Terms and Conditions

§1 

GENERAL PROVISIONS

1. These Terms and Conditions (hereinafter referred to as the “Terms”) establish the rules for accessing the LOOVAPLAY platform provided by GoMobee LTD, with its registered office at Glashaus (Level 3), 263 Triq ix-Xatt, Gzira GZR 1020, Malta. Tax Identification Number: MT26598217. For complaints, contact reklamacje@teleaudio.pl or call +48 22 244 40 02 (9:30 AM – 5:00 PM).
2. Services provided through the LOOVAPLAY platform are chargeable under the conditions outlined in these Terms.
3. All Users are required to familiarize themselves with these Terms before using the service. Use of the service implies acceptance of the Terms.
4. The Services (as defined below) are available to users of the following network operators: Orange Polska S.A. (ORANGE), T-Mobile Polska S.A. (T-MOBILE), P4 Sp. z o.o. (PLAY), and Polkomtel Sp. z o.o. (PLUS).
5. Users are obligated to use the Service and platform in compliance with applicable Polish laws and the provisions of these Terms.

§2

 TERMS OF USE FOR SERVICES

1. A detailed description of the Services offered by the Organizer, along with their prices, is available on the LOOVAPLAY platform at: https://pl.loovaplay.com.
2. The Organizer reserves the right to update and develop the functionalities of the Services and the platform.
3. Services on the platform are chargeable. Services can only be purchased by sending an SMS to the number 92505 (PLN 25 net / PLN 30.75 gross) with the text “LOOVAPLAY” or another specified in promotional materials.
4. Before making an SMS payment, the Client should ensure:
   a. Sufficient free memory is available on their mobile phone to read the selected content. If the memory is insufficient, the content will be ordered and paid for, but the Client will be unable to access it.
   b. Their mobile phone is properly configured to receive SMS messages. Information about proper configuration can be obtained by contacting their network Operator.
   c. The content offered is compatible with their mobile phone model.
5. Using the Service requires access to the Internet. The charges for the Service do not include data transmission costs incurred when using the Internet, which are borne by the User according to the tariff of the Operator whose services they use.
6. The Services are available within the territory of the Republic of Poland.
7. Users are entitled to portability of the Services and may use them while temporarily staying in another country within the European Union or the European Economic Area, provided that their actual and permanent residence in the Republic of Poland has been positively verified under applicable law. Verification may include checking the IP address (Internet Protocol) from which the User accesses the Service and the existence of a phone service agreement with a provider operating in the Republic of Poland.
8. The Service provided under portability rights during a temporary stay is offered to the same extent and under the same conditions as it is available to the User within the territory of the Republic of Poland.
9. The Agreement is concluded at the moment the telephone conversation within the Service begins or when the User sends an SMS to the number specified in these Terms.
10. By sending an SMS, the User agrees to the execution of the Service before the expiration of the withdrawal period.
11. The User is not entitled to withdraw from the Agreement pursuant to Article 38 of the Act of 30 May 2014 on Consumer Rights, as the execution of the service will begin, with the User’s explicit consent (as indicated above), before the withdrawal period expires.
12. Granting consent for the execution of the service before the withdrawal period expires is voluntary. Due to the nature of Services provided “on demand” by the User, in the case of a distance Agreement or one concluded outside the Organizer’s business premises, the Organizer may provide the Service upon obtaining the User’s explicit consent to commence execution before the withdrawal period expires.

§3

OTHER TERMS OF USE FOR SERVICES

1. The User’s ability to use the Service depends on their compliance with the requirements of these Terms. In particular, each User is responsible for meeting the following minimum technical requirements to access the platform and the Service:
   a. A mobile phone equipped with an active SIM card in the network of one of the Operators, with functionalities enabling the activation and use of the platform (including receiving SMS messages, without blocks as defined by the relevant regulations of the given Operator that would prevent access to the Service).
   b. Internet access.
   c. A computer, phone, or other digital device with installed software that allows browsing websites (e.g., Internet Explorer, Google Chrome), properly configured (especially regarding data transmission or other elements necessary for using the Service).
   d. Proper configuration of the aforementioned devices, particularly concerning data transmission.
2. The User must be authorized to use the devices mentioned in point 1 above in a manner that allows access to the platform and the Service.
3. Additional information about the functionality and interoperability of the Services, including compatibility with the model of the phone, computer software, or other intended device, as well as potential technical protection measures, may also be provided on the platform for specific Services selected by the User.
4. The User is required to protect the password and access to their mobile phone/computer or account enabling access to the platform or Services from unauthorized use by third parties.
5. The User accessing the Service is entitled to use it only as described in these Terms, i.e., to play the Service on a phone, computer, or other intended device. Specifically, the User is not authorized to:
   a. Copy, duplicate, modify, display, publish, or distribute the Service or any part of it in any way.
   b. Use the Service for commercial purposes, including business activities, resale, or any form of sharing with third parties.

§4

RESTRICTIONS AND COPYRIGHT

1. Short interruptions in access to the Service lasting no longer than 5 hours per month may occur due to necessary maintenance and/or technical work. In case of longer interruptions caused by malfunctions, the Organizer will make every effort to resolve the issue as soon as possible.
2. The Service is available via telecommunication data transmission, during which circumstances and factors beyond the Organizer’s control may occur, affecting the ability to use the Service, such as weather conditions, improper installation, insufficient signal quality, network malfunction, or failure.
3. The Service has territorial (geolocation) license restrictions and, unless otherwise stated in the description of the Service, is available to Users logging in from the territory of the Republic of Poland (identified by a Polish IP address) and to Users positively verified as having a genuine and permanent residence in the Republic of Poland. The offer presentation on the platform reflects the territorial license restrictions related to the Services offered.
4. Some Service content constitutes works protected under applicable law. The Organizer may use authorization and encryption systems for the Services. Users are authorized to use the Services solely for personal purposes. Users are not entitled to publicly or commercially share the Services or any part thereof in any form.
5. Services may have (independent of the technical requirements specified in these Terms) license or technical restrictions (including hardware restrictions), which may render the Services unavailable or limit their availability for certain types or quantities of Equipment. Information about hardware restrictions will be available on the platform in the description of the relevant Service.
6. Limitations on the use of the Service may occur in the event of attempts to use the Service simultaneously on multiple devices (exceeding the allowed number of devices) or unauthorized access attempts to the User’s account on the platform.
7. Users are prohibited from providing illegal content.

§5

RESPONSIBILITY

1. The Organizer is responsible for the failure to deliver the Service on time and for any non-conformity of the Service with the Agreement.
2. If the Service is not delivered on time, the User has the right to request its delivery through a complaint procedure as specified in § 7. If the Organizer fails to deliver the Service immediately or within an additional timeframe explicitly agreed upon with the User, the User may terminate the Agreement. The User may terminate the Agreement without requesting delivery if:
   a. The Organizer has stated or it is evident from the circumstances that the Service will not be delivered; or
   b. The User and the Organizer agreed or it is clear from the Agreement circumstances that the specified delivery timeframe was essential to the User, and the Organizer failed to deliver within this timeframe.
3. If the Service is provided in a manner inconsistent with the Agreement, the User may request that the Service be brought into conformity with the Agreement by submitting a complaint. 

§6

COMPLAINTS 

1. The User has the right to submit a complaint.
2. Complaints may be submitted:
   a. Electronically via email to: reklamacje@teleaudio.pl.
   b. In writing to the Organizer’s address provided in the Terms.
3. The complaint should include:
   a. The name and surname and the MSISDN number used to order the Service.
   b. A description of the subject of the complaint and the period covered by the complaint, along with an explanation of the circumstances justifying the complaint, particularly indicating the moment the problem with the Service occurred.
   c. The User’s signature in the case of a written complaint.
4. Complaints will be reviewed within a reasonable time. In particularly complex cases or those requiring additional clarifications, the review will be completed no later than 14 days after receipt.
5. Responses to complaints will be provided electronically to the email address from which the complaint was sent by the User. If a written complaint is submitted, the User should indicate the preferred communication method and provide an email or postal address for a written response.
6. The Organizer may request additional information from the User necessary to review the complaint, particularly to determine whether the non-conformity of the Service with the Agreement is due to the User’s digital environment. If the User fails to provide the required information, the complaint will remain unreviewed. The User is obligated to cooperate by providing necessary data to review the complaint.
7. The User has the right to pursue claims through court proceedings or, in the case of consumers, through mediation or arbitration proceedings. The rules and procedures for out-of-court consumer claim resolution are determined separately in laws or documents issued by the institutions conducting such activities (e.g., regulations, statutes).

§7

FINAL PROVISIONS AND AMENDMENTS TO THE TERMS

1. The Organizer is authorized to introduce amendments to the Terms.
2. Changes to the Terms that are not essential for maintaining the conformity of the Service with the Agreement may be made in justified cases, such as:
   a. Changes in legal regulations affecting the content of the Terms and the need to adapt the Terms to ensure compliance with the law.
   b. Adjustments required to align the Terms with recommendations, orders, rulings, resolutions, interpretations, guidelines, or decisions of authorized public administrative bodies.
   c. Improvements to the functionality of the Service and User support.
   d. Changes related to the security of the Service.
   e. Measures to counteract abuse in the use of the Service.
   f. Technological and functional updates to the Service.
   g. Introduction of new, additional features or options for the Service.
   h. Editorial changes necessary to correct, improve, or remove errors or inaccuracies.
   i. Administrative changes, including updates to identification or contact details.
3. The Organizer will inform Users about the changes mentioned in point 2 above by publishing information about the changes on the website: https://pl.loovaplay.com/ 
4. Publication will occur with at least 14 days’ notice, provided this timeframe is feasible given the nature of the changes being introduced.
5. In the case of changes to the Terms that significantly and negatively affect access to or use of the Service, the Organizer will inform the User about the changes and their effective date with at least 14 days’ notice on a durable medium, provided such notice is feasible given the nature of the changes being introduced.
6. If the User does not accept the changes introduced in accordance with point 5, they are entitled to terminate the Agreement without notice no later than 30 days after the change is made or after being informed of it if the notice was provided after the change.
7. The right to terminate does not apply if the Organizer has ensured that the User can continue to use the Service, in compliance with the Agreement and without additional costs, in its unchanged state.
8. Matters not covered by the Terms are subject to the applicable laws.
9. The Organizer makes every effort to protect the privacy and personal data of Users and undertakes measures to enhance the security of the platform and improve its usability. However, it is not possible to completely eliminate all risks associated with using the Internet, including the risk of unlawful interference by unauthorized persons. Current information on specific threats related to using electronic services, the functionality of digital content, and measures for their protection are available on the platform.
10. The Organizer is the data controller for Users’ personal data. Information on data processing is detailed in the Privacy Policy available on the platform.
11. The Agreement is concluded in the Polish language.
12. This Agreement is governed by Polish law. The choice of foreign law does not deprive Users who order Services under these Terms of their rights arising from mandatory provisions of the law of their permanent place of residence.
13. These Terms come into effect on November 25, 2024.

TEMPLATE FOR WITHDRAWING FROM THE AGREEMENT

(This form should be completed and sent only if you wish to withdraw from the Agreement)

Recipient: ………

I hereby inform you of my withdrawal from the Agreement ………..
Date of conclusion of the Agreement: …………………………
Full name of the User: …………………………
Address of the User: …………………………
Signature of the User (only if submitting a paper version):
Date: …………………