Terms & Conditions
of E100 Mobile
Each download, installation, launch and use of the Mobile Application or its individual functionalities, services and tools (hereinafter referred to as – the “Functionality”) is deemed to be the complete, informed and explicit acceptance by the User of the provisions of this Agreement in the version in effect at the time of the actual use of the Mobile Application, as well as the conclusion of the Agreement by joining it.
- General Provisions
- The User receives the right to use the Mobile Application (as described in clause 2.2. and in any remaining provisions in this Agreement (hereinafter – “use of the Mobile Application”, “the right to use the Mobile Application”) from the moment it is installed on the device through the application store (Google Play/App Store), which also means that the Company has duly fulfilled the obligation to transfer the right to use the Mobile Application to the User.
- The User confirms that it has all the necessary rights and powers to conclude the Agreement on the use of the Mobile Application and its execution.
- The proper use of all Functionality of Mobile Application is only possible when the User agrees fully with the terms and conditions of the following rules and agreements:
- the regulations, rules and policies of the respective application store (Google Play/App Store);
- The User confirms that the execution of commands of the Mobile Application using the application store is one of the ways to enter into agreements required to use the Functionality, services and tools available to the Users. The User hereby confirms that it is familiar with and undertakes to comply with the terms and conditions of these agreements. This agreement (including any of their parts) may be amended without any special notice period. This agreement and other applicable documents (if any) shall be hereinafter referred to as “Mobile Application Documents”; a new edition of the documents comes into force from the moment of their publication and/or delivery to User in the Mobile App, unless otherwise specifically provided.
- To use the Mobile Application fully, the User needs to log in by using the provided login and password. Login details with necessary information may be provided by SMS at the request of the User. Access for authorisation in the Mobile Application can be configured in the “Client's Personal Account” of the “E100 System” accessible via the e100.eu portal. Some Functionalities of the Mobile Application can only work with access to the Internet; the User provides the required access to the Internet independently and at its own expense. Upon providing login details, User using a mobile device with the iOS operating system has the option to grant or refuse permission for messages to be sent to the User directly from the Mobile Application (push notifications) and/or for geolocation. For Users using a mobile device with the Android operating system, the possibility of the Mobile Application sending the Users notifications and sharing their location information is determined by the device settings entered by the User. Agreeing to receive push notifications and/or geolocation is not a condition to use Mobile Application, but has the effect of limiting the Functionality of Mobile Application that use notifications and/or geolocation. The User may consent to provide notifications through different channels of communication (e.g. by e-mail or SMS).
- The information available to the User in the Mobile Application within the framework of the authorised User concerning goods or services, depending on the type of such information, is provided by partners of the Company or by the Company itself. The Company is not responsible for the content and/or relevance of the information provided by its partners to Users e.g. commercial information, however transfer of such information belongs a part of Functionality, therefore by using Mobile Application, User consents to transfer such information, in particular displaying of information with help of electronic means (i.e. Internet) and the Company obliges itself to provide such information, including by means of dedicated push notifications, on basis of separate agreement or this T&C. Information shared with Mobile Application by consent of the User includes information shared with Company, to the extent of activation of “E100 Mobility”, i.e. mobile refuelling functionality activated by User following activation steps as described under following link: https://e100.eu/en/e100-mobility or to the extent limited by lack of such activation. The interaction of the User regarding the purchase of goods and/or services in the E100 System is carried out by the User independently (without the participation of the Copyright Holder) in accordance with the accepted rules for the provision of services in the E100 System.
- The User is responsible for the safety of the login and password used for authorisation in the Mobile Application from third parties. All actions performed in the Mobile Application using the User's login and/or password shall be considered as actions of the User. The User is fully responsible for actions committed by third parties using the Mobile Application, as well as for damage caused by third parties, including damage to the Mobile Application and/or the Company.
- By acceptance of provisions of this Agreement, the User freely consents to the electronic service provided by the Company and, in the applicable scope (if any), by its partners and agrees that the Company and its partners may inform the User about the procedure and methods of using the Mobile Application, provide him with customer satisfaction polls related to provided services, and with its explicit consent, about the marketing, advertising and other events held by the Company and its partners. Acceptance of the terms of this Agreement means the consent of the User with the specified right of the Company and its partners to inform the User with messages concerning Mobile Application maintenance and other necessary updates.
- Subject of the Agreement
- The Company grants the User a non-exclusive licence to download, install (reproduce), launch and then use the Mobile Application subject to the User's compliance with the terms and restrictions specified in this Agreement.
- During the validity period of the Agreement, the User is granted the right to use the Mobile Application as described in the online platform, and for purposes as described in in this Agreement and any other applicable agreement, in particular connected with the use of Mobile Application in E100 System as it may be described in separate agreement, in particular in the following ways:
- use the Mobile Application for its direct functional purpose, installing the Mobile Application an unlimited number of times on an unlimited number of Devices belonging to the User, provided that the Mobile Application is retained completely in the form presented in the corresponding application store (Google Play/App Store);
- use the Functionality, services and tools supported in the Mobile Application for unauthorised users and authorised users with a login and password for authorisation;
- get access to the installation and use of new versions of the Mobile Application (as soon as they are released).
- Some elements of Functionality, e.g. E100 System-related Functionality, requires sharing or transferring data by - or -with third parties, which User accepts by accepting provisions of this Agreement. the Mobile App The territory of use of the Mobile Application shall be as follows: all countries in which the Mobile Application operates on the User's device as per any applicable agreement (including Agreement).
- No fee is charged for using the Mobile Application under the terms and conditions of this Agreement. The use of the Mobile Application on terms and in ways not provided for by this Agreement is only possible in the manner and on the terms stipulated by a separate written agreement with the Company. The use of Mobile Application does not alter any negotiated provisions of the separate written agreement with the Company.
- The use is non-exclusive license i.e. the User does not acquire any exclusive rights to the Mobile App intellectual property rights "Mobile Application. Documents" and applicable laws on the protection of intellectual property (whether local or international), protect the Company's rights to the Mobile Application.
- Any use of Mobile Application is limited by the provisions of the applicable agreement, Mobile Application Documents, or provisions of law – whichever may be applicable for the particular type of activity with help of or of Mobile Application.
- Use Restrictions of the Mobile Application
The User is prohibited from taking the following actions without the prior written consent of the Company:
- grant the rights to the Mobile Application to any third parties in any way;
- modify, create similar software independently or with the help of third parties, fully or partially, improve, translate into other languages, perform engineering analysis, including in order to reproduce, decompile, reverse-assemble, decode, perform emulation, violate the integrity of the security system, restore or attempt to restore the source code or protocols of the Mobile Application or any of its parts or Functionality;
- delete, hide and modify notices of the exclusive rights of the Company available in the Mobile Application;
- make decisions with help of the Mobile Application and Functionality regarding goods or services if it is not (or is no longer) legally capable to make them;
- include third parties personal data into the Mobile Application;
- reproduce design elements or user interface of the Mobile Application independently or with the help of third parties, as well as use the Mobile Application, any of its parts or Functionality as part of commercial products, services or offers;
- carry out a comparative analysis of the Mobile Application independently or with the help of third parties, publishing the results of such analysis, and also use the mentioned results for competing software development activities.
- Mobile Application Development and Its Performance Guarantee
- The Company, at its sole discretion, makes changes, modifies the Mobile Application, expands its Functionality or terminates the development and technical support of the Mobile Application without any special notice. The Company is not obliged to provide support, maintenance, updates, modifications or new versions of the Mobile Application.
- The Company may suspend access to the Mobile Application for the User, including due to the conducting of technical works.
- Any version of the Mobile Application is provided “as is”, which means that the Company does not provide any guarantees with respect to the Mobile Application or its Functionality, in particular, the Company does not guarantee that:
- the Mobile Application, its Functionality, their direct or indirect effect and quality will meet the requirements and goals of the User;
- the operation of the Mobile Application, its Functionality will be provided continuously, reliably and without errors;
- the results that will be obtained through the use of the Mobile Application, its Functionality, will be accurate, reliable and meet the expectations of the User.
- The Company may designate the Mobile Application or its Functionality as a beta version (hereinafter - the “Beta version”). The Beta version is provided to Users in order to conduct testing, identify possible malfunctions and inaccuracies, receive feedback and expectations from Users.
- Regardless of the test results, the Company is not obliged to make the Beta version available for general use. The User does not provide any services to the Company - the User takes part in testing the Beta version on a voluntary basis and may not demand any compensation and/or remuneration arising from such participation, including for providing the Company with revealed shortcomings, its expectations and feedback related to the Beta version.
- Personal Data Processing
Considering aforementioned, the Company is the Controller of the personal data in the scope of User details provided directly by the User to the Company via the Mobile Application and its Functionality, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (hereinafter GDPR). The Controller informs that:
a) the personal data of the User, its representatives or representatives provided by the User are shared by - or with – the E100 System entities (partners, controllers), as per separate written agreements, for the purpose of the Functionality of Mobile App, as per the User voluntarily disclosure and to the extent necessary to perform and process data under this Agreement and any other applicable agreement (pursuant to Article 6 (1) (b) or (f) of the GDPR), including the administration of the claims, thus the processing of data that may be classified as personal data according to the provisions of the GDPR is necessary for the purposes of the performance of the Agreement to which the data subject is a party, or to take action at the request of the data subject concern, prior to the conclusion of the Agreement or arising from legitimate interests pursued by the Controller (pursuant to Article 6 (1) (f) of the GDPR) regarding the performance of the Agreement, in accordance with the principles of data processing indicated in the GDPR. In particular, the data are processed, i.e. business registration data, including contact details (e.g. name and surname or business name, business addresses including postal address, e-mail address, telephone and fax numbers, account numbers, tax identification number) and financial information, i.e. User data related to the performance of the Agreement or separate agreement concluded with any other entity concluded between E100 System participant and the User (incl. principal legal entity);
b) personal data provided to the Company by the User may be entrusted to the necessary extent for processing or made available for the purposes or in connection with the proper performance of contractual obligations and obligations arising from the above-mentioned agreements concluded between the User and Company or E100 System entities, to other recipients, i.e. companies from the E100 capital group in the EU or subcontractors - or other third parties - in the event of an obligation to provide information under applicable law or in special cases, when the transfer of data is necessary to establish, investigate or the protection of claims, also transferred, within the meaning of the GDPR, to other entities (recipients) in a third country or an international organization, and in the case of the European Commission ascertaining or not establishing an adequate level of protection or in the case of transfer referred to in art. 46, art. 47 or article. 49 sec. 1, second paragraph, with appropriate formal and legal (standard contractual clauses) and technical (i.e. pseudonomization) safeguards. Notwithstanding abovementioned, the User might be required to provide consent for the transfer of the personal data to the third country under separate agreement;
d) the data subject has the right to request the Controller to access personal data, the right to rectify it, delete it ("the right to be forgotten") or limit processing, the right to object to processing, the right to transfer data;
e) User, to the extent that he requests to delete or limit the processing of data, does not have the right to limit their processing or delete them, to the extent that these data can be processed on the basis of the legal grounds for them processing by the Controller or other controllers (including to the extent necessary for the performance of obligations under the Agreement or separate agreements – if any);
f) the data subject has the right to lodge a complaint with the applicable supervisory body dealing with the protection of personal data in the applicable territory.
g) the processed personal data may be used in some scope relevant for services quality for automated decision making, including profiling, within the meaning of the GDPR;
h) in the case of personal data of the User's representatives or attorneys that entered the separate agreement with E100 International Trade Sp. z o.o., the rules for the processing of personal data specified in the 'E100 clause for representatives' will apply to the relevant extent, the content of which is available at: https://e100.eu/pl/klauzula- information-e100-for-representatives;
i) the period of data processing by the Controller or any other applicable controller is no longer than it is necessary for the purposes for which these data are processed or results directly from the provisions of law - e.g. in the case of processing them to the extent necessary to perform the obligations imposed on the controllers by law;
- Other Provisions
- The Agreement is considered to be concluded at the moment of installing the Mobile Application on the device and is valid until the complete removal of the Mobile Application from the device. The User has the right to unilaterally refuse to execute this Agreement at any time by completely removing the Mobile Application from its device.
- The validity period of the licence is equal to the validity period of the Agreement; upon termination of the Agreement, the User loses the right to use the Mobile Application.
- The licence to use the Mobile Application on the User's device in accordance with the conditions set in the text of this Agreement may be cancelled by the Company completely at any time.
- The Company is not liable to the User for any damages associated with the use of the Mobile Application or with the inability to use it, including due to possible errors, malfunctions or force majeure events.
- Any specifically negotiated, conflicting provisions shall take precedence before this Agreement. This Agreement and all relations regarding the use of the mobile application are governed by the valid legal enactments of the Republic of Estonia.
- All disputes under this Agreement are resolved by the Parties through negotiations. If it is impossible to resolve disputes through negotiations, they are subject to consideration by the court appropriate as per the legal seat of the Company or any other applicable court, in case dispute refers to any negotiated, separate agreement.
- The Company may introduce amendments to the Agreement unilaterally. Such amendments come into force from the date of their delivery to the User, either by publication on the e100.eu portal or in the Mobile Application, unless otherwise expressly indicated by the Company.