Article 1
Introductory Provisions
The operator and the holder of the rights to the “Moja zóna” customer web portal (hereinafter also referred to as the “Portal”) and the “Moja 4ka” mobile application (hereinafter also referred to as the “Application”) is SWAN, a. s., with its registered office at Landererova 12, 811 09 Bratislava, Company ID (IČO): 35 680 202, registered in the Commercial Register of the District Court Bratislava I, Section Sa, File No. 2958/B (hereinafter also referred to as “SWAN” or the “Company”).
The Portal is a customer web interface of the Company located on the Website, enabling the Subscriber or other authorized persons, in accordance with these Terms and on the basis of registration in the Portal, to remotely manage and use the Services electronically to the extent and in the manner determined by the Company in the Portal, these Terms, or the General Terms and Conditions for the provision of public mobile electronic communication services of SWAN, a. s. and the conditions for the provision of payment services (hereinafter collectively referred to as the “General Terms and Conditions”).
The Application is a customer web interface of the Company for mobile devices, enabling the Subscriber or other authorized persons, in accordance with these Terms and on the basis of registration, to remotely manage and use the Services electronically to the extent and in the manner determined by the Company in the Application, these Terms, or the General Terms and Conditions.
Article 2
Definitions of Certain Terms
2.1.“Functionalities” (also referred to in the singular as a “Functionality”) are services provided by the Company through the Portal, namely:
• information society services, i.e. services provided remotely during the connection of electronic devices via an electronic communications network, usually for consideration and at the request of an authorized person, in particular commercial communication, processing, transmission, storage, retrieval or collection of data, and electronic mail, excluding personal electronic mail; or
• electronic communication services, which represent supplementary services to the public electronic communication service provided by the Company through its public mobile electronic communication networks in accordance with the General Terms and Conditions or other conditions governing the provision of supplementary services by the Company.
The provision of access via a public electronic communication service, or the provision of a public electronic communication service itself, shall not be considered a Functionality within the meaning of these Terms unless expressly stated otherwise in these Terms or in the Instructions.
2.2.
A “User” is an authorized natural person or legal entity who, on the basis of electronic registration carried out through the Portal or the Application, is entitled to use the Functionalities in accordance with these Terms and the Instructions.
The User may be a Subscriber or another authorized person who does not have a contract for the provision of public services concluded with the Company.
Functionalities through the Portal and the Application may be provided to a User who is a Subscriber or to a User who is not a Subscriber on the basis of their electronic order placed through the Portal or the Application.
Unless expressly stipulated otherwise in these Terms or the Instructions, paid Functionalities may be provided only in the name and on the account of the Subscriber.
2.3.
“Instructions” are the conditions and prerequisites for the use of individual Functionalities by the User, determined by the Company and published on the Portal or in the Application.
The Company’s Instructions become part of these Terms for the duration of their publication on the Portal or in the Application.
2.4.
An “Order” is a legal act of the User carried out in electronic form through the Portal or the Application and addressed to the Company, by which the User:
(i) orders a Functionality or a Service for themselves or for the benefit of a third person,
(ii) carries out a change to a Functionality or a Service in relation to their person, or
(iii) deactivates a Functionality or a Service in relation to their person.
2.5.
A “Password” is the first unique code chosen by the User during registration for the Portal and the Application and any other code chosen by the User, which serves to identify and verify the User’s identity when accessing the Portal or the Application.
The User is always obliged to protect the Password against disclosure, loss, or misuse by an unauthorized person.
The Company bears no liability for any damage suffered by the User or a third party as a result of the use (misuse) of the Password by an unauthorized person due to insufficient protection of the Password by the User.
The Password and the login name are stored in the respective end device after being entered into the Application, and the Password is secured by encryption.
2.6.
A “Registration Form” is an electronically completed list of User data submitted by a person interested in registration to the Company through the Portal or the Application, which is necessary for the creation of a User customer account on the Portal or in the Application.
The scope of the User data is determined by the Company in accordance with applicable legal regulations.
The Company is entitled at any time, in particular in cases provided for by applicable legal regulations, to:
(i) request the User to supplement identification or other User data,
(ii) suspend the use of the Portal or the Application by the User or a third party if the required data is not supplemented within the time limit set by the Company, or
(iii) cancel the User’s customer account on the Portal or in the Application if the required data is not supplemented within the time limit set by the Company, for another serious reason, or even without stating a reason.
The Company shall inform the User of the cancellation of the customer account in an appropriate manner.
2.7.
An “SMS token” is a unique string of characters sent by the Company in the form of an SMS message, based on the request of a person who wishes to become a User, for access to or use of selected Functionalities of the Portal or the Application specified by the Company in these Terms or the Instructions.
Article 3
Registration
3.1.
The Company allows the use of certain Functionalities of the Portal and the Application exclusively to registered Users.
The Company is entitled to make certain Functionalities of the Portal or the Application available only to such registered Users who, in the Registration Form or subsequently, have provided the required scope of identification or other data requested by the Company.
Details on the availability of individual Functionalities of the Portal and the Application or on the scope of identification or other data required by the Company are specified by the Company in the Instructions.
3.2.
The User registers in the Portal or the Application through the Registration Form for an indefinite period or on a one-time basis through an SMS token.
In the Instructions, the Company determines for which type of registration individual Functionalities are available.
In the Registration Form, the person shall provide their true and complete data at least to the extent of the User’s e-mail address (which is the User’s unique login name) and the Password.
The applicant for registration is obliged to provide only such an e-mail address of which they are the authorized user.
After completing the Registration Form and before starting to use the Portal or the Application, the applicant must express consent to these Terms.
Without expressing consent to the Terms, it is not possible to successfully complete the registration and obtain the status of a registered User of either the Portal or the Application.
The User acknowledges and expressly agrees that a part of the e-mail address entered by them (the login name) may be made available to users of the Company’s electronic communication services in relation to whom the User sets up a top-up rule through the Portal or the Application.
3.3.
If the data provided by the applicant during registration in the Portal or the Application prove to be incomplete, incorrect, or untrue, or if justified doubts arise as to their accuracy, the Company is entitled to cancel or suspend the applicant’s registration, or temporarily restrict the availability of all or some Functionalities, or cancel the relevant customer account in the Portal or the Application.
The Company shall not be liable for any damage or harm arising as a result of the cancellation or restriction of the User’s account or registration for the reasons stated in this clause 3.3.
In the case of providing untrue data (including entering an e-mail address of which the applicant is not the authorized user), the User or the applicant for registration fully assumes responsibility for any breach of generally binding legal regulations, as well as for any damage thereby caused to the Company or to any third parties.
3.4.
The User may cancel their registration at any time via the Portal, the Application, or by contacting our customer center through the contact form, chat, or by phone.
Article 4
Use of the Portal and the Application
4.1.
When using the Portal and the Application, the User is obliged to comply with generally binding legal regulations, these Terms, the General Terms and Conditions, and the Instructions, and to respect the rights and legitimate interests of the Company and third parties.
4.2.
The Company is entitled to interrupt the provision of a Functionality at any time, even without prior notice, without stating a reason and for such period as it considers necessary.
The Company is not obliged to provide any of the Functionalities immediately, continuously, or without interruptions.
In the event of an outage of the Portal or the Application or a temporary interruption of a Functionality, the Company is also entitled, without prior notice, to subsequently carry out, at the User’s expense, transactions ordered by the User (for example, topping up credit on a SIM card or renewing one of the Company’s supplementary electronic communication services) that could not be carried out at the originally agreed time due to the outage or temporary interruption of the Functionality.
4.3.
When using the Portal and the Application, the User must not:
a) use the Portal or the Application in violation of generally binding legal regulations, the General Terms and Conditions, these Terms, or the Instructions,
b) commercially use any part of the Portal or the Application in a manner capable of causing harm to the Company or a third party,
c) unlawfully obtain login names or Passwords of other Users,
d) misuse, block, modify, or otherwise alter any part of the Portal or the Application, or even attempt to disrupt the stability, integrity, operation, or data of the Portal or the Application,
e) use mechanisms, software, or other procedures that could have any negative impact on the operation of the Portal or the Application.
4.4.
The Portal and the Application may be used only to the extent that does not prejudice and does not constitute an unauthorized interference with the rights of other Users, the Company, or third parties, and that is in accordance with the purpose of the Portal and the Application, the individual Functionalities, and their technical capabilities.
4.5.
In addition to other rights and obligations set out in these Terms or in the General Terms and Conditions, the User has:
a) the right, after fulfilling all conditions set out in the contract for the provision of public services or another contract, in these Terms or in the General Terms and Conditions, to request the provision of Functionalities or Services, as well as the right to their provision to the extent agreed in the contract for the provision of public services or another contract with the Company, in the Instructions, these Terms, or the General Terms and Conditions, in the case of paid Functionalities or Services for the price according to the valid price list,
b) the obligation to pay the price for the use of paid Functionalities or Services in accordance with the Instructions, these Terms, the General Terms and Conditions, and the Company’s valid price lists,
c) the obligation to ensure the confidentiality and protection of the login name, Password, each SMS token, and other authentication means used to access the Portal, the Application, and individual Services and Functionalities, and to take all necessary measures to prevent their misuse (including adequate protection of the end device on which the Application is installed or through which the Portal is accessed, e.g. by a secure access code or other means allowed by the device);
the User is liable to the Company and any third parties for damage caused by activities and acts carried out through the use or misuse of the login name, Password, SMS token, SIM card, or other authentication means;
the User is entitled and, in case of suspicion that an unauthorized person has become familiar with the Password, SMS token, or another authentication means (including in the event of theft or loss of a SIM card assigned by the Company to the User or of an end device with the Application installed), obliged to immediately change their Password in accordance with the Instructions,
d) the obligation to immediately notify the Company (in particular by phone via the Company’s customer service center at 0950 950 950) of any unauthorized use of their Password, SMS token, SIM card, or other authentication means, or any other security breach of the Portal, the Application, or individual Functionalities or Services of which they have become aware;
the Company is not liable for damage caused by the misuse of the login name, Password, or SMS token by any unauthorized person,
e) the obligation to observe the principles of good morals and public order when using the Portal or the Application, not to misuse Functionalities or Services in any manner, in particular for the mass sending of unsolicited SMS, MMS, e-mail messages, or other unsolicited communication; otherwise, the User bears full liability for the damage caused and for any violation of generally binding legal regulations caused by such conduct,
f) the obligation not to distribute advertising through the Services and Functionalities; in particular, the User must not send electronic mail (i.e. any text, voice, audio, or image message via the Portal or the Application that can be stored in an electronic communications network or on the recipient’s end device until the recipient retrieves it) for marketing purposes without the prior demonstrable explicit consent of the recipient, nor send any electronic mail for direct marketing purposes if the identity and address of the sender, to which the recipient can send a request to stop such messages, are not identifiable from the e-mail,
g) the obligation not to sell, use, or provide the Functionalities or Services to third parties, whether for consideration or free of charge,
h) the right to order paid Functionalities or Services in their own name and on their own account also for the benefit of third parties; in such case, the User is obliged to ensure and is liable to the Company that third parties use the Functionalities or Services in accordance with these Terms, the Instructions, the contract for the provision of public services or another contract between the User and the Company, the legal order of the Slovak Republic, and good morals;
the User is also obliged to pay the price for Functionalities or Services provided by the Company to third parties on the basis of the User’s order or with the User’s consent.
4.6.
In addition to other rights set out in these Terms, the Company has the right:
a) to receive payment of the price for paid Functionalities or Services provided to the User, in accordance with these Terms, the Instructions, and the Company’s valid price list,
b) to compensation for damage caused by the User or a third party by conduct contrary to these Terms, the Instructions, or the General Terms and Conditions,
c) to interrupt the provision of Functionalities or Services at any time, including in relation to a specific User of the Portal or a third party, in particular if such person misuses the Functionalities or Services or there is suspicion of their misuse,
d) to introduce additional methods of protecting the Portal and User access to the Portal or the Application; Users and third parties are obliged to respect and comply with any additional protection measures introduced by the Company,
e) to carry out identification of the User and verification thereof (e.g. by means of an SMS token) before the use of the Portal, the Application, or certain Functionalities, if such obligation arises from generally binding legal regulations or if it is necessary to protect the rights of the User, the Company, or third parties;
the provisions of Article 3 of these Terms shall apply mutatis mutandis to the provision of identification data by the User.
Article 5
Notifications and Marketing Communication in the Application/Portal
5.1.
The Company is entitled to send the User notices and notifications via the Application/Portal (hereinafter referred to as “Notifications”).
Notifications under this Article are messages of the Company addressed to the User; clause 4.5(f) applies to communication initiated by the User.
5.2. Service and Contractual Notifications.
The Company is entitled to send the User Notifications that are necessary for:
a) the provision of Functionalities or Services, their administration and secure operation,
b) handling requests, complaints, and communication with the customer service center,
c) the fulfilment of the Company’s obligations under generally binding legal regulations or contracts concluded with the User/Subscriber
(hereinafter referred to as “Service Notifications”).
The Company sends Service Notifications without the need for the User’s separate consent, as they are part of the provision of Functionalities or Services and/or the fulfilment of the Company’s legal obligations.
The User acknowledges that disabling push notifications on the end device may limit the delivery of Service Notifications; in justified cases, the Company may also provide Service information through other channels.
5.3. Marketing Notifications.
The Company is entitled to send the User Notifications containing offers, discounts, information about products, services, campaigns, or other commercial messages (hereinafter referred to as “Marketing Notifications”) exclusively on the basis of the User’s prior demonstrable explicit consent.
Marketing Notifications may be delivered to the User in the Portal and/or in the Application; the push notification delivery method applies only to the Application.
The User grants consent to Marketing Notifications by a separate choice in the Application/Portal.
Granting consent is not a condition for registration or for using the Application/Portal.
5.4. Withdrawal of Consent and Settings.
a) The User is entitled to withdraw their consent to Marketing Notifications at any time and free of charge in the same manner as it was granted, in particular by changing the settings in the Application/Portal.
b) Withdrawal of consent does not affect the lawfulness of the processing of personal data or the sending of Marketing Notifications carried out before the withdrawal.
c) The User acknowledges that the display of push notifications in the Application may also be subject to the technical settings of the end device (operating system).
5.5. Priority of Service Notifications.
Even if the User withdraws their consent to Marketing Notifications or disables them in the Application/Portal settings or in the end device settings, the Company is entitled to send Service Notifications to the extent necessary under clause 5.2.
5.6. Personal Data Protection.
Information on the processing of personal data related to the sending of Notifications, including the legal bases, scope of data, and retention period, is set out in Article 11 of these Terms, in the Company’s Privacy Policy published on the Website, and in the relevant Instructions in the Application/Portal.
Article 6
Communication with the AI Assistant
6.1.
The Application enables Users to communicate with a virtual assistant based on artificial intelligence technology (hereinafter referred to as the “AI Assistant”).
The User acknowledges that when communicating with the AI Assistant, they are not communicating with a natural person, but with an automated text-processing system.
6.2. Data Processing and Purposes.
If the User uses the AI Assistant in the Portal or in the Application, the Company processes the User’s messages, as well as related account identifiers (especially if the User is logged in), for the purposes of:
a) handling the User’s request and providing a response by the AI Assistant, and
b) improving the quality and functionality of customer support and the AI Assistant.
6.3. Legal Bases.
The legal basis for the processing under clause 6.2 is the performance of a contract, i.e. the provision of Functionalities or Services to the User, and/or the legitimate interest of the Company in improving the quality of the support and services provided.
Details regarding the legitimate interest and the processing of personal data are set out in the Company’s Privacy Policy.
6.4. Processors and Transfers.
For the processing and generation of AI Assistant responses, the Company uses processors – in particular the provider of the chatbot platform and the provider of the language model (LLM) – who process the data exclusively in accordance with the Company’s instructions.
If personal data are transferred outside the European Economic Area, such transfers are carried out exclusively on the basis of appropriate safeguards under the GDPR (e.g. standard contractual clauses).
6.5. Retention of Records.
The Company retains records of communication with the AI Assistant for a period of 30 days, or longer during the handling of complaints, the assertion of legal claims, and disputes; after this period, the records are anonymised or deleted, unless legal regulations require longer retention.
6.6. Responsibility for the Content of Responses.
The Company is not responsible for the accuracy, completeness, or timeliness of the information provided through the AI Assistant, nor for any direct or indirect damages, legal consequences, or harm that may arise as a result of incorrect understanding or interpretation of the AI Assistant’s responses.
The User is obliged to verify the obtained information from reliable sources before taking any legal, financial, or other actions based on them.
6.7. Automated Decision-Making.
The Company does not carry out automated individual decision-making through the AI Assistant, without human involvement, that would have legal effects for the User or other Data Subjects.
Article 7
Login via Selected Services
7.1.
The Application allows login via selected third-party services (e.g. Google, Facebook, Apple, etc.).
The User acknowledges that in such a case they will provide these services with access to basic data from their account for the application, in particular the username and e-mail address.
These data will be used exclusively for the purpose of logging into the Application and will not be used for any other purposes.
7.2.
The Company is not responsible for the accuracy, availability, or content of third-party services through which the User logs in, nor for the content that these services display or make available.
7.3.
The Company bears no responsibility for any damage or harm arising as a result of changes to the User’s account settings on a social network, restrictions of access by the social network provider, or for any content published on the profiles of such social networks.
Article 8
Information on Storing a Payment Card and Automatic Recurring Payments
8.1.
The User has the option to store a payment card in the secure interface of the bank (Tatra banka, a.s.) for the purpose of convenient and automatic recurring payments for services provided within the Portal or the Application.
The Company informs the User about the rules of automatic recurring payments when storing the payment card via the Portal or the Application.
Automatic recurring payments will be carried out exclusively on the basis of the User’s consent granted to the Company via the Portal or the Application.
8.2.
Payment card data are secured during transmission and safely stored in the system of Tatra banka, which ensures payment card tokenization in accordance with the PCI DSS standard.
Automatic recurring payments are technically secured by Tatra banka’s payment gateway.
Payment card data are never stored directly in the Application, on the Portal, or on the Company’s servers, and the Company does not know them.
When storing the payment card, a separate registration transaction in the amount of €0.01 is carried out for verification purposes; this amount is not charged and is automatically refunded to the cardholder within a few days.
8.3.
After the User grants consent, the payment card may be used for the automatic recurring payment of the User’s recurring payments (e.g. subscriptions, billing, regular fees).
The User will be informed of the amount and the payment date before each payment, if required by applicable legislation.
In the event of an increase in the price of a service for which the User pays regular fees via the stored payment card, the Company will inform the User of the increased service price in advance, i.e. before the next automatic recurring payment by payment card with the increased price is carried out.
If the User does not agree with the increased price, they are entitled to cancel the automatic recurring payments and thus also the storage of the payment card and the consent to automatic recurring payments.
8.4.
The User may withdraw their consent to automatic recurring payments at any time by removing the card in the Application or by contacting the customer service center.
After the consent is withdrawn, automatic recurring payments will be stopped.
Article 9
Liability for Damage
9.1.
The Company, the User, and third parties (hereinafter also referred to in these Terms as a “contracting party” or jointly as the “contracting parties”) shall be liable, in connection with the use and operation of the Portal or the Application, for damage caused by them as a result of a breach of obligations set out in the relevant generally binding legal regulations, these Terms, the Instructions, or the General Terms and Conditions, unless they prove that the breach of obligations was caused by circumstances excluding liability, unless otherwise stated in these Terms, the Instructions, or the General Terms and Conditions.
The User is in particular liable for damage caused by unauthorized interference with the Portal or the Application or by the use of Functionalities or Services in violation of the Terms or the Instructions.
9.2.
Circumstances excluding liability shall be deemed to be an obstacle that occurred independently of the will of the obligated party (in particular the Company or the User) and prevents it from fulfilling its obligation, if it cannot reasonably be assumed that the obligated party could have prevented or overcome such obstacle or its consequences, and furthermore that it could have foreseen such obstacle at the time the obligation arose, such as natural disasters and their consequences, power outages, crisis situations, epidemics, a state of defense readiness, weather conditions, and other circumstances that constitute circumstances excluding liability under the legal regulations of the Slovak Republic.
9.3.
The injured contracting party shall not be entitled to compensation for damage if the failure to fulfil the obligations of the obligated contracting party was caused by the conduct of the injured contracting party or by the lack of cooperation which the injured party was obliged to provide.
9.4.
A contracting party facing a risk of damage is obliged, taking into account the circumstances of the case, to take the measures necessary to prevent the damage or to mitigate it (e.g. by using alternative methods of communication, data transmission, and achieving the effects pursued by the use of Functionalities or Services).
9.5.
With regard to the nature of the available Functionalities and the application of the principles of transparency and proportionality, the Company and the User have agreed that the foreseeable damage that could arise as a consequence of a breach of legal obligations arising from these Terms by the Company corresponds to a proportional part of the price of the Functionality or Service that was not provided to the User or a third party due to the Company’s culpable conduct, or that was provided defectively.
Article 10
Amendments to the Terms
10.1.
The Company is entitled, in the event of:
a) changes in the market conditions for the provision of electronic communication services,
b) an increase in the Company’s costs related to the provision of a Functionality, a Service, or the operation of the Portal or the Application,
c) changes in inflation according to the Statistical Office of the Slovak Republic,
d) changes in the Company’s marketing or business strategy,
e) technological developments in the field of electronic communication or ICT services,
f) legislative changes with a direct or indirect impact on the operation of the Portal, the Application, or any of their Functionalities,
g) the issuance of a decision by a competent public authority (including authorities of the European Union) that establishes an obligation or a right of the Company to make changes to a Functionality, a Service, the Portal, the Application, the Terms, or the price of Functionalities or Services,
to fully or partially modify, change, replace, or cancel the Portal, the Application, a Functionality, the Terms, the Instructions, the Additional Terms, or the prices of Services
(hereinafter jointly referred to as “Amendment of the Terms”).
10.2.
The Company is entitled to publish information about the Amendment of the Terms prior to the effectiveness of the relevant change, by publishing information about the Amendment of the Terms in an appropriate manner via the Portal, the Application, other Company websites, e-mail messages, SMS messages, or other information materials, press releases, or by other appropriate means at the Company’s discretion.
10.3.
An agreement on the Amendment of the Terms between the Company and the User shall be deemed to be validly concluded at the moment of the User’s acceptance of the proposal for the Amendment of the Terms, which consists in particular of
(i) the use of a Functionality or Service affected by the proposed change, or
(ii) the payment of the amended price for a paid Functionality or Service.
Article 11
Common and Final Provisions
11.1.
By accepting these Terms and properly completing the Registration Form, the User or a third party (hereinafter also referred to as the “Data Subject”) acknowledges that the Company will process the personal data entered by the Data Subject for the purpose of providing Functionalities or Services via the Portal or the Application.
11.2.
The scope or list of personal data that will be processed and other information in accordance with applicable legal regulations are set out in the information provided to the Data Subject in the Portal, the Application, on the Company’s Website, or specifically in the Instructions for a particular Functionality or Service.
11.3.
The Company shall adopt appropriate security measures to protect personal and other identification data, as well as other information about the Data Subject, in accordance with the legal regulations applicable in the Slovak Republic and the European Union.
11.4.
In the course of using the Portal or the Application, the Company may also record “cookies” for a period of up to 90 calendar days from the establishment of the relevant connection.
In connection with the use of the Portal or the Application, the Company may use so-called functional “cookies” that remember the choices of the User or the visitor of the Portal or the Application in order to improve their comfort when using the Portal or the Application.
These “cookies” may remember decisions made by the User or the visitor of the Portal on the website (e.g. they remember the preferred choice).
“Cookies” may also remember changes made by the User or the visitor of the Portal or the Application, for example in the size or type of font.
The data collected by these “cookies” are anonymised and cannot track the activities of a specific User or visitor of the Portal or the Application on other websites.
Data obtained through the Company’s websites using “cookies” technology may be used in particular for the following purposes:
a) enabling the User or the visitor of the Portal or the Application to move around the Portal or Application websites and use their functions, such as access to secure parts (sections) of the websites or storing items in a shopping cart, etc. (so-called strictly necessary “Strictly Necessary Cookies”),
b) storing data about the choices (selections) made by the User or the visitor of the Portal or the Application, such as the choice of username, language, or region; these “cookies” are used mainly to ensure a personalised approach; such processing will be permitted only after obtaining separate consent, in particular via the Portal.
11.5.
A complaint regarding the operation of the Portal, the Application, a specific Functionality, or a Service may be submitted by the User or a third party in writing or by e-mail without undue delay after the occurrence of the facts giving rise to the complaint.
When handling a complaint, the Company shall proceed accordingly in accordance with the complaint procedure contained in the General Terms and Conditions.
If a complaint was submitted by a third party (i.e. not the User), information about the handling of the complaint shall be sent by the Company only to the User whose customer account or contract for the provision of public services is concerned.
The Company is also entitled to send information about the handling of the complaint in electronic form:
(i) by e-mail to the User’s registered e-mail address,
(ii) by SMS to the User’s registered telephone number, or
(iii) by a notification in the Application registered to the affected User, in particular if the complaint was submitted via the Application.
11.6.
A User who is a consumer and who has ordered goods or a Service offered by the Company via the Portal or the Application is, in accordance with Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes, as amended, entitled to submit a proposal for the initiation of alternative dispute resolution to the competent alternative dispute resolution body if the Company has rejected or failed to respond within 30 days from the date of its dispatch to a request for remedy by which the User – consumer expresses dissatisfaction with the manner in which the Company handled their complaint, or if the User – consumer believes that the Company has violated their rights.
The User – consumer may also send their request for remedy electronically to the Company’s contact address published on the Portal and in the Application.
The User – consumer shall submit the proposal for the initiation of alternative dispute resolution without undue delay, no later than one (1) year from the delivery of the Company’s rejection response to the request for remedy or from the ineffective expiry of the 30-day period for the Company to respond to the request for remedy.
11.7.
These Terms are governed by the legal order of the Slovak Republic.
11.8.
By registering on the Portal (including registration via the Application), using the Portal or the Application, or using any of the Functionalities, the User or a third party expresses and confirms their consent to these Terms and the Instructions and their will to be bound by them.
This also applies in the case of an Amendment of the Terms.
11.9.
In the event of a content conflict between the documents listed below, the following order of priority shall apply between the contracting parties concerned:
1. Instructions,
2. these Terms,
3. Contract for the Provision of Public Services,
4. Price List,
5. Special Conditions for the Provision of a Supplementary Service,
6. General Terms and Conditions.
11.10.
The provisions of the General Terms and Conditions shall apply accordingly in the absence of regulation in these Terms.
Terms used in these Terms (with an initial capital letter) that are not expressly defined herein shall have the same content and meaning as the same terms defined in the General Terms and Conditions.
11.11.
These Terms enter into force and effect on 01.12.2025.
In Bratislava, on 01.12.2025
SWAN, a. s.
