not, however, result in depriving the Consumer of the protection provided by the mandatory regulations in the Consumer’s State.
- The Regulations enters into force on 01.02.2020
- The content of the regulations is available at https://litteract.com/index.php/terms-conditions/