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Terms and Conditions

§ 1
General provisions

  1. These Terms and Conditions (hereinafter: “Terms” or “Conditions”) specify the principles, terms and conditions for using a mobile application called Tortuga Friends, designed for mobile devices equipped with Android  or IOS operating systems (hereinafter: “Application”), and constitute the regulations within the meaning of Article 8 of the Act of 18 July 2002 on providing services by electronic means.
  2. The Owner and Operator of the Application, as well as the provider of services provided through the Application, is NT.NET Spółka z ograniczoną odpowiedzialnością, with its registered office in Ostrów Wielkopolski, ul. Krotoszyńska 35, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Poznań – NOWE MIASTO I WILDA in Poznań, 9th Commercial Division [SĄD REJONOWY POZNAŃ – NOWE MIASTO I WILDA W POZNANIU, IX WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO], KRS [National Court Register] number: 0000338017, Tax identification number (NIP): 6222720614, with fully paid-up share capital of PLN 200 000 (hereinafter: “Operator”).
  3. The User of the Application, within the meaning of these Terms and Conditions, is a natural person who has completed 18 years of age, and who has installed the Application of their own mobile devices and uses the functions offered in the Application (hereinafter: “User”). Registration is strictly prohibited for persons under 18 years of age. By accessing, using or registering into the Application, the user declares that they are over 18 years of age.
  4. For safety reasons, the Application must not be used when driving or riding a vehicle.
  5. The Application allows the User the following:
    • making contact between motorcyclists travelling to a particular destination and motorcyclist who intend to go in the same direction in order to give them a possibility to travel together or exchange road information between the Users,
    • providing information about traffic on roads,
    • informing about products and services offered by third parties,
  6. Using the Application is possible on smartphones equipped with one of the following operating systems:
    • Android version 5.0 or newer,
    • the latest version of iOS available on the market.
  7. When the Application is downloaded and installed on the User’s mobile device, the User enters into a contract with the Operator for providing services by electronic means through the use of the Application, including in particular the services consisting in having access to the functions of the Device. Downloading the Application from the shops listed in § 2 point 2 of the Terms and Conditions, as well as using the basic services offered through the Application is free of charge. The Operator allows for the possibility of introducing additional payable functions with future updates of the Application or device software. The payable functions will be clearly indicated in order for the User to have a full knowledge concerning the costs of using these functions.
  8. The costs of data transfer required to download, install, run and use the Application are covered by the Users themselves based on their contracts with telecom operators or other Internet service providers. The User is responsible for covering any charges related to data transfer necessary to use the Application. The Operator recommends using applications or functions of the operating system which allow measuring the amount of data transfer.
  9. The Application and all of its content and information as well as the content layout, together with logotypes, graphic items and trademarks, constitute the exclusive rights of the Operator or their business partners and are subject to legal protection.

§ 2
Technical requirements and access to the application

  1. The application is available to all persons with mobile devices which meet the technical requirements specified below, and to which they download the Application using an appropriate shop and run the Application properly.
  2. The User’s mobile device on which the Application is to be run shall meet the following technical requirements for the operating system:
    • for the Application downloaded from AppStore – the latest version of iOS available on the market
    • for the Application downloaded from Google Play – Android version 5.0 (or newer).
  3. Downloading and installing the Application from other sources than indicated above is a breach of these Terms and Conditions. This point does not apply to Users whose mobile devices have a pre-installed version of the Application approved by the Operator.
  4. To ensure a proper start and running of the Application, it is necessary to activate the following functions on a Device:
    • GPS service,
    • Internet connection,
    • bluetooth connection,
    • Wi-Fi connection
  5. In order to for the User to use the functions of the Application, prior registration is required.

§ 3
User registration

  1. When the Application is run for the very first time, the User is required to go through the registration process in the Application, i.e. to set up an individual User’s account (hereinafter: “Registration”).
  2. In order to set up an Account, the User must fill in all the required boxes in the registration form;
    – individual nickname (user name), which will be displayed in the Application
    – phone number;
    – e-mail address;

    – password;
    – repeated password;
    – country of residence;
    and confirm that they have acquainted themselves with the Terms and Conditions as well as the Privacy Policy and accept their provisions and content.
  3. The User will be sent an e-mail with an activation link to the address submitted in the form, which is a confirmation of the Registration process. The User is required to click on the link or copy it to the address bar in their internet browser, and next click “Accept the conditions”. After that the browser will show a confirmation of concluding the process of registration, and the User will be able to log in to the Application.
  4. Running and logging in to the Application (or keeping the Application running in the background) is necessary to be able to use the Application and its functions.
  5. The User has the right to edit their personal data during the Registration process and to change the password given at Registration. Editing the data and changing the password may be done through the Application.
  6. During Registration, as well as while using the Application, the User is required to:
    • provide true, accurate and current data which is not misleading;
    • update the data submitted at Registration when changes are made to the data;
    • keep in secret the password necessary to log in to the Application and not to disclose the password to other persons.
  7. The Operator may extend the registration form with additional boxes which may be optional and may not have any influence on concluding the Registration process.
  8. The User is solely responsible for any inconsistencies in the data submitted by them, as well as for disclosing their password to third parties.
  9. The Operator herein informs that they do not verify in any way the Users’ identity in the Registration process. Where there are reasonable doubts concerning the accuracy of the data submitted by the User during Registration, the Operator reserves the right to limit the User’s ability to use the Application until the User has confirmed that the data submitted is correct. The Operator will indicate the way in which the User shall confirm the data by contacting the User to the e-mail address submitted during Registration.
  10. The User undertakes not to create or use – under their own identity or the identity of third parties – and Accounts other than created initially.

§ 4
Verification

  1. In order to ensure full transparency and a high level of confidence as well as prevention and fraud detection, the Operator may create a system of verification of information submitted by the User to their Account. It relates in particular to the phone number or identity document submitted.
  2. The User is aware and accepts the fact that any reference within the Services to “verified” information or a similar type of phrase only mean that a given User has undergone the verification procedure positively. The Operator cannot guarantee in any way the correctness, credibility or validity of the information requested in the verification procedure.

§ 5
Optional functions of the application

  1. The User may integrate the Application with their account in the social media – Facebook. This integration is optional and does not limit other services provided through the Application.
  2. The integration of the Application referred to above may be activated and deactivated by the User at any time.

§ 6
Terms of use of the application

  1. Users must use the Application in accordance with the current legal regulations, these Terms and Conditions and the regulations which apply in the shops from which the Application has been downloaded, as well as with the rules of social conduct, including general principles for using the Internet and mobile applications.
  2. Users must in particular:
    • use the Application and the Device in a way that does not interfere with their functioning;
    • use the Application and the Device in a way that is not disruptive to other users or the Operator, and with due respect to personal goods of third parties and all other rights they are entitled to;
    • use all information and materials which are available through the Application only in accordance with fair use.
  3. Users must promptly inform the Operator about any case of violation of their rights related to the use of the Application.
  4. In order to ensure appropriate use of the Application, Users shall accept the reception of push notifications within the scope of services provided through the Application and specified in § 1 point 2 of these Terms and Conditions.
  5. The Application uses Google Maps API, which enables displaying and using maps in the Application. The Application cannot function without Google Maps API. The Terms of Service for Google products and services are available at: https://policies.google.com/terms?hl=pl. To see additional terms and conditions for using Google Maps go to: https://www.google.com/help/terms_maps.html. To see Google’s Privacy Policy go to: https://policies.google.com/privacy?hl=pl. After being accepted through the User’s operating system, Google Maps will begin to be used for estimating possible routes and displaying an interactive distance from other users. The Operator processes the location information using GPS in accordance with Article 6 (1) (b) of DGPR. The User’s location information from GPS is transferred to Google only in an anonymous form. Identification of the User on this basis is impossible.

§ 7
Liability of the Operator

  1. The Operator conducts ongoing supervision of technical functioning of the Application, ensuring its proper functioning.
  2. The User uses the Application voluntarily, on their own responsibility and shall ensure the possibility for its proper functioning to the extent it is possible for them (e.g. proper functioning of a mobile device, using settings which enable receiving current notifications from the Application, etc.). Proper functioning of services, applications and websites is the responsibility of their providers.
  3. The Operator does not take any responsibility for limitations or technical problems of IT systems used in Users’ mobile devices, which may limit or make it impossible to use the Application the services offered through it.

§ 8
Inviting new users

  1. After registering to the Application, the User may invite in any form third parties to use the Application.
  2. A person invited to the Application by the User agrees to inform the inviter about the fact of using the Application, and hence using the Services provided by the Operator.
  3. By inviting another person to use the Application, the User agrees to inform the invited person about the fact that they use the Application.

§ 9
Posting notices

  1. The User, provided the following conditions are met, may create and post Notices on the Platform, giving information about an expected Ride (date/time, place of departure and arrival, etc.).
  2. By posting a Notice the User may specify the towns in which they are planning to pause in order to meet other Users. Each section of the Ride between the towns or one of the towns and the place of departure or arrival are hereinafter referred to as “Sections”.
  3. The User may post a Notice only when they meet all of the following conditions:
    • the User has a valid driving licence;
    • the User posts Notices only about vehicles which they own or use with the clear consent of the owner, and, in any case, to which they are entitled in order to have joint rides;
    • the vehicle has a valid insurance policy concerning third-party liability insurance;
    • there are no medical contraindications for operating motor vehicles;
    • the User does not intend to post another Notice concerning the same Ride;
  4. The User holds full responsibility for the content of their Notices posted in the Application. Therefore, the User states that all information posted in their Notice is true and correct, and that they commit themselves to perform the Ride as specified in the Notice.
  5. The Notice will be published in the Application and will be visible to other Users provided that it has been posted by the User in accordance with these Terms and Conditions. The Operator reserves the right, based solely on their own decision and without any need to inform the User, to deny posting a Notice or delete at any time a Notice which does not comply with the provisions of these Terms and Conditions, or if they consider the Notice to cause damage to the image of the Operator or the Application.
  6. The User agrees that the criteria taken into consideration as regards the classification and order of displaying Notices depend solely on the Operator’s decision.

§ 10
Liabilities of all users of the application

  1. The User bears the sole responsibility for compliance with all legal provisions, regulations and responsibilities concerning the use of the Application.
  2. In addition, in relation to using the Application and during Rides, the User undertakes:
    • not to use the Application for any professional, business-related or profit-making purposes;
    • not to provide the Operator (in particular when creating or updating a personal Account) or other Users with any false and misleading information or information which is intended to commit a crime;
    • not to publish on the Platform any comments or posts containing libellous, defamatory, obscene, pornographic, vulgar, aggressive, violent, illegal content, as well as any comments or posts containing threats or cases of harassment, content which is racist or xenophobic in its nature, has sexual grounds, incites violence, discrimination or hatred, encourages the use of illicit substances, and more generally – content which is incompatible with the purposes of the Platform and may cause damage to the Operator or any third parties, as well as content which is inconsistent with good morals.
    • not to violate any rights of the Operator and their image, and in particular their intellectual property;
    • not to create more than one Account in the Application and not to create Accounts on behalf of any other persons;
    • not to contact other Users, in particular through the Application, for any purposes other than those related to specifying the conditions for joint use of vehicles;
    • to conform to all the provisions of these Terms and Conditions and Privacy Policy.

§ 10
Termination of use of the application

  1. The Users may terminate using the Application at any time, and in particular when they do not accept the changes made to the Terms and Conditions, Privacy Policy or Application updates. Termination of use of the Application requires uninstalling and deleting the Application from a mobile device.
  2. Where the User is found to have performed any acts prohibited by law or these Terms and Conditions, or acts violating the principles of social conduct or acts jeopardising the legitimate interest of the Operator, in particular by compromising their reputation, the Operator may take all legal action, including limiting the User’s access to the Application and the services provided through it.

§ 11
Privacy policy

  1. The Operator processes personal data of the Users of the Application in accordance with the principles specified in these Terms and Conditions and in conformity with relevant Polish legislation concerning the protection of personal data as well as the Regulation (UE) 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 Directive 95/46/EC (General Data Protection Regulation).
  2. Detailed principles concerning the processing of personal data by the Operator, serving as the Controller of the data, are specified in the Privacy Policy available on the website: https://tortugafriends.com/polityka-prywatnosci/

§ 12
Complaints

  1. Any complaints regarding the use of the Application or the services provided through it, as well as questions concerning the use of the Application shall be addressed to the Operator’s e-mail address: info@tortugafriends.com
  2. A complaint should contain the following: user’s first name, last name, phone number and e-mail address (submitted at Registration), Device model, name and model of an electronic device, current version of the IT system installed on the mobile device, as well as a reason for the complaint with a detailed description.
  3. The Operator will consider every complaint within 14 days from the receipt thereof and they will inform the User via e-mail about the manner in which the complaint will be considered. Where the data of information provided in the complaint require supplementation, the Operator will ask the User to complete the missing information prior to considering the complaint. The time necessary to provide additional information by the User extends the time for considering the complaint.

§ 13
Final provisions

  1. In any matters not covered by these Terms and Conditions, other relevant provisions of Polish law shall apply, and in particular the provisions of the Civil Code and the Act on providing services by electronic means.
  2. These Terms and Conditions are available via the Application and on a website: https://tortugafriends.com/
  3. The Operator reserves the right to change the Terms and Conditions at any time. Users will be informed via e-mail submitted during Registration about the changes in the Terms and Conditions at least 7 days in advance, as well as when they run the Application for the first time after a notification concerning possible changes has been issued. The changes are in effect from the time specified in the notification (not earlier than 7 days). The changes are considered to be accepted by the Users when they continue using the Application after the changes have been introduced.
  4. These Terms and Conditions are in effect since 01 September 2018.