Terms of use
of the "Moja zóna" customer portal and the "Moja 4ka" mobile application
of SWAN, a.s.
(the "Terms")
Article 1
Introductory provisions
SWAN, a.s., with its registered office at: Landererova 12, 811 09 Bratislava, company ID: 35 680 202, registered in the Commercial Register of the Bratislava I District Court, Section: Sa, Insert: 2958/B ("SWAN" or the "Company"), is the operator and owner of the rights to the "Moja zóna" web customer portal (the "Portal") and the "Moja 4ka" mobile application (the "Application"). The Portal is the customer web interface of the Company located on the Website. It enables the Participant or other authorised persons (in accordance with these Terms and based on electronic registration on the Portal) to remotely manage and use the services to the extent and in the manner determined by the Company on the Portal, in these Terms, the General Conditions for the Provision of Public Mobile Electronic Communication Services by SWAN, a.s., and the Conditions for the Provision of Payment Services (collectively the "General Conditions"). The Application is the Company's customer web interface for mobile devices. It enables the Participant or other authorised persons (in accordance with these Terms and based on an electronic registration on the Portal) to remotely manage and use the services to the extent and in the manner determined by the Company in the Application, these Terms or the General Conditions.
Article 2
Definitions of some terms
2.1. "Functionalities" (or "Functionality" in the singular) are services provided by the Company through the Portal, namely:
• information society services, i.e. services provided at a distance during the connection of electronic devices by an electronic communication network, usually for payment at the request of an authorised person, particularly commercial communication, processing, transmission, storage, search or collection of data, and electronic mail, except for personal electronic mail; or
• electronic communication services, which represent additional services to the public electronic communication service provided by the Company through its public mobile electronic communication networks pursuant to the General Conditions or other conditions governing the provision of additional services by the Company. A Functionality in the sense of these Terms does not mean the provision of a connection through a public electronic communication service, or the provision of a public electronic communication service, unless expressly stated otherwise in these Terms or in the Instructions.
2.2. "User" is an authorised natural or legal person who is, based on an electronic registration carried out through the Portal or the Application, entitled to use the Functionalities pursuant to these Terms and the Instructions. The User may be a Participant or another authorised person who does not have a concluded contract for the provision of public services with the Company. Functionalities through the Portal and the Application may be provided to a User who is a Participant, or a User who is not a Participant, based on their electronic order made through the Portal or the Application. Unless expressly stated otherwise in these Terms or the Instructions, paid Functionalities can only be provided in the name and for the account of a Participant.
2.3. "Instructions" are the conditions and prerequisites for using the individual Functionalities by the User defined by the Company and published on the Portal or in the Application. The Company's Instructions become part of these Terms throughout their publication on the Portal or in the Application.
2.4. "Order" is a legal act of the User executed in electronic form through the Portal or the Application and addressed to the Company, by which the User (i) orders a Functionality or Service for himself/herself or for the benefit of a third party, (ii) changes a Functionality or Service in relation to his/her person, or (iii) deactivates a Functionality or Service in relation to his/her person.
2.5. "Password" is the first unique code chosen by the User when registering on the Portal and in the Application, and any other code chosen by him/her, which serves to identify and verify the identification of the User when he/she enters the Portal or the Application. The User is always obliged to protect the Password against its disclosure, loss or misuse by an unauthorised person. The Company bears no responsibility for any damage caused to the User or a third party as a result of the use (abuse) of the Password by an unauthorised person due to its insufficient protection by the User. After entering the Password and username in the Application, they are stored in the corresponding end device and secured by encryption.
2.6. "Registration Form" is an electronic list of User data collected during registration on the Portal or in the Application that is sent to the Company. It serves to create a customer account for the User on the Portal or in the Application. The scope of the User's data is determined by the Company in accordance with applicable legal regulations. The Company may any time, but especially in the cases anticipated by applicable legal regulations, (i) invite the User to complete the User's identification or other data, (ii) suspend the User or a third party from using the Portal or the Application if the User's identification or other data required by the Company are not completed within the period set by the Company, or (iii) cancel the User's customer account on the Portal or in the Application if the User's identification or other data required by the Company are not completed within the period set by the Company, or for any other serious reason or even for no reason. The Company will inform the User about the cancellation of the customer account in an appropriate way.
2.7. "SMS Token" is a unique string of characters sent by the Company in the form of an SMS message based on the User's request to a person who wants to become a User, for accessing or using selected Functionalities of the Portal or the Application specified by the Company in these Terms or the Instructions.
Article 3
Registration
3.1. The use of some Functionalities of the Portal and the Application is only available to registered Users. The Company may make certain Functionalities of the Portal or the Application available only to those registered Users who have entered the required range of identification or other data required by the Company in the Registration Form or afterwards. Details of the availability of individual Portal and Application Functionalities or the extent of identification or other data required by the Company are provided by the Company in the Instructions.
3.2. The User registers on the Portal or in the Application via the Registration Form for an indefinite period or via an SMS Token for a single occasion. In the Instructions, the Company specifies which individual Functionalities are available for which type of registration. In the Registration Form, the person interested in registration provides true and complete data, including at least the User's email address (which is the User's unique username) and Password. The interested person is obliged to enter only an email address of which he/she is the authorised user. After completing the Registration Form and before starting to use the Portal or the Application, the interested person must agree to these Terms. Without expressing an agreement with these Terms, it is not possible to successfully complete the registration and obtain the status of a registered User of the Portal or the Application. The User acknowledges and expressly agrees that part of the email address (username) entered by him/her may be made available to users of the Company's electronic communication services, in relation to which the User sets up a recharge rule through the Portal or the Application. 3.3. If the data provided by the interested person during registration on the Portal or in the Application turn out to be incomplete, incorrect or untrue, or if there is reasonable doubt about their veracity, the Company may cancel or suspend the registration of the interested person, or temporarily limit the availability of all or some of the Functionalities, or cancel the customer account concerned on the Portal or in the Application. The Company is not responsible for any damage or injury that occurred as a result of the cancellation or limitation of the User's account or registration for the reasons stated in this point.
3.3. When providing false data (including entering an email address of which he/she is not an authorised user), the User or the person interested in registration assumes full responsibility for any violation of generally binding legal regulations, as well as for damage thereby caused to the Company or any third parties.
3.4. The User may cancel his/her registration at any time via the Portal, the Application, or by contacting our customer centre via 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 Conditions and the Instructions, and to respect the rights and legitimate interests of the Company and third parties.
4.2. The Company may interrupt the provision of a Functionality at any time, even without prior notice, without giving a reason and for a time it deems necessary. The Company is not obliged to provide any of the Functionalities immediately, continuously or without interruptions. The Company may, even without prior notice, in the event of a Portal or Application failure or a temporary interruption of some Functionality, carry out transactions ordered by the User (e.g. recharging SIM card credit or renewing one of the Company's additional electronic communication services) retroactively and at the User's expense, which could not be carried out at the originally agreed time due to the failure or temporary interruption of the Functionality.
4.3. When using the Portal and the Application, the User may not: a) use the Portal or the Application in violation of generally binding legal regulations, the General Conditions, these Terms or the Instructions; b) commercially use any part of the Portal and the Application in a manner capable of damaging the Company or a third party; c) illegally obtain usernames or Passwords of other Users; d) abuse, block, modify or otherwise change or edit any part of the Portal or the Application, or 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 only be used to the extent that is not at the expense of and does not constitute an unauthorised 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, individual Functionalities and their technical capabilities.
4.5. In addition to other rights and obligations specified in these Terms or the General Conditions, the User has:
a) the right, upon fulfilment of all the conditions specified in a contract for the provision of public services or other contract, in these Terms or the General Conditions, to demand the provision of Functionalities or Services, as well as the right to have them provided 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 Conditions, in the case of paid Functionalities or Services at the price under the valid price list;
b) the obligation to pay the price for the use of the paid Functionalities or Services in accordance with the Instructions, these Terms, the General Conditions and the valid price lists of the Company;
c) the obligation to ensure the secrecy and protection of the username, Password, each SMS Token and other means of authentication used to access the Portal, the Application and individual Services and Functionalities, and to always take all necessary measures to prevent their misuse (including adequately securing the end device on which the Application is installed, or through which he/she accesses the Portal, e.g. with an access code or another method that the end device allows), and the User is liable to the Company and any third parties for damage caused by activities and actions performed on the basis of the use or misuse of the username, Password, SMS Token, SIM card or other authentication means of the User. The User may and, in the event of suspicion that an unauthorised person has become familiar with the Password or SMS Token, or other means of authentication (including in the event of theft or loss of the Company's SIM card assigned to the User, or the end device with the Application installed), the User is obliged to change his/her Password promptly in accordance with the Instructions;
d) the obligation to promptly notify the Company (especially by telephone through the Company's customer service centre at 0950 950 950) of any unauthorised use of his/her Password, SMS Token, SIM card or other means of authentication, or any other security breach of the Portal or the Application or individual Functionalities or Services that he/she has become aware of, and the Company is not responsible for damage caused by misuse of the username, Password or SMS Token by any unauthorised person;
e) the obligation to observe the principles of good manners and public order when using the Portal or the Application, not to abuse the Functionalities or Services in any way, especially for mass sending of unsolicited SMS, MMS, email messages or other unsolicited communication, otherwise the User is fully responsible for the damage caused and any violation of generally binding legal regulations caused by this action;
f) the obligation not to spread advertising through the Services and Functionalities; in particular, the User may not send electronic mail (i.e. any message containing text, voice, sound or images through the Portal or the Application, which can be stored in an electronic communication network or on the end device of the recipient of the message until it is collected by the recipient of the message) for marketing purposes without prior demonstrable express consent from the recipient of the message, nor send any electronic mail for direct marketing purposes if the electronic mail does not contain the sender's identity and address, to which the recipient of the electronic mail can send a request to stop sending such messages;
g) the obligation not to sell, or not to use or provide Functionalities or Services to third parties in any paid or unpaid way;
h) the right to order the provision of paid Functionalities or Services in his/her name and for his/her account also for the benefit of third parties; in such a case, the User is obliged to ensure and is responsible to the Company for third parties using the Functionalities or Services in accordance with the provisions of 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 manners; the User is also obliged to pay the price for the Functionalities or Services provided by the Company based on his/her order or with his/her consent to third parties.
4.6. In addition to other rights specified in these Terms, the Company has the right: a) to be paid the price by the User for the provided paid Functionalities or Services pursuant to 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 acting in violation of these Terms, the Instructions or the General Conditions; c) to suspend the provision of Functionalities or Services at any time, even in relation to a specific User of the Portal or a third party, especially if the User/third party abuses the Functionalities or Services, or there is a suspicion of their abuse; d) to introduce additional methods of protecting the Portal and the Users' access to the Portal or the Application, and Users and third parties are obliged to respect and comply with any additional methods of protecting the Portal or the Application introduced by the Company; e) to identify and verify the identification of the User before using the Portal, the Application or some Functionalities (e.g. via an SMS Token), if such an obligation arises from generally binding legal regulations or if it is necessary for protecting the rights of the User, the Company or third parties; the provisions of Article 3 of these Terms apply appropriately to the provision of identification data by the User.
Article 5
Liability for damage
5.1. The Company, the User and third parties (the "Contracting Party" or collectively the "Contracting Parties") are responsible in connection with the use and operation of the Portal or the Application for damage caused by them as a result of the violation of the obligations specified in the applicable generally binding legal regulations, these Terms, the Instructions or the General Conditions, unless they prove that the breach of obligations was caused by circumstances excluding liability, and unless stated otherwise in these Terms, the Instructions or the General Conditions. The User is mainly responsible for damage caused by unauthorised access to the Portal or the Application or the use of Functionalities or Services in violation of these Terms or the Instructions.
5.2. Circumstances excluding liability include any obstacle that occurred independently of the will of the obliged party (especially the Company or the User) and that prevents it from fulfilling its obligation, if it cannot reasonably be assumed that the obliged party could avert or overcome this obstacle or its consequences, and further, that it could have foreseen this obstacle at the time the obligation arose, e.g. natural disasters and their consequences, power cuts, crisis situations, epidemics, national defence readiness, weather effects and other circumstances that are circumstances excluding liability under the legal regulations of the Slovak Republic.
5.3. The injured party is not entitled to damages if the failure to fulfill the obligations of the obliged party was caused by the actions of the injured party or a lack of cooperation which the injured party was obliged to provide.
5.4. The Contracting Party threatened with damage is obliged, taking into account the circumstances of the case, to take the necessary measures to prevent the damage or to mitigate it (e.g. use alternative methods for communication, data transfer, and achieving the effects sought by using the Functionalities or the Services).
5.5. The Company and the User, taking into account the nature of the available Functionalities and the application of the principles of transparency and proportionality, agree that foreseeable damage that could arise as a result of the violation of legal obligations arising from these Terms by the Company corresponds to a proportional part of the price of the Functionality or the Service that was not provided to the User or a third party due to the Company's culpable conduct, or were provided defectively.
Article 6
Changes to the Terms
6.1. In the event of:
a) changes in conditions on the market for the provision of electronic communication services;
b) an increase in the Company's costs related to the provision of a Functionality or Service, or the operation of the Portal or the Application;
c) changes in inflation reported by 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) a legislative change with a direct or indirect impact on the operation of the Portal, the Application or any of its Functionality;
g) the issuing of a decision by a competent public authority (including European Union bodies), which imposes an obligation or confers a right to the Company to make changes to the Functionality, the Service, the Portal, the Application, these Terms or the price of the Functionalities or Services – the Company may fully or partially modify, change, replace or cancel the Portal, the Application, the Functionality, these Terms or the Instructions, additional terms, the prices of the Services (collectively "Changes to the Terms").
6.2. The Company may publish information about the Changes to the Terms before the respective change takes effect, by publishing information about the Changes to the Terms in an appropriate way through the Portal, the Application, other websites of the Company, email messages, SMS messages or other informational materials, press releases or other appropriate ways at the discretion of the Company.
6.3. An agreement on Changes to the Terms between the Company and the User is considered to be validly concluded at the moment of acceptance of the draft of the Changes to the Terms by the User, which is mainly (i) the use of the Functionality or Service affected by the proposed change, or (ii) the payment of the revised price for the paid Functionality or Service.
Article 7
Common and final provisions
7.1. By accepting these Terms and properly completing the Registration Form, the User or a third party (the "Data Subject") acknowledges that the Company will process personal data entered by the Data Subject for the purpose of providing the Functionalities or Services through the Portal or the Application.
7.2. The scope or list of personal data that will be the subject of processing and other information under applicable legal regulations are stated in the notice to the Data Subject on the Portal, the Application, on the Company's Website or specifically in the Instructions for a specific Functionality or Service.
7.3. The Company will take 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 in force in the Slovak Republic and the European Union.
7.4. As part of the use of the Portal or the Application, the Company may also record cookies for a period of up to 90 calendar days from the creation of the relevant connection. In connection with the use of the Portal or the Application, the Company may use functional cookies that remember the settings of the User or visitor of the Portal or the Application in order to improve their comfort when using the Portal or the Application. These cookies can remember the decisions made by the User or visitor of the Portal on the page (e.g. they remember the preferred settings). Cookies can also remember, for example, changes to font size or type made by the User or visitor of the Portal or Application. 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 pages using cookie technology can be used mainly for the following purposes: a) to enable the movement of the User or the visitor of the Portal or the Application through the pages of the Portal or the Application, and the use of their functions, such as access to secure parts (sections) of the pages or saving items in the shopping cart, etc. (strictly necessary cookies); b) to store data about settings (or selections) made by the User or visitor of the Portal or the Application, e.g. choice of username, choice of language or region. These cookies are mainly used to ensure a personalised approach. Such processing will only be possible after obtaining special consent, mainly through the Portal.
7.5. The User or a third party may submit a complaint regarding the operation of the Portal, the Application, a specific Functionality or Service, in writing or by email without undue delay after the fact establishing the reason for the complaint has occurred. When processing a submitted complaint, the Company proceeds appropriately pursuant to the complaint procedure contained in the General Conditions. If the complaint was submitted by a third party (i.e. not the User), the Company will send information about the complaint's handling only to the User whose customer account or contract for the provision of public services is targeted by the complaint. The Company may also send information about the handling of the complaint in electronic form (i) by email to the registered email address of the User, (ii) by SMS message to the registered telephone number of the User, or (iii) in the form of a notification in the Application registered for the User concerned, particularly if the complaint was submitted through the Application.
7.6. A User who is a consumer and who has ordered goods or services offered by the Company through the Portal or the Application may, in accordance with Act No. 391/2015 Coll. on the Alternative Resolution of Consumer Disputes, as amended, submit to the alternative dispute resolution entity a proposal for the initiation of alternative dispute resolution if the Company rejected or did not respond within 30 days from the date of dispatch of the request for redress on the basis of which the User – consumer expresses his/her dissatisfaction with the way in which the Company handled his/her complaint, or if the User – consumer believes that the Company has violated his/her rights. The User – consumer may also send his/her request for redress electronically to the contact address of the Company published on the Portal and in the Application. The User – consumer submits a proposal to start an alternative dispute resolution without delay, not later than one (1) year from the delivery of the Company's negative response to the request for redress, or from the date of the ineffectual expiry of the 30-day period for commenting on the request for redress by the Company. The User – consumer may also submit a proposal for starting an alternative dispute resolution through the alternative dispute resolution platform, which can be found on http://ec.europa.eu/odr.
7.7. These Terms are governed by the legal order of the Slovak Republic.
7.8. By registering on the Portal (including registration through the Application), using the Portal or the Application or using any of the Functionalities, the User or a third party expresses and confirms his/her agreement with these Terms and the Instructions and the will to be bound by them. This also applies in the event of Changes to the Terms.
7.9. In the event of a discrepancy in content between the documents listed below, the following order of binding effect applies between the Contractual Parties concerned: 1. the Instructions, 2. these Terms, 3. the contract for the provision of public services, 4. the price list, 5. the special conditions for the provision of an additional service, 6. the General Conditions.
7.10. The provisions of the General Conditions apply appropriately in the absence of regulation in these Terms. Capitalised terms used in these Terms which are not expressly defined herein have the same content and meaning as the same terms defined in the General Conditions.
7.11. These Terms become valid and effective on 1 August 2019.
In Bratislava, on 1 August 2019.
SWAN, a.s.
