This set of terms and conditions (the “Terms and Conditions”) set forth the rules for the use of the Service Provider's mobile application in which the Terms and Conditions are published (the “Mobile Application”).
The owner of the Mobile Application is PhotoAiD S.A. with its registered office in Białystok, 71 Żurawia Street, 15-540 Białystok, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Białystok XII Commercial Department of the National Court Register under the number 0000941997, NIP 7831692257, REGON 302228040 with the share capital of PLN 110,800 fully paid up (“Service Provider“).
For the purpose of the Terms and Conditions, a “User” is any person visiting or using the services offered by the Service Provider through the Mobile Application.
The scope of the Service Provider's services in the Mobile Application is:
Providing the User with the Service Provider's offer.
Enabling the User to take photos for official documents, which, with the help of free solutions available through the Mobile Application, will be pre-verified and—if technically possible, to the extent permissible—adapted to the legal requirements for the type of photos (background, size, etc.) (the “Product”).
Enabling the purchase of the Product without or with additional paid options offered in the Mobile Application (if available).
And, in addition, in the case of a User who has purchased the Product, to enable such User:
Download that Product to the local drive of the mobile device with which the User used the Mobile Application and purchased the Product (the “Device”).
Print the Product from the aforementioned local drive of the Device.
Express an opinion about the Product or about the Service Provider through an entity cooperating with the Service Provider and in accordance with the terms and conditions specified by such entity.
Services indicated in (a) - (e) above collectively as: “Services.”
Before using the Services, the User is required to familiarize himself with the content of the Terms and Conditions.
Making the Service Provider's offerings available to the User via the Mobile Application is free of charge. In particular, the download of the Mobile Application itself and viewing of the Service Provider's offer is not subject to payment. The Service Provider's offer is subject to change. The costs incurred by the User are related to the acquisition of the Products.
The Service Provider may publish updates to the Mobile Application. An update may be necessary for the correct functioning of the Mobile Application in such cases. The Service Provider does not guarantee the correct operation of the Mobile Application if the User has not downloaded and installed on his/her mobile device the update provided by the Service Provider.
The Services are intended for individuals over the age of 16. Consequently, the Service Provider does not knowingly process personal data of children under the age of 16 intended for persons over 16 years of age.
The User undertakes to verify his own photo in the Mobile Application.
The User is obliged to comply with the law when using the Mobile Application, in particular with the provisions of the Act of April 23, 1964—Civil Code (Journal of Laws 1964 No. 16 item 93 as amended).
In order to use the Services via the Mobile Application, it is necessary for the User to have a mobile device with Internet access and operate on the basis of the Android 6.0+ or iOS 9+ operating system. The Mobile Application works online, i.e., when Internet access is enabled on the User's mobile device. Some of the functionalities available in the Mobile Application can also be used in offline mode, but the Service Provider does not guarantee the timeliness and correctness of these functionalities while they are operating in offline mode.
The purchase of the Product by the User is deemed equivalent to the consent of such User to be contacted by email by an entity that, on behalf of the Service Provider, collects opinions about the Products or the Service Provider aimed at improving the quality of the Services provided under the Mobile Application and adapting their functionality to the needs of the User.
The Service Provider is obliged to provide the User with the Product that is free of defects and fit for use for its intended purpose.
The Service Provider shall not be liable for non-performance or improper provision of the Services if this is due to circumstances beyond the Service Provider's control, for which the Service Provider is not responsible, in particular, due to the actions or omissions of telecommunications operators, telecommunications line providers or electricity providers.
The Service Provider is not responsible for the content posted, stored, or transmitted to the Mobile Application as part of the User's use of the Services.
The conclusion of a contract for the provision of Services between the Service Provider and the User (the “Contract”) cannot take place without acceptance of these Terms and Conditions from the position of the Mobile Application.
Refusal to accept the Terms and Conditions shall result in non-conclusion of the Contract. The Service Provider may refuse to provide Services to a given User only in the case of refusal to accept the Terms and Conditions.
After entering the Mobile Application and verifying the photo, the User can purchase the Product by following the instructions provided.
All prices of the Products listed on the Mobile Application are gross prices (including VAT).
The User has the option to choose the payment method for the Product for a given purchase by activating the corresponding options visible in the Mobile Application. The User is informed about the available payment methods and the deadline for payment for the Product. The price of the same Product may vary depending on the selected payment method.
After selecting a payment method for the purchase of the Product, the User may be redirected outside the User's service to make payment. Payment processing services are provided by third parties according to the terms and conditions of their regulations (hereinafter: “Payment Service Provider”).
After the Service Provider receives information from the Payment Service Provider that the User has made a payment, the purchase of the Product is completed by downloading it to the Device.
The User may choose the method of payment for the Product from among the options available indirectly through the Mobile Application.
For transactions carried out through the Mobile Application, the following methods of payment for the Product are available, offered by Payment Service Providers selected by the Service Provider (Braintree or Bluesnap): payment cards, Blik, Przelewy24, PayPal, and—depending on the operating system of the User's device referred to in par. 2(4) of the Terms and Conditions: Apple Pay or Google Pay.
The Users can submit complaints related to the provision of Services covered by Terms and Conditions electronically to the email address: help@photoaid.com.
The complaint should include in its content: the order number and an indication of the reason for the complaint.
The Service Provider will consider complaints within 14 days from the date of receipt of the complaint. The Service Provider will inform the User about the refusal of the complaint and the reasons for it by sending a message to the email address provided in the course of filing the complaint. If the Service Provider does not address the complaint within 14 days from the date of its receipt, the complaint is considered justified.
In the event of a dispute between the Service Provider and the User regarding the validity of the refusal to accept the complaint, the User has the right to use out-of-court methods of complaint consideration and claim enforcement. The User may opt for mediation or amicable adjudication by submitting to the institution before which the proceedings will be conducted an appropriate form—a request for mediation or a request for the case to be considered by an amicable court. A list of exemplary institutions, along with their contact details, is available on the website https://www.uokik.gov.pl.
In the case of any refund of the price of the Product, the refund will be made in the same form of payment that was used when purchasing the Product.
All refunds of payments above the amount representing the price of the Product will be made only through PayPal or to an account held in a Polish bank.
Refund applies only to Products in terms of photos with the indicated purpose, “e.g., photo for a passport,” and is possible only upon presentation of a reliable document confirming the rejection of the photo by the competent authority.
The scope of collection, disclosure, and use of Users' personal data, along with Users' rights, is detailed in the Privacy Policy, available on the Privacy Policy page.
In matters not regulated in the Terms and Conditions, the relevant provisions of generally applicable law shall apply, including in particular: Civil Code, Law on Consumer Rights and Law on Provision of Electronic Services.
The Terms and Conditions are available on the Mobile Application.
The Service Provider reserves the right to change the Terms and Conditions. All purchases of Products made before the effective date of the new Terms and Conditions are carried out on the basis of the Terms and Conditions that were in effect on the date of the User's purchase of the Product. The amendment to the Terms and Conditions shall become effective within 14 days from the date of publication in the Mobile Application.