Terms of Service Simply.in

1. BASIC INFORMATION

  • 1.1. These Terms specify the rules for Users’ free use of the Simply.In System, Simply.In Application, and the Service available at https://simply.in/.
  • 1.2. The Service Provider and owner of the System is Simply.In limited liability company based in Łódź (hereinafter referred to as: “Service Provider” or “Simply.In”).
  • 1.3. Contact with the Service Provider is possible via:
    • 1.3.1. email address: support@simply.in;
    • 1.3.2. phone number: +48 607509009;
    • 1.3.3. address: 94-040 Łódź, Bratysławska 10/26;
    • 1.3.4. contact form available on the Service website.
  • 1.4. The Service Provider has designated a contact point for direct electronic communication with member state authorities, the European Commission, and the Digital Services Board – email address DSAcontact@simply.in.
  • 1.5. Contact with the Service Provider is possible in Polish or English.
  • 1.6. These Terms are continuously available in the footer of the Service and in the Application, in a manner enabling the acquisition, reproduction, and recording of its content by printing or saving at any time on a durable medium. The Terms are also provided to registered Users at the email address specified at the time of Account registration.

2. DEFINITIONS

  • 2.1 Application – the mobile application named Simply.In intended to be installed on the User’s mobile device with the Android or iOS operating system, through which the User can use the services and functionalities of the System.
  • 2.2. Account – a User account registered in the System. After registering in the System, the User gains access to all functionalities available within the Account.
  • 2.3. Partner – an individual, an organizational unit without legal personality, or a legal person who has entered into an Agreement with the Service Provider or takes actions to conclude it.
  • 2.4. Simply.In or Service Provider – Simply.In limited liability company based in Łódź (94-040), ul. Bratysławska 10/26, registered in the National Court Register of entrepreneurs maintained by the District Court for Łódź – Śródmieście in Łódź, XX Economic Department of the National Court Register, under KRS number: 0001031339, REGON: 525060145, NIP: 7272868199, share capital: 150,000 PLN.
  • 2.5. Terms – these Terms of electronic service provision using the System.
  • 2.6. Simply.IN or Service Provider – Simply.IN limited liability company based in Łódź (94-040), ul. Bratysławska 10/26, registered in the National Court Register of entrepreneurs maintained by the District Court for Łódź – Śródmieście in Łódź, XX Economic Department of the National Court Register, under KRS number: 0001031339, REGON: 525060145, NIP: 7272868199, share capital: 150,000 PLN.
  • 2.6. System – Simply.In software created, maintained, and provided by the Service Provider, enabling, among other things, the memorization of User data during online shopping and streamlining such shopping, available through the Service or Application.
  • 2.7. Service – the online service operated by the Service Provider at https://simply.in/, through which the User can use the services and functionalities of the System.
  • 2.8. Authorization – the power of attorney granted to the Service Provider by the User via the Service or Application, authorizing the Service Provider to fill out forms available on the websites or applications of the Service Provider’s Partners on behalf of the User.
  • 2.9. User – any individual who uses the System via the Service or Application, meeting the requirements specified in the Terms.

3. USING THE SIMPLY.IN SYSTEM

  • 3.1. Using the Simply.In System is possible after registration.
  • 3.2. Registration enabling the creation of an Account in the System is intended for a User who collectively meets the following conditions:
    • 3.2.1. is over 18 years of age or over 13 years of age and meets the requirements mentioned in point 3.3. below
    • 3.2.2. has an active mobile phone number,
    • 3.2.3. has correctly provided all the information necessary to create an Account.
  • 3.3. For individuals over 13 years of age but under 18 years of age, creating an Account is possible if such person has obtained consent from their parent or legal guardian to create an Account and use the Services. Every User under 18 is required to present this consent at any time upon request from the Service Provider. Failure to present consent within the specified deadline will entitle the Service Provider to delete the User’s Account immediately.
  • 3.4. Registration in the System and Account creation takes place (i) on the Partner’s service or using (ii) the Website or (iii) via the Application.
  • 3.5. A User wishing to create an Account in the System should:
    • 3.5.1. in the case of account registration via the dedicated form available directly on the Website or Application – enter correct User data in the dedicated form, at least in the fields marked as mandatory; review the Terms and Conditions and then submit the completed form via the “Next” button or a similar option; in the following step, enter the SMS code for data verification or click the verification link sent to the email address, and then click the “Next” button or a similar option,
    • 3.5.2. in the case of account registration via the Partner’s service – verify the phone number in the dedicated form or enter the correct phone number in this form, review the Terms and Conditions, and then submit the form via the dedicated button in the Partner’s service for order submission.
  • 3.6. Immediately after sending the registration form according to the rules described in point 3.54 above, the Service Provider creates an individual Account in the System. At this moment, registration is complete, and an agreement for using the System is established between the Service Provider and the User. The User can verify their email address at any time using the dedicated button available in the Account.
  • 3.7. If the User stops using the phone number that serves as the User’s identifier in the System, the User is obliged to update the phone number on their Account or delete the Account.
  • 3.8. Within the User’s Account, the Service Provider offers the User access to the following services and functionalities:
    • 3.8.1. access to the Account and its maintenance;
    • 3.8.2. enabling the entering, saving, and editing of User data;
    • 3.8.3. allowing the User to view orders placed using the Account and access the history of such orders;
    • 3.8.4. allowing the User to use the functionality of auto-completing data saved by the User in online stores or services run by Partners.
  • 3.9. The Service Provider does not allow account registration using a pseudonym or anonymously.
  • 3.10. Registration activities are carried out once. Subsequent use of the Account’s functionalities is done by logging into the Account on the Website by entering an email address or entering the email address on the purchase path in one of the online stores or services run by Partners, and verification by entering the code received via SMS to the phone number provided by the User within the Account or confirmation of actions via the Application.
  • 3.11. A User can only have one Account.
  • 3.12. The Service Provider informs that sharing login data with third parties may result in unauthorized use of User data. If the aforementioned data is shared with third parties for use under the conditions described in the previous sentence, the Service Provider will consider all actions performed by these third parties as actions of the User unless the circumstances of the specific action performed using the aforementioned data indicate unauthorized use of this data by a third party. The Service Provider is not responsible for any consequences of the User sharing login data with third parties.

4. TERMS OF USE OF THE SIMPLY.IN DIGITAL WALLET

  • 4.1. Using the Simply.IN Digital Wallet, the User may save their payment instruments for future use and manage them (delete, modify data, etc.), and then make payments to Partners.
  • 4.2. This service is available to any User who saves at least one payment instrument for future use.
  • 4.3. Such instruments include payment cards branded VISA or Mastercard (debit, credit, prepaid), both physical and virtual, issued by banking or non-banking card issuers operating under the licenses of VISA, Mastercard, or American Express anywhere in the world.
  • 4.4. The service operates in accordance with the standards of the VISA and Mastercard payment organizations for pass-through digital wallets and complies with the PCI DSS 4.0 technical standard.
  • 4.5. The Simply.IN Digital Wallet service is not a payment service and does not require authorization from the Financial Supervision Authority or any other authorities, as it is a service provided by a technical service provider supporting the provision of payment services (Article 6, point 10 of the Payment Services Act).
  • 4.6. Saving payment cards and later managing them is possible both through the Website and the Application.
  • 4.7. Saving a payment card always requires providing the card data, i.e., its number, expiration date, and security code (CVV, CVC, etc.). Information such as the cardholder’s name and address may be requested optionally and additionally.
  • 4.8. The User undertakes to provide all required information in the card registration forms, which must be current, complete, and accurate. The User also agrees to promptly update the provided information to ensure its continued correctness.
  • 4.9. The Service Provider, acting in accordance with the standards of the VISA and Mastercard organizations, verifies the payment card by sending payment authorization requests to its issuer, which may involve a so-called debit transaction of zero or a small amount of money, which will then be refunded.
  • 4.10. The User is obliged to use only payment instruments that they own or for which they have the explicit and unambiguous consent of the owner to use (e.g., company expense cards entrusted by the employer, etc.). The User bears sole responsibility for the use of payment instruments for which they did not have the owner’s consent.
  • 4.11. A payment card may be removed from the Digital Wallet in the following cases:
    The User deletes the card via the Website or the Application.
    The User deletes their account in the System.
    The payment card is blocked by the card issuer.
    The Card Issuer or card organization (VISA or Mastercard) instructs the Service Provider to remove the payment card from the Simply.IN Digital Wallet.
  • 4.12. The User acknowledges that the Service Provider may receive information from the card issuer, payment processor, or Partner regarding payment transactions made using that card, which will be used solely for the proper provision of services under these Terms and for compliance with VISA and Mastercard organization standards and PCI DSS standards.
  • 4.13. The User acknowledges and accepts that payment transactions made using cards stored in the Simply.IN Digital Wallet are transactions between the User and the Partner, and the Service Provider is not a party to them.
  • 4.14. In case of rejection of a transaction using the selected payment card, the Service Provider may charge another valid payment card saved by the User in the Digital Wallet.
  • 4.15. Usługodawca informuje, że instalacja dostarczanych przez niego aktualizacji Aplikacji może być konieczna dla prawidłowego jej działania i zapewnienia odpowiedniego poziomu bezpieczeństwa. Usługodawca rekomenduje instalowanie takich aktualizacji niezwłocznie po ich udostępnieniu za pomocą Google Play Store, HUAWEI AppGallery lub Apple Store. Brak aktualizacji Aplikacji może doprowadzić do obniżenia poziomu bezpieczeństwa korzystania z Aplikacji.
  • 4.16. Resubmission of Transactions – The User agrees that, if a previous transaction by the Service Provider was rejected or returned by the payment organization, the Merchant may resubmit the related transaction to the payment organization for processing at least once.
  • 4.17. The Service Provider reserves the right to suspend transactions that it knows or suspects may constitute a criminal offense.

5. TERM AND TERMINATION OF THE SYSTEM USAGE AGREEMENT

  • 5.1. The System usage agreement is concluded for an indefinite period.
  • 5.2. The User may terminate the Service at any time without giving any reason by using the “Delete account” deactivation button available within the Account or by sending an account deletion request to the email address support@simply.in.
  • 5.3. The Service Provider may terminate the account usage agreement with immediate effect upon the occurrence of any of the following important reasons:
    • 5.3.1. violation of the Terms and Conditions by the User,
    • 5.3.2. violation by the User, in connection with the use of the Service, of any legal provision or rights of other persons.
  • 5.4. Notwithstanding the provisions of points 5.2. and 5.3. above, the Service Provider may terminate the Service Agreement with a 7-day notice period in the event of the occurrence of any of the following important reasons:
    • 5.4.1. the Service Provider determining that the User uses the System in a manner that violates good practices or social norms,
    • 5.4.2. the Service Provider determining that the User uses the System contrary to the objectives or scope of the System’s activities,
    • 5.4.3. the Service Provider determining that the User conducts actions that violate or threaten the security of the System,
    • 5.4.4. liquidation of the System or cessation of its activities or changes to the scope of the System’s activities.
  • 5.5. If a particular circumstance constitutes an important reason described both in point 5.3. above and in point 5.4. above, the Service Provider may, at their discretion, terminate the agreement with immediate effect based on point 5.3. above or with the notice period specified in point 5.4. above.
  • 5.6. Termination of the Service Agreement by the Service Provider is effected by sending a statement of termination to the email address of the User specified in the Account (i.e., provided during registration or changed by the User after registration) or by delivering the statement to the User in any other form.
  • 5.7. In the cases referred to in points 5.3. and 5.4. above, the Service Provider will also or alternatively be entitled to impose visibility restrictions on specific information provided by the User or remove them.
  • 5.8. The Account remains active until its deletion in connection with withdrawal or termination by the User or Service Provider of the System usage agreement, provided that the Account will remain active until the completion of all ongoing orders.
  • 5.9. Once an Account is deleted, it cannot be restored.

6. WITHDRAWAL FROM THE AGREEMENT

  • 6.1. The User has the right to withdraw from the agreement for using the System without providing any reason. The withdrawal period expires 14 (fourteen) days after the conclusion of the agreement.
  • 6.2. To exercise the right of withdrawal, the User should inform the Service Provider of their decision by making an unequivocal statement (e.g., sent by mail or electronically). In the event of withdrawing from the agreement, the contract is considered null and void. If the withdrawal statement is submitted electronically (e.g., via email), the Service Provider will promptly confirm receipt of such a statement on a durable medium. The User may use the withdrawal form template, which is Annex No. 1 to the Regulations, but it is not mandatory. To comply with the withdrawal period, it is sufficient to send the statement before the deadline specified in item 7.1.
  • 6.3. If the agreement for using the System is withdrawn, it is considered null and void. However, this does not affect the validity of agreements concluded with Partners during the period of using the System and the necessity to fulfill obligations arising from it.

7. COMPLAINTS

  • 7.1. Any complaints regarding irregularities in the operation of the System, including objections related to the operation of the Website or Application, can be submitted to the Service Provider in any manner, including – at the User’s choice:
    • 7.1.1. by email to support@simply.in;
    • 7.1.2. via the contact form available on the Website;
    • 7.1.3. in writing – by mail sent to the Service Provider’s registered office address.
  • 7.2. Complaints are reviewed promptly, within no more than 14 calendar days from the date of filing the complaint. The response will be sent via the same communication channel through which the complaint was directed to the Service Provider, unless the User has indicated another way of delivering the complaint response. If the complaint does not contain sufficient data to send a response, it will be available for collection by the User at the Service Provider’s office.
  • 7.3. The Service Provider may request additional information from the User if required for recognizing the complaint.
  • 7.4. Failure to send feedback regarding the complaint within the period specified in item 7.2. above is tantamount to acknowledging the complaint by the Service Provider.
  • 7.5. If the complaint procedure is exhausted, the User may use out-of-court means to resolve complaints and assert claims. Detailed information on the possibility of using out-of-court means of complaint resolution and claim assertion and access rules to these procedures are available in the offices and on the websites of district (municipal) consumer ombudsmen, social organizations dedicated to consumer protection, Regional Inspectorates of the Trade Inspection, and on the website of the Office of Competition and Consumer Protection.

8. TERMINATION OF SYSTEM FUNCTIONING

  • 8.1. The Service Provider may terminate the provision of access to the System at any time, for a valid reason, such as:
    • 8.1.1. change in generally applicable law directly impacting the functioning of the System and necessitating its closure;
    • 8.1.2. economic unprofitability of the System’s functioning;
    • 8.1.3. issuance of a ruling or decision by a court or an authorized public authority concerning the System and resulting in the necessity of its closure.
  • 8.2. The Service Provider will notify the Users of the termination of the System’s functioning through an announcement on the Website and Application and via email or SMS, indicating the date of termination, which cannot occur earlier than 30 (thirty) days from the notification date unless the termination date resulting from the ruling or decision mentioned in point 8.1.3. above is shorter.

9. PROCESSING OF PERSONAL DATA

  • 9.1. The User’s use of the System involves the processing of their personal data by the Service Provider. An essential component of using the System is also the sharing of the User’s personal data with Partners.
  • 9.2. The Users’ personal data will be processed particularly for the purpose of executing the agreement for using the Website, providing information on current offers and promotions, handling and reviewing complaints, as well as defending and asserting claims by the Service Provider.
  • 9.3. Detailed information about the processing of personal data, including the rights of the data subjects, is available in the Privacy Policy.

10. RIGHTS AND RESPONSIBILITIES OF THE SERVICE PROVIDER

  • 10.1. Shaping, developing, and maintaining the System are the exclusive rights of the Service Provider. The Service Provider is particularly entitled to temporarily limit or remove individual System functionalities.
  • 10.2. The Service Provider is not liable for:
    • 10.2.1. interruptions in the System’s operation due to reasons attributable to the User and independent of the Service Provider,
    • 10.2.2 interruptions in the System’s operation due to reasons independent of the Service Provider, constituting force majeure,
    • 10.2.3. technical problems or difficulties related to the operation of the User’s end device, which hinder or prevent the use of the System,
    • 10.2.4. technical problems or difficulties arising from reasons on the Partner’s side, which hinder or prevent the use of the System,
    • 10.2.5. damage caused by any User as a result of violating third-party rights;
    • 10.2.6. damages incurred by the User in relation to blocking or removing the System Account due to the User’s violation of the Terms or generally applicable law.
  • 10.3. The Service Provider is entitled to partially or completely disable the System’s operation for the purpose of its repair or modernization, while the Service Provider commits to minimizing the time of partial or complete System operation disablement. In the case of complete System operation disablement for repair or modernization, the Service Provider will place an appropriate announcement on the Website and Application.

11. CHANGES TO THE REGULATIONS

  • 11.1. The Service Provider is entitled to unilaterally amend these Terms and Conditions at any time in the event of any of the following important reasons:
    • 11.1.1. the need to adapt the Terms and Conditions to legal regulations, recommendations, guidelines, orders or prohibitions, rulings, resolutions, interpretations or decisions of authorized public authorities,
    • 11.1.2. changes in the scope of services provided by the Service Provider,
    • 11.1.3. changes in the functionalities available through the System,
    • 11.1.4. changes in the fees for the services provided by the Service Provider,
    • 11.1.5. changes in the scope or nature of the Service Provider’s activities,
    • 11.1.6. changes in the technical conditions for using the services provided by the Service Provider,
    • 11.1.7. the need to counteract abuses related to the services provided by the Service Provider or available in the System,
    • 11.1.8. the need to adapt the Terms and Conditions to best practices related to the provision of services by the Service Provider, including best practices in the field of protecting Users’ rights,
    • 11.1.9. the need to correct unclear or doubtful formulations or to correct obvious typographical errors that may occur in the Terms and Conditions,
    • 11.1.10. the emergence of new risks or threats related to the use of services provided by the Service Provider, or changes or elimination of such risks or threats,
    • 11.1.11. changes in the Service Provider’s data, including company name, registered office address, phone numbers, email addresses, URL addresses (links/hyperlinks) included in the Terms and Conditions.
  • 11.2. The Service Provider informs the User by publishing on the Website at least:
    • 11.2.1. the content of the planned change to the Terms and Conditions;
    • 11.2.2. the date the change takes effect;
    • 11.2.3. the uniform text of the Terms and Conditions after the changes.
  • 11.3. Changes to the Terms and Conditions take effect from the date explicitly indicated by the Service Provider, after being published on the Website, for all agreements concluded after that date.
  • 11.4. The Service Provider will inform Users with an Account about changes to the Terms and Conditions via email, to the email address provided within the Account. It is assumed that the User has consented to the new content of the Terms and Conditions if within 14 days from the notification of the change, in the manner specified in this point, the User has not deleted the Account in the manner described in point 5 of the Terms and Conditions.

12. FINAL PROVISIONS

  • 12.1. The Terms and Conditions come into effect on December 1, 2023.
  • 12.2. If the User does not have consumer status within the meaning of current regulations, the following specific provisions apply: (i) The Service Provider is not liable for damages caused by non-intentional fault, and the liability of the Service Provider is limited to the actual losses suffered by the User, (ii) disputes arising between the Service Provider and the User are subject to the exclusive jurisdiction of the court competent for the location of the Service Provider’s registered office, (iii) if any provisions of the Terms and Conditions are contradictory or unclear, the Service Provider is entitled to a binding interpretation of the Terms and Conditions for the User.
  • 12.3. For matters not regulated in the Terms and Conditions, the relevant provisions of Polish law shall apply. To avoid doubts, it is assumed that none of the provisions of the Terms and Conditions limits the rights of the User, which are granted to them under the legal regulations applicable in the territory of the Republic of Poland. In the event of finding a provision of such a nature, the provisions of applicable law shall apply unconditionally.
  • 12.4. Disputes arising from the Terms and Conditions, which could not be resolved amicably between Users and the Service Provider, will be resolved by the competent common court.
  • 12.5. If any provision of the Terms and Conditions is found to be invalid in whole or in part, ineffective, or unenforceable, only such a provision will remain invalid in whole or in part, ineffective, or unenforceable, and the remaining provisions shall remain in force.

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