BikeService Terms of Use
 

§1. Definitions

1. Portal - software and the BikeService application system within the meaning of the Act on Copyright and Related Rights, operated by BikeService and distributed under the name "BikeService", available on the Internet in the domain http://www.bikeserviceapp.com. The application is intended for Clients and is used for booking repairs by Clients in order to conclude contracts for the provision of Services by Service Providers.
2. Client - a natural person who makes a reservation for repairs for purposes unrelated to its business or professional activity, in order to use the Services offered by the Service Providers.
3. Service provider - bicycle service, which uses the application system in connection with business or professional activity and has an account in the application system.
4. User - Customer
5. Account - part of the Application together with a set of IT solutions allowing the use of the Application to logged in Customers. The account is created automatically after the first booking.
6. Service - services offered through the Application by the Service Providers, in particular in the field of bicycle repair and related topics.
7. Booking - booking the Service by the Customer using the Application.
8. BikeService - a brand of Bikeservice Sp. z o.o. based in Warsaw, 5A/23 Batalionu AK Karpaty Street, entered in the National Court Register under KRS number 0000980730, REGON 522515651 and NIP 5213975544 which is the administrator and holds the copyrights to the Application and the Portal.

§2. Range of services

1. BikeService provides Customers with access to the Application enabling contact between the Customer and the Service Provider in order to conclude contracts for the provision of Services. Through the Application, Clients may make a Booking Service. The application is available on the Internet at www.bikeserviceapp.com, it can also be installed on a mobile device with Internet access.
2. To enable clients to make a Booking, BikeService grants its customers a non-exclusive, non-transferable, non-transferable, limited access to the territory of the Republic of Poland, for the use of the Application (hereinafter referred to as "License")
3. BikeService only makes the Application available to enable contacting and entering into contracts for the provision of Services, isn't a party to these agreements and doesn't bear any responsibility towards Clients for proper performance of the contract.
4. BikeService will ensure the correct availability of the Application as well as the removal of any failures as soon as possible due to erroneous operation of the Application. Customers are not entitled to any claims to ensure the continued and uninterrupted availability of the Application, as well as any claims for disabling the Application.
5. BikeService don't charge any fees from Customers for using the Application.

§3. Customer

1. The client may only be a natural person who is at least 16 years old and has at least limited legal capacity. In the case of minors, the consent of the statutory representative for the creation of an Account is required. By making the Registration process, the underage person declares that he / she has the consent referred to above.
2. The client gains access to the functionality and content of the Application without the need to login.
3. By making a Booking, the Customer accepts the Regulations and the terms of the License.
4. By making a Booking, the Customer agrees to the processing of his personal data provided at the Booking
5. Through the Booking, the Customer agrees to receive via the Application or directly from BikeService notifications related to the use of the Application and its operation, in particular regarding the conclusion of a contract with the Service Provider (eg confirmation of the Booking or its cancellation). All notifications provided in the Regulations will be directed to the Customer's email address provided while making the Booking. The customer can receive notifications via SMS to the given telephone number.
6. The customer voluntarily provides complete personal data, truthful and other data required during the Booking has the right to check and update them without any calls from the BikeService. The Customer's personal data are in the Administrator's data set - Bikeservice Sp. z o.o. and the Customer has the right to access their data and the right to rectify them, as well as limit their processing under the terms of the generally applicable provisions of law. The customer has the right to lodge a complaint with the supervisory body when he / she considers that the processing of personal data violates the provisions of the general data protection regulation of 27 April 2016 of the EP and the Council (called the GDPR). Customer's personal data will be stored in a manner that ensures confidentiality, integrity and availability in accordance with applicable regulations.
7. All data and information are made available by the customer on a voluntary basis. By entering data into the Application, the Customer declares that he is authorized to place them and does not violate the rights of third parties by his actions. All information and data provided by the Customer in the Application should be true. BikeService operates in accordance with 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 the repeal of Directive 95/46/EC (referred to as "RODO", "ORODO", "GDPR" or "General Regulation on Data Protection").
8. Customer agrees that personal data and other data and information made available by him in the Application will be available to Service Providers, BikeService and entities cooperating with him.
9. The Customer agrees that the Service Provider will contact him directly to the email address or telephone number provided by the Customer during the Booking.
10. The Customer is obliged to use the Application only in a manner consistent with its intended use. The Customer is obliged not to take actions that disrupt the operation of the Application. The Customer may not change, circumvent or break the security of the Application itself or with the participation of third parties, nor may it adversely affect the Application, causing its damage or causing its overloading.
11. It is forbidden to include in the Application and the Account information contrary to the law or morality. It is also forbidden to place photos (if available) violating the law, of a pornographic nature, as well as contradicting good morals. In the event of violation of this point, BikeService is entitled to delete data or photos, temporarily block or delete the Customer Account.
12. The Customer may not copy, modify and distribute and reproduce all or part of the Application.
13. The Customer may not allow third parties to access the Application. The Customer is solely responsible for the confidentiality and security of his Account, who is obliged to immediately inform BikeService about unauthorized use of his Account by third parties.
14. The Customer is responsible for his activities related to the use of the Application and for the content included in his Account in the Application. Violation of the law by the Customer while using the Application, exempts BikeService from any liability to third parties. The Client is obliged to cover damages to BikeService and any costs that BikeService incurs in the event of a breach of the law, rules of using the Application or the Regulations by the Customer.
15. The Customer is obliged to inform BikeService immediately if third parties pursue their claims in connection with the Customer's violation of the law.
16. The Customer may not process or use personal data of other Users that will be made available to him while using the Application.
17. The customer has the right to permanently delete his personal data from the BikeService database at any time by express request, contacting BikeService by email at office@bikeserviceapp.com

§4. Customer Service Booking

1. Through the Application, the Customer may make a Service Booking. The Service reservation is confirmed by the Service Provider automatically via the application system. The customer receives a notification confirming the Booking.
2. Through the Service Booking and its confirmation by the Service Provider, an agreement is concluded between the Customer and the Service Provider, the implementation of which is governed by the applicable law, subject to the possibility of cancellation of the Booking by the Customer. If the validity of the contract depends on the fulfillment of specific requirements stipulated by law, eg the conclusion of a contract requires a written form or other special form, both the Customer and the Service Provider, after confirming the Booking by the Service Provider, may assert the agreement, subject to the possibility of canceling the Booking by the Customer.
3. Reservation Services may be canceled in the event that the Customer does not bring the bike to the service or voluntarily give up repairing the bike. Canceling a Booking in compliance with the conditions set by the Service Provider is tantamount to withdrawal from the contract by the Customer, the consequences of which are governed by the applicable law.
4. The Customer is obliged to pay for the Service directly to the Service Provider on the terms indicated by the Service Provider at the Service. BikeService does not offer the possibility to make payments using the Application.

§5. Authority and responsibility of BikeService

1. In the case of sending any claims to BikeService or requesting the disclosure of the Customer's data by authorized bodies or by the entity intending to pursue claims, BikeService is entitled to become acquainted with the actual state and possible security and transfer of the Customer's data and other information contained in the Application, necessary to implement and securing possible claims or fulfilling requests. All activities undertaken by Bike Service will be carried out in accordance with generally applicable laws.
2. Shaping the content of the Application is the exclusive authorization of BikeService. BikeService is entitled in particular to modify and remove the content and functions of the Application, as well as transfer the rights to the Application to a third party along with the customer database respecting the rules resulting from the GDPR.
3. BikeService is not responsible for:
   1. interruptions in the functioning of the Application,
   2. functioning of teleinformation systems and telecommunications networks when making Booking by Users via the Application,
   3. technical problems or difficulties related to the operation of computer or telecommunications equipment that hinder or prevent the use of the Application or the services offered through it,
   4. authenticity, reliability, correctness and completeness of data and information provided in the Application by Users and transferred between Users via the Application,
   5. damages caused by Users in connection with the functioning of the Application or their activities therein, including violation of the Regulations by unauthorized use of data made available through the Application, providing false, incomplete or out-of-date data or information, or failing to update them,
   6. damages caused by Users due to improper performance or non-performance of contracts concluded through the Application,
   7. damages caused by Users by violating the rights of third parties,
   8. damages caused by the actions of third parties,
   9. damages caused in connection with the sale and provision of Services via the Application, in particular Services rendered improperly, without meeting the required standards, violating the law or lacking the properties offered,
   10. damages caused due to the lack of Users' ability to enter into contracts through the Application and in connection with the insolvency of Users,
   11. damages incurred by Clients in connection with blocking or deleting from the Account Application.
4. BikeService is liable to Customers only for damages suffered by customers as a result of using the Application, which was created solely due to the intentional fault of BikeService.
5. BikeService is entitled to partially or completely exclude the operation of the Application in order to carry out its repair or modernization without having to inform the Customers in advance. If the Application is completely disabled, a relevant message will be published on the BikeService website.
6. BikeService is entitled to make the Application available to third parties, including granting access to Customer Accounts in order to ensure the proper functioning of the Application, ensure its service and comply with the provisions of the Regulations.
7. BikeService is entitled to entrust the third party administration with personal data made available in the Application.
8. BikeService is entitled to transfer in full or in part all of its rights and obligations related to the Application without the prior consent of the clients.
9. BikeService is authorized to publish the number of customers.

§6. Complaints

1. Irregularities in the operation of the Application may be advertised by customers through the relevant notification of BikeService or persons acting on its behalf.
2. Complaints should be reported via e-mail to the following e-mail address: office@bikeserviceapp.com
3. The complaint will be considered within 14 days of its receipt. In complicated cases or when the complaint can not be resolved within the above time due to reasons not attributable to BikeService, BikeService reserves the right to extend the period for the recognition of the complaint.
4. BikeService reserves the right to require the advertiser to provide information or clarification in a situation where the complaint is required. Explanations or information should be provided by the Service Provider within 7 days. In the case of failure to comply with this deadline, BikeService is entitled to leave the complaint without recognition.
5. The decision of BikeService regarding the complaint is final and there is no appeal against it.

§7. Technical measures

1. In order to use the Application it is necessary to have devices allowing access to the Internet, electronic mail and internet browser. The use of BikeService services via the Application requires an active Internet connection. Using the Application on a mobile device requires having an efficient mobile device. The customer on their own and on their own responsibility should take care of the technical requirements of the mobile device, its configuration, software up-to-date and access to the Internet. The cost of purchasing a mobile device, other devices allowing access to the Internet and the costs of connecting to the Internet, is borne entirely by the Customer.
2. BikeService uses cookies, which allow you to collect information related to the use of the Application. "Cookies" files are text files that are stored on the hard disk in the computers of persons visiting the Application, in order to store information and data regarding the use of the Application in them. Lack of support for "cookies" enabled may cause irregularities or difficulties in the functioning of the Application.

§8. Personal data and privacy policy

1. The administrator of Customers' personal data to the extent that they are necessary to make Reservations in the Portal is Bikeservice Sp. z o.o. based in Warsaw, 5A/23 Batalionu AK Karpaty Street, entered in the National Court Register under KRS number 0000980730, REGON 522515651 and NIP 5213975544 which is the administrator and holds the copyrights to the Application and the Portal.
2. The data are processed by BikeService for the purpose of ensuring the proper functioning of the Application and the implementation of its function to enable contact between the Customer and the Service Provider and conclusion of contracts for the provision of Services. Data submission is voluntary, but it is necessary to use the Application.
3. The customer has the right to access their data and the right to correct them and deleting.
4. BikeService does not use or store personal data and other data and information made available by customers for commercial and marketing purposes, nor does it sell data to third parties.
5. Access to personal data provided by Clients in the Application will be obtained by the Service Providers from whom the Services the Customer decides to use. All users of the Internet have access to personal data provided by the Clients in the Public Profile, what the customer is aware of.
6. All information about the use of personal data, as well as access to their content or the method of updating should be reported via e-mail to the following e-mail address: office@bikeserviceapp.com

§9. Final Provisions

1. BikeService reserves the right to change the Regulations. The changes will be published in the form of updated content on the website http://www.bikeserviceapp.com and in application
2. The new wording of the Regulations is effective from the date of publication of the content on the website.
3. The Customer may not accept the changes to the Regulations by requesting the removal of the Account within 7 days. If the Account is not deleted, it is assumed that the Customer has accepted the changes.
4. BikeService reserves that the Application and all texts and graphic elements placed by BikeService in the Application are subject to its copyright or rights under the license.
5. These Regulations are subject to Polish law.
6. Regulations come into force on 01/08/2023.