General Terms and Conditions for Using the Switchio.mobilePOS Mobile App

 

General Terms and Conditions for Using the Switchio.mobilePOS Mobile App

1. INTRODUCTORY PROVISIONS

  1. These General Terms and Conditions (hereinafter referred to as the “GTC”) are governed by mutual rights and obligations between MONET+, a.s., with a registered office at Za Dvorem 505, Zlín – Štípa, Zip Code 763 14, Identification Number: 262 17 783, registered in the Commercial Register maintained by the Regional Court in Brno, Section B, Insert 3351 (hereinafter referred to as the “Provider”), and the User of the Switchio.mobilePOS mobile app, as well as the conditions under which the Switchio.mobilePOS mobile app can be used.
  2. By downloading and installing of and Registration in the Switchio.mobilePOS mobile app, the User enters into a contract with the Provider (hereinafter referred to as the “Contract”) the content of which is formed by these GTC. The User hereby confirms that they have familiarised themselves with these GTC, and they undertake to abide by them.

2. BASIC DEFINITION OF TERMS FOR THE PURPOSES OF THESE GTC

  1. Electronic Card means a payment instrument issued by the Partner, designed for executing payment transactions when purchasing goods and services from designated merchants who can become Users of the Switchio.mobilePOS mobile app under the conditions set by these GTC.
  2. Switchio.mobilePOS mobile app means a mobile app developed by the Provider in order to provide Services, and designed for all mobile phones and tablets with the Android operating system (version 5.0 or more recent) and which have the NFC function. The Switchio.mobilePOS mobile app is freely available via Google Play Store's official distribution channels. For the purposes hereof, the Switchio.mobilePOS mobile app shall also mean any and all parts, elements and updates thereof, as well as websites on www.switchio.com/mobilepos , including the online administration interface and all elements thereof, such as the page layout, graphics, text and pictures.
  3. Partner means the issuer of the Electronic Cards with whom the Provider has entered into a contract based on which the www.switchio.com/mobilepos mobile app can execute non-cash contactless payments made by Electronic Cards issued by the respective Partner. The list of current Partners is available on www.switchio.com/mobilepos
  4. Payment Terminal means the User's mobile phone or tablet, with an active and functional Switchio.mobilePOS mobile app, used for executing non-cash contactless payments made by Electronic Cards in the User's premises.
  5. Registration means the process of approving these GTC and making all the User’s mandatory identification data available to the Provider via the registration form in the Switchio.mobilePOS mobile app in order to provide the Services. The Registration is completed by verifying the User via a registration email with an active link, sent to an email address provided by the User.
  6. Services mean the provision of the Switchio.mobilePOS mobile app to the User in order to: 
  • Enable the execution of non-cash contactless payment transactions made by Electronic Cards issued by Partners;
  • Access the online administration interface available on www.switchio.com/mobilepos, where the User can
    • display a detailed overview of all executed payment transactions on all their Payment Terminals using the Switchio.mobilePOS mobile app,
    • display electronic receipts of all executed payment transactions using the Switchio.mobilePOS mobile app,
    • set up the User Account;
  • Mediate any business cooperation between the User and the Partner whose Electronic Cards, not accepted by the User on their Payment Terminals at the time of mediating the cooperation, are used in the User’s vicinity. 
  1. User means any natural or legal person who, under their own name, have Registered in the Switchio.mobilePOS mobile app in order to provide Services under these GTC.
  2. User Account means an account created by the User based on the User's Registration, which they can access using the login data selected during the Registration. The User Account serves both to login to the Switchio.mobilePOS mobile app and to login to the online administration interface available on www.switchio.com/mobilepos.

3. REGISTRATION AND USER ACCOUNT CREATION

  1. Services may only be provided to the User once the Registration is performed successfully and the User Account has been created.
  2. Neither the Registration, User Account creation nor the provision of Services under these GTC is subject to a charge. This does not affect the Provider’s right to claim damages or unjust enrichment against the User in the event of a breach hereof by the User.
  3. The User is obliged to provide full and true identification data of themselves. During their Registration, the User shall provide the following identification data: ID number, phone number, contact email and the Payment Terminal name – at the same time, the User shall also select their own password for logging in to the User Account. Other identification data necessary to properly verify the User and provide Services, as well as to facilitate the Registration, shall be obtained by the Provider for the proper Registration from the publicly available Trade Register based on the User’s ID number. The identification data obtained in this way shall be the name and surname (as for the User – natural person) or business name (as for the User – legal person) as well as the registered office.
  4. The person performing the Registration in the Switchio.mobilePOS mobile app under the name of the User declares that he/she is authorised to do so. Should the declaration under the previous sentence prove to be false, such a person shall compensate the Provider for any damage incurred by the Provider by this violation.
  5. The User is only entitled to perform one Registration using their own ID number. This does not prevent the User from pairing their User Account with several Payment Terminals.
  6. The User’s Registration shall be completed upon verification of the User via a registration email with an active link, sent to an email address provided by the User.
  7. After the Registration is completed, a User Account shall be created for the User. The User is obliged to keep their access data to the User Account confidential, and protect it against any misuse by third parties. Should this obligation be breached, the User shall bear responsibility for any damage incurred by the Provider.
  8. The Provider is entitled to deny the Registration and creation of the User Account without giving reason, at any time and to anyone.

4. MUTUAL RIGHTS AND OBLIGATIONS

  1. The User can only use the Switchio.mobilePOS mobile app in a way that does not breach these GTC as well as any generally binding legal regulations of the Czech Republic.
  2. The Provider is entitled to unilaterally cancel any User Account during the provision of the Services, without giving a reason. In particular, the reason for such a cancellation of the User Account may be a breach of these GTC or the generally binding legal regulations of the Czech Republic by the User. The Provider is not obliged to notify the User of the cancellation of the User Account.
  3. The User may request the cancellation of their User Account by sending a request to the Switchio.mobilePOS Hotline, using the e-mail address helpdesk@switchio.com. The Provider is not obliged to notify the User of the cancellation of the User Account.
  4. The cancellation of the User Account shall be considered a termination of the Contract. At this point, the provision of Services to the User shall stop.
  5. The Provider is entitled, but not obliged, to update the Switchio.mobilePOS mobile app continuously, in particular to ensure the compatibility with Partners' Electronic Cards and remove errors, ensure improved security or create new elements and functions in the Switchio.mobilePOS mobile app.
  6. The Provider is entitled to restrict providing the Services in the course of provision of the Services, without giving a reason. In particular, the Provider is entitled to
  • refuse the execution of payment transactions made by any of the Partners' Electronic Cards using the Switchio.mobilePOS mobile app,
  • temporarily restrict the availability of the Services due to updating, maintaining or altering the technical configuration of the Switchio.mobilePOS mobile app.
  1. The Provider is not obliged to notify the User about restricting the provision of the Services in advance. This does not apply if the shutdown due to updating, maintaining or altering the technical configuration of the Switchio.mobilePOS mobile app is scheduled, and the expected duration thereof does not exceed 48 hours. In such a case, the Provider shall notify the User of this fact via the Switchio.mobilePOS mobile app at least 24 hours in advance.
  2. In the event of any problems associated with the Switchio.mobilePOS mobile app, the User can contact the Switchio.mobilePOS Hotline on helpdesk@switchio.com. The Provider undertakes to make reasonable efforts to eliminate the User’s problems associated with the Switchio.mobilePOS mobile app.

5. WARRANTIES AND LIABILITY

  1. Except for the guarantees set forth herein, the Services shall be provided without any other warranty.
  2. By Registering and consenting to these GTC during the Registration, the User waives their right to claim, against the Provider, any immaterial or material damage (including lost profit) caused in connection with the use of the Services, particularly due to a temporary restriction, unavailability or malfunction of the Services, cancellation of the User Account, functionality and calculation errors during the provision of the Services, or due to the loss of stored data or other facts relating to the use of the Services.

6. LICENSE AGREEMENT AND COPYRIGHT

  1. The Switchio.mobilePOS mobile app is subject to copyright pursuant to Section 2 (1) and (2) of Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (the Copyright Act), as amended (hereinafter referred to as the “Copyright Act”). All proprietary rights to the Switchio.mobilePOS mobile app shall be exercised by the Provider.
  2. The User is entitled to use the Switchio.mobilePOS mobile app in a way that is not contrary to the provision of the Services hereunder, free of charge, without any territorial restriction, and for the duration of the User Account (hereinafter referred to as the “Licence“).
  3. In no case, however, is the User entitled to:
  • Provide any third party with a sublicence under the Licence provided;
  • Assign the provided Licence to a third party;
  • Make the Switchio.mobilePOS mobile app available to third parties in any way that is contrary hereto;
  • Reproduce the Switchio.mobilePOS mobile app in order to further distribute it for commercial purposes;
  • Decompile, amend, process, translate or make other changes to the source code of the Switchio.mobilePOS mobile app, or to the databases included or used in the Switchio.mobilePOS mobile app, even if it is to remove errors;
    • Use the Switchio.mobilePOS mobile app to develop derived mobile or other applications or works designated for their own or commercial use.
    • The User undertakes to refrain from any activity performed directly by the User or any person at the suggestion thereof, regardless of whether the activity is manual or automated, where such an activity aims to extract or utilize any database forming a part of the Switchio.mobilePOS mobile app, or where such an activity enables the content of such a database to be used for any purpose other than specified by these GTC.
    • The respective provisions of the Copyright Act and other legal regulations, which govern the legal protection of copyright, in particular computer programs and databases, as well as sanctions for the illegal use thereof, are not affected by these GTC.

7. PERSONAL DATA PROCESSING POLICY

  1. Where the User is a natural person, then during the provision of the Services hereunder, personal data is processed pursuant to the applicable legal regulations for the protection of personal data; with effect from 25 May 2018, particularly pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, 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) (hereinafter referred to as the “GDPR”).
  2. The personal data administrator defined in Par. 7.3 hereof shall be the Provider. In addition to the Provider’s contact data referred to in Par. 1.1 hereof, the following Provider’s email can also be used in the matter of personal data protection:
  • helpdesk@switchio.com
    • For the purposes of providing the Services hereunder, personal data is processed to the extent of name, surname, registered office, ID number and telephone number, of which
  • the ID number and telephone number are obtained during the Registration directly from the User, and
  •  the name, surname and registered office are obtained during the Registration on the basis of the provided ID number from the Trade Register, which is a publicly available source.
    • The legal grounds for processing personal data to the extent under Par. 7.3 hereof is the performance of the Contract, the content of which is formed by these GTC. Should the User fail to provide such personal data, the contractual relationship between the User and the Provider cannot be established and the Services hereunder cannot be provided.
    • For the purposes of provision of the Services within the meaning of Par. 2.6(c) hereof, the recipients of the personal data are the Partners.
    • Personal data shall only be processed by the Provider by automated means, in electronic form, for the period for which the User Account exists. After the cancellation of the User Account, such personal data shall be irrevocably deleted or anonymised.
    • Each User under Par. 7.1 hereof, who discovers or believes that the Provider, in the capacity of personal data administrator, is processing their personal data contrary to the protection of private and personal life or contrary to legal regulations, may require an explanation from the Provider or may require the Provider to remedy the existing state. Where the User's request is proved to be justified, the Provider shall remedy the defective state immediately. If the Provider fails to comply with the request, such a User can contact the respective supervisory authority; this does not affect the User’s right to contact the supervisory authority directly.
    • Every User under Par. 7.1 hereof has also the right to request, from the User, to access personal data, i.e., to obtain from the Provider a confirmation that their personal data is being processed, and if so, such a User has the right to obtain access to such personal data as well as other information within the legal extent. The User has also the right to have incorrect personal data rectified, or to complete incomplete personal data. Further, the User has the right to erase their personal data if the legal conditions are met, e.g., where personal data is no longer needed for the purposes for which it has been obtained or otherwise processed, as well as to limit the processing of personal data by the Administrator. The User also has the right to the transferability of their personal data, subject to compliance with legal conditions.
    • In order to exercise the above rights, every User under Par. 7.1 hereof can contact the Provider using the contact details referred to in Par. 1.1 or 7.2 hereof.

8. AMENDMENTS AND FINAL PROVISIONS

  1. These GTC, in their current version, are available in the Switchio.mobilePOS mobile app and on www.Switchio.mobilePOS.cz.
  2. The Provider reserves the right to amend these GTC unilaterally. The Provider is obliged to notify the User of such an amendment via the email address provided during the Registration, at least 7 calendar days before the new version of the GTC becomes effective. If the User uses the provided Services after the effective date of the new version of the GTC, then it means that the User agrees to the new version of the GTC with no reservations and undertakes to be bound thereby.
  3. Should any provision of these GTC become invalid, ineffective or unenforceable, it shall not affect the validity, effectiveness or enforceability of the remaining provisions hereof, unless it is apparent from the GTC that such a provision cannot be separated from the remaining content.
  4. These GTC shall not give rise to any other obligations on the Provider's part except for the ones specifically set forth herein.
  5. These GTC and the contractual relationship between the User and the Provider shall be regulated by laws of the Czech Republic, in particular, Act No. 89/2012 Coll., of the Civil Code, as amended. The Provider and the User have agreed that the conflict of laws shall not apply to their contractual relationship.
  6. The Provider and the User have agreed that any disputes arising in connection with the provision of the Services hereunder shall be resolved by the court with territorial jurisdiction based on the Provider’s registered office.

 

These GTC shall become valid and effective as of 1 May 2018.