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Terms and Conditions Shopping Assistant - Shopping Smart


  1. The Site shall be created, controlled and run by the Administrator.

  2. The Site shall enable Users mainly to access the Application and to use some of the Functionalities.

  3. The Application or Functionalities made available through the Site may only be used provided that the Terms & Conditions and the Privacy Policy have been accepted.

  4. Acceptance of the Terms & Conditions and of the Privacy Policy shall be required in order to conclude the Contract.

  5. Some Services or Functionalities provided as part of the Site or Application may be subject to Additional Terms. When using such Services or Functionalities, Users should comply with the Additional Terms and with the Terms & Conditions. If there are any discrepancies between the Terms & Conditions and the Additional Terms, the provisions of the Additional Terms shall prevail.

  6. Unless defined expressly otherwise, all new functions as part of the Site and Application, as well as the Services and Functionalities shall be subject to the Terms & Conditions and to the Privacy Policy.

  7. The Terms & Conditions, the Privacy Policy and any Additional Terms some Services or Functionalities are subject to (to the extent related to such Services or Functionalities) shall be made available free of charge before conclusion of the Contract in a way which makes it possible: (i) to store and to reconstruct them in the ordinary course of activity; (ii) to acquire, to reconstruct and to record their contents using a System that complies with the Technical Requirements.

  8. The Administrator or the relevant Partner shall make sure that Users have access to up-to-date information concerning: (i) specific hazards related to the use of the Service they provide; (ii) the functions and purpose of the Software or data not included in the contents of the Service provided, which the Administrator or the Partners enter into the System the User uses.


  1. All expressions which are capitalised as well as other terms included and used in the Terms & Conditions shall have predominantly the meanings attributed to them below:

    1. Administrator – Tomasz Rutkowski conducting business activity under the name mobiAR Tomasz Rutkowski, registered office address: ul. Strumykowa 23E/9, 65-101 Zielona Góra, tax ID NIP: 9730849273, statistical number REGON 081001077, entered in the Central Record and Business Activity Information Office of the Republic of Poland kept by the Minister of Economy;

    2. Application – Software made available against payment to Users (available in desktop and mobile version), making it possible to use the Functionalities;

    3. Banner – form of transmission of advertising content constituting a link to products, services, webpages, websites or other messages;

    4. Customer Service – customer service office for Users run by the Administrator, constituting the office of the Project and located at mobiAR Tomasz Rutkowski, at ul. Strumykowa 23E/9, tel. no. +48 693 379 768, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it. ;

    5. Data – personal data as defined by the Act of 29 August 1997 on personal data protection;

    6. Interests – personal interests as defined by the Act of 23 April 1964 – Civil Code;

    7. Additional Terms – documents specifying potential additional terms under which some Services or Functionalities are provided as part of the Site and Application or using the Site and Application;

    8. Electronic Communication – communication between the Administrator and the User, taking place in the Polish language using the User’s electronic mail address assigned to the Account or the Customer Service e-mail addresses relevant to the specific subject matter;

    9. Measure – measure as part of which the Polish Agency of Enterprise Development organises competitions for projects related to the launching of e-services and digital products on the market (as part of Priority VIII: Information Society – Increasing Innovation of the Economy and Measure 8.1: Support for economic activity as regards electronic economy);

    10. Facebook – social networking site accessed through the domain name;

    11. Functionality – functionalities within the Application and the Site, including options of: accessing or publishing Content; integrating the Site or application with selling systems; generating and downloading QR codes; access to data as part of augmented reality; integration of the Application with Facebook;

    12. Consumer – natural person performing an act in law not related directly to their business or professional activities;

    13. Account – account set up within the Site or Application;

    14. Licence – licence on the basis of which the User authorises the Administrator to use Content coming from the User or entered in the Administrator’s System using the Account, in accordance with the conditions described in §5 of the Terms & Conditions;

    15. Licence Period – specific time equal to 12 months counted separately for each item of Content covered by the Licence (starting from the moment of its entering into the Administrator’s System);

    16. Software – all computer software making it possible to use the Site, Services or Functionalities, among other things;

    17. Partner – entrepreneur or another subject being the Administrator’s contracting party, running their business activity also using the Site or the Application, or one whose services are made available to the User through the Site or Application;

    18. Privacy Policy – privacy policy referring to the Site and Application;

    19. Rights – author’s moral rights, author’s economic rights, authorisation to give consent to exercise derivative rights, patents, additional protection rights in inventions, protection rights in utility models or trademarks or rights in registration in industrial models, integrated circuit topographies or geographical indications, or similar rights;

    20. Project – the Administrator’s project entitled “Creation of an innovative Shopping Assistant e service: mobile support for shopping in conventional stores using innovative IT solutions”, implemented as part of the Measure, co-financed with European Union funds and funds from the budget of the Republic of Poland;

    21. Extended Licence Period – specific time equal to 12 months counted separately for each item of Content covered by the Licence (starting from the moment of its entering into the Administrator’s System);

    22. Terms & Conditions – these terms & conditions;

    23. Complaint – demand describedin §12 of the Terms & Conditions, lodged by a Registered User with the Administrator, concerning errors in the functioning of the Site or Application, non-conformity with the Contract as well as other claims related to the functioning of the Site or Application;

    24. Site – the Administrator’s website functioning under the domain name and;

    25. Network – transmission systems and switching or redirecting devices, as well as other resources making it possible to transmit or receive signals using wires, radio waves, optical waves or other means using electromagnetic energy, regardless of their type;

    26. System – a group of compatible hardware devices and software that guarantee processing and storage as well as sending and receiving of data through Networks using Terminal Equipment suitable for the specific type of Network;

    27. Territory – the territory of the Republic of Poland;

    28. Contract – a contract concerning the performance of Services;

    29. Terminal Equipment – electrical or electronic device intended to guarantee telecommunications, intended to be connected directly or indirectly to Network terminals;

    30. Service – service, including a Functionality, performed using the Site or Application – without the parties’ simultaneous presence, by means of data transmission upon the User’s individual request, sent and received using equipment for electronic processing, including digital compression, and data storage, transmitted or received entirely using a Network;

    31. User – subject using the Site or Application;

    32. Registered User – User who has an Account;

    33. Technical Requirements – the following technical requirements which must be met in order to ensure compatibility with the Administrator’s System:

      1. Requirements concerning desktop Terminal Equipment: (i) Internet browser: Internet Explorer 9 or later, Firefox version 4 or later, Google Chrome version 10 or later, Safari version 4 or later, Opera version 11 or later; (ii) enabled cookies and JavaScript, (iii) Internet access;

      2. Requirements concerning mobile terminal equipment: (i) Android or iOS operating system; (ii) correctly functioning mobile browser, JavaScript and CSS/HTML-enabled; (iii) enabled data transmission;

      3. The correct use of any of the applications mentioned above shall require compliance with the minimum hardware requirements recommended by the manufacturer of the individual application;

      4. A correctly functioning mailbox (e-mail address) shall be necessary to use selected Functionalities;

      5. Using ad-blocking mechanisms may cause the Site and Application to function incorrectly or make it completely impossible to use them;

      6. If the Site or Application are integrated with Facebook, deletion, blocking or other loss of access to the Facebook account may cause the Site or Application to function incorrectly or make it completely impossible to use the above;

    34. Content – all content placed in the Administrator’s System using the Site or Application, including information, descriptions, opinions, photographs, audiovisual works or other messages, transmissions, materials, as well as data, models and trademarks;

    35. Consent – declaration of will expressing consent (not consent assumed or implied from a declaration of will with a different content) to the processing of Data of the person submitting the declaration (for the purpose and within the scope indicated in the Privacy Policy);

    36. Malicious Code – computer programme or computer code which causes damage to or has an otherwise adverse impact on computer systems (including the System or its elements), software (including the Software, and the Application in particular), computer networks (including the System or its elements or the Terminal Equipment) or data (including the Data);

    37. Proprietary Items – all proprietary information and all elements of the Site protected by copyright or otherwise legally protected, concerning the Site and the Application, with the exception of Content that does not come from the Administrator or subjects with whom the Administrator has relevant contracts related to the Rights;

  2. The terms “hereinabove”. “herein”, “hereinbelow” and similar shall refer to the Terms & Conditions in their entirety, and not only to their specific sections, paragraphs or provisions in which the relevant term or expression is present.

  3. Unless the context implies otherwise, words in the singular form shall include the plural and vice versa, while the masculine, feminine and neuter genders shall each include the other genders.

  4. Terms and expressions not defined in the Terms & Conditions, Additional Terms or Privacy Policy shall have the meanings attributed to them by the law, and if such definitions are absent, they should be understood in accordance with the meanings in force in the legal sector.


    1. Use of the Site and of the Application by the Users shall be subject to all provisions in force in the Territory, in relation to which the Users consent not to infringe the norms articulated in said provisions. In particular, Users undertake to comply with the rules set out hereinbelow.

    2. Each User shall be obliged to use the Site, Services, Application or Functionalities in accordance with their intended use, with the Contract, with the Terms & Conditions, with potential Additional Terms, if any, with the generally applicable provisions of the law in force, with the public order and accepted principles of morality.

    3. If Users decide to use the Site or Application from a location other than the Territory, said Users shall also be responsible for compliance with the provisions of the law in force in the place where they obtain access to the Site or to the Application.

    4. In particular, it shall be prohibited to use the Site and Application using Malicious Code; to copy, damage or decompile, or to perform any action related to the Site or Application going beyond the ordinary use of the Site or of the Application.


  1. The Site and Application contain a combination of Content coming from the Administrator, Users or Partners, and the Administrator shall not initiate the transmission of data constituting the entirety or a part of the Content not marked in an unambiguous manner as Content coming from the Administrator, shall not select the recipient of transmission of such data, and shall not select or modify information obtained through such transmission.

  2. The Administrator shall undertake all efforts in order to make sure that information or other content constituting the Content coming from the Administrator is precise and correct, nevertheless Content provided by the Administrator shall only be general (not individualised) in its nature and provided for information, educational or advertising purposes, therefore it may not be identified with consultancy or financial advice, or with substitutes of the above.

  3. It shall be absolutely prohibited for Users to submit content of illegal nature.

  4. The Administrator shall be authorised to check data transmitted, stored or made available within the Site or Application, constituting the entire Content or part of the Content, not marked in an unambiguous manner as Content coming from the Administrator.

  5. The Users shall be responsible for all Content and other materials (regardless of their form or nature) sent, transmitted or made available by Users through the Site or Application. For the avoidance of any doubt, it shall be absolutely prohibited to place, through the Site or Application, Content that includes Data disclosing race or ethnic origin, political views, religious or philosophical beliefs, religious denomination, party or trade union membership, as well as data concerning the state of health, genetic code, addictions or sexual life, or date concerning convictions, penal decisions and fines, as well as other decisions issued in court or administrative proceedings, unless such Data were publicly disclosed earlier by the person they concern.

  6. The Users further represent and warrant that they shall hold each time all the essential Rights to content constituting the entire Content or a part of the Content they placed through the Site or the Application – in the fields of exploitation required to ensure functioning of such content in the Site and Application in compliance with the law in force in the Territory and to grant Licence effectively from time to time. This shall concern in particular trademarks and other marks that individualise the entrepreneur.

  7. The Administrator shall enforce the Terms & Conditions, so if he finds that any content constituting the entire Content or a part of the latter infringes or may infringe the Terms & Conditions, he shall be entitled, without limitation to other rights he may have, after informing the User who is a Consumer about it: a) to modify, reject or delete the Content or its part; b) to suspend the User’s right to use the Site or the Application; or c) to benefit from any technical, legal, operational or other means available to the Administrator in order to enforce compliance with the provisions of the Terms & Conditions.

  8. The User should be aware of the fact that some Services of Functionalities are provided – in their entirety or in part – by Partners, about which the User shall be informed additionally before deciding to use the respective Functionality or Service. The Administrator shall not be a party to such obligation relationships.

  9. Users are aware of the fact that access to the Content, Services, Application or Functionalities may depend on the User’s status, the fees they pay (to the Administrator, Partner or third parties), availability of services provided by Partners or expression and non-withdrawal of Consent.

  10. Access to the Site, Application, Content, Services or Functionalities shall be impossible unless the User’s Terminal Equipment meets the Technical Requirements.

  11. Users also accept the fact that the Administrator does not guarantee compatibility of services delivered by Partners with the Functionalities, or the simultaneous availability of said Functionalities.

  12. The User should be aware of the fact that: a) the Administrator may store Data or other information concerning the User’s terminal Equipment in the form of software such as cookies which the functioning of the Site Service and Application involves; b) limitation or prohibition of the appearance of software such as cookies within the User’s terminal Equipment may lead to a negative outcome of using the Site or Application; c) the Administrator may store or make available the Data, if this is required by the law or if this is necessary for the purposes of legal actions, performance of the Contract or responding to reported infringements described below; d) use of the Functionalities or of other Services provided by Partners shall require prior expression of Consent. Said Consent shall be submitted to the Partner providing the relevant Functionality or another Service the User has decided to use, and the Partner shall be obliged to submit all the information required by the law to the relevant User within a suitable time. Operations related to the accomplishment of said Functionalities or Services, performed on the Data, shall not require the User to undertake any additional activities or to express any additional declarations of will.


  1. The subject holding rights in the Proprietary Items shall be the Administrator or his contracting parties. The Proprietary Items shall be protected by the law, without limitation, in accordance with the law in force in the Territory. Any unauthorised use of the Proprietary Items shall expose the Users to civil or penal liability.

  2. Users should access the Site and the Application exclusively through the interface provided by the Administrator for the purpose of using the Site and the Application.

  3. The User hereby grants the Administrator a Licence to use the Content – entered into the System through the Site or Application – in the following fields of exploitation (in its entirety or in part): use, duplication, modification, adaptation, publication, translation, diffusion, performance – regardless of the form and with reference to all contents constituting the entire Content coming from the User or a part of said Content, or entered through the Site or Application using the Account.

  4. Furthermore, the User hereby consents to the Administrator exercising derivative rights in relation to the Content referred to in paragraph 3 above.

  5. The Licence shall be non-exclusive, unlimited in terms of territory, free of charge and sublicensable (provided that its conditions are accepted). The Licence shall be granted for the Licence Period. The Licence Period shall be cyclically extended to an Extended Licence Period, counted from the date of expiry of the previous licence period. The User shall be entitled to terminate the Licence, with effect from the end of each licence period (including an Extended Licence Period), by submitting a termination notice in the last month of the relevant licence period (including an Extended Licence Period). For the avoidance of any doubt, the User accepts and agrees that, after the initial acceptance of the Terms & Conditions (during the setting up of the Account) or acceptance of modifications thereto, the effective granting of Licence under the conditions described herein shall not require the User to undertake any additional activities or to articulate any additional declarations of will.

  6. The User should place Content only using the Account and in compliance with the provisions of the Terms & Conditions and with applicable Additional Terms, if any.

  7. The User is aware of and accepts the fact that the copyright-related aspects of using specific Content not coming from the relevant User by the latter, including as part of the Functionalities, may be subject to conditions specified in relevant Additional Terms, thus deviating from the rules set forth in the Terms & Conditions.

§6. [FEES]

  1. Registration within the Administrator’s System shall be free of charge.

  2. Using some of the Services or Functionalities may require Users to pay a fee in order to obtain access to or to use such Services or Functionalities, in accordance with the Additional Terms (which also include a price list specifying said fees) referring to such Services or Functionalities.

  3. All commercial transactions using the Site shall take place in accordance with the Terms & Conditions and with the relevant Additional Terms.

  4. Transaction settlements shall be performed by wire transfer.


  1. Users may: a) place Content or b) use specific Services or Functionalities, as well as the Application, only after setting up an Account and providing information necessary to do so, which conform to the actual facts. After setting up an Account, Users obtain the status of Registered Users.

  2. In order to set up an Account, a User who is a Consumer should specify the user ID and a password making it possible to access the User’s account on Facebook – in this case, the User’s data shall be acquired from the User’s Facebook profile.

  3. In order to set up the Account, a User who is not a Consumer should fill out the registration form, stating the following data in conformity with the actual facts: a) name under which they perform business activity; b) e-mail address; c) registered office address; d) tax ID; e) telephone number.

  4. Both the data stated by the User during registration using the form and that stated during registration using the Facebook account (including data published in the Facebook account) should be up-to-date, therefore the User shall be obliged to update them immediately from time to time – not later, in any case, than before performing any act in law using the Site or Application.

  5. After the User has filled out the registration form referred to in paragraph 2, letter a) and in paragraph 3 above and confirmed that the data entered there are true, a message shall be sent to the e-mail address stated therein, specifying the way in which the Account can be activated.

  6. The Account may not be traded. One subject (as one and the same User) may only have one Account.

  7. The Administrator reserves the right to have activation or maintenance of the Account depend on the verification of the data mentioned above, including in particular by provision of information or documents required by the Administrator to the latter by the User.

  8. The Site or the Application may be used provided that the User is (respectively) a) of age and has not been legally incapacitated within any scope; b) is 13 or older and has the consent of their statutory representative to perform valid acts in law when using the Site; c) is fully authorised to represent the subject on whose behalf the Account is set up, and their authorisation has not expired, has not been cancelled or limited in another way.

  9. The Administrator reserves the right to block or delete Accounts if the Administrator obtains information that a Registered User is incapable of performing valid acts in law using the Site or the Application, or that the User infringes the rights of the Administrator, of other Users, Partners or any third parties. The User shall be authorised to delete their own Account at any time.

  10. During setting up of the Account, the up-to-date contents of the Terms & Conditions and of the Privacy Policy shall be provided to the User, and their acceptance shall be the condition for activating the Account and using the Site and the Application as a Registered User.

  11. A Registered User shall be obliged: (a) to keep secret data concerning their Account, including the password; (b) to restrict third party access to the User’s Terminal Equipment.


The Administrator respects Users’ privacy and wishes to protect it at all times. The Privacy Policy explains how the Administrator gathers, uses and protects, within the Administrator’s System, information concerning the Users, including Data.


  1. Users who are not Consumers agree to indemnify the Administrator and hold the latter harmless against liability and against any losses, expenses, damage and costs (including court fees), incurred in relation to any claims resulting from the Site or Application being used by Users or third parties using the Account, including infringement of the Terms & Conditions, Additional terms, regulations in force in the Territory or any rights of other Users or third parties.

  2. The Administrator reserves the right to initiate or to carry out, at his own expense, exclusive defence and control of all claims, actions or other issues in relation to which Users are obliged to indemnify the Administrator, as well as all negotiations related to any settlement or compromise related to the above, and Users agree to fully cooperate with the Administrator, in accordance with the latter’s request, in order to hold him harmless against such claims, actions or other activity on the part of the entities raising the claims.


  1. To the maximum extent permitted by the law in force in the Territory, the Administrator shall in no case be liable towards Users, on any grounds, including negligence, for any damage resulting from the use or impossibility of using the Site, Services, Application or Functionalities, even if the Administrator has been notified about the possibility of such damage occurring or if such damage can be predicted. By using the Site, Services, Application or Functionalities, the User agrees that the above limitation shall apply to all Services, Functionalities, Content, Contents and other Materials which may be available through the Site or Application or in relation to using them.

  2. All Content shall be placed within and downloaded from the Site or Application at the User’s own request and risk. Identical conditions shall apply to using the Site, Application, Services or Functionalities. Without limitation to the foregoing, the Administrator shall not be liable for Malicious Code, delays, inaccuracies, errors or deficiencies occurring as a result of using the Site or Application by the Users.


  1. If anyone believes that any of their rights have been infringed within the scope of the Site or Application or during their use, they should report this to the Administrator, through Customer Service.

  2. In order to make it easier for the Administrator to react to potential infringements, the Administrator suggests that the notification referred to above should meet the following criteria: (a) precise indication of the person whose rights have been infringed; (b) precise description of the Content or equivalents of the Proprietary Items infringing the rights mentioned above, together with suitable documents enclosed; (c) precise description of the place within the Site or the Application where the infringement has taken place (with screenshots enclosed); (d) contact data of the person reporting the infringement; (e) declaration by the person reporting the infringement that the information stated in the notification is to the highest possible extent accurate and true, and that its purpose is only and exclusively to protect the infringed rights, and not to harm the Site, Application, Administrator or subject accused of the infringement in any manner, and that the person reporting the infringement is a subject in whom the infringed rights are vested or one acting for an on behalf of such a subject (with a duly made power of attorney enclosed).


  1. Registered Users may lodge Complaints concerning the failure to perform or inappropriate performance of the Services.

  2. Complaints may be lodged with Customer Service in writing or by way of Electronic Communication, unless this is technically unfeasible.

  3. A Complaint should include the following: (a) given name and surname as well as address of the Registered User (in the case of a Consumer) or name and registered office of the Registered User (in the case of a non-Consumer); (b) specification of the object of the Complaint and of the period the latter relates to; (c) presentation of the circumstances justifying the Complaint, with all documents and information enclosed proving that the claims are justified; (d) date of Contract conclusion; (e) subject to the appropriate provisions of the Terms & Conditions, the amount of indemnity or other amount due – if the Registered User demands they be paid; (f) bank account number or address suitable for payment of the indemnity or another amount due, or request that they be credited on account of future payments – if the Registered User demands that an indemnity or another amount be paid; (g) signature of the Registered User or of the latter’s representative – if the Complaint is lodged in writing. If the Complaint is signed by a Registered User’s representative, said representative shall be obliged to prove the authorisation held by means of suitable documents.

  4. If the Complaint submitted fails to comply with the requirements described in paragraph 3 above, the Administrator, if he deems it necessary to handle the Complaint appropriately, shall call upon the Registered User to supplement it, specifying a deadline of at least 7 days, as well as the scope of supplementation, making it clear that failure to supplement the Complaint within the specified period shall lead to the Complaint being left unexamined. After the set period has expired without effect, the Complaint shall be left unexamined.

  5. The Administrator shall respond to the Complaint by way of Electronic Communication within 30 days of its submission. A response to a Complaint should include the following: (a) name of the Administrator’s entity handling the Complaint; (b) grounds for the decision invoked; (c) decision to grant the Complaint or refusal to grant it; (d) if an indemnity is granted – specification of the amount and date of its payment; (e) if another amount is reimbursed – specification of the amount and date of its payment; (f) information that the complaint procedure has been exhausted; (g) factual and legal grounds – if granting of the Complaint is refused completely or in part.


  1. The Contract shall remain in full force and effect until it is terminated by virtue of: the User’s or of the Administrator’s will expressed in writing (within the date specified therein) to terminate the Contract or to delete the Account.

  2. Termination of the Contract shall not release the User from the obligation to cover all potential costs arising before Contract termination, or from the obligation to comply with all other obligations towards the Administrator, Partners or third parties, arising within the scope of the Site or Application, or in relation to the Site or Application, from the performance of which the User has not been released by the creditor in an unambiguous manner in writing.

  3. A User who is a Consumer may withdraw from the Contract within 10 days of its conclusion, with the exception of the situations indicated in art. 10, paragraph 3 of the Act of 2 March 2000 on the protection of some consumers’ rights and on liability for damage caused by hazardous products (Journal of Laws Dz. U. of 2002, No. 22, item 271, as amended). In accordance with art. 10, paragraph 3 of said Act, Consumers shall not be entitled to withdraw from a contract concluded at a distance in the following cases: 1) if performance of services started, with the Consumer’s consent, before the date referred to in art. 7, paragraph 1 of said Act, 2) concerning audio and video recordings and ones recorded on digital data storage media after the Consumer has removed their original packaging, 3) contracts concerning performances whose price or remuneration depends exclusively on movements in prices on the financial market, 4) performances whose characteristics were defined by the Consumer in an order placed by the latter or which are strictly related to the Consumer as a person, 5) performances which, due to their nature, may not be returned or whose object is perishable, 6) delivery of press, 7) gambling services.



  1. None of the provisions of the Terms & Conditions concerning limitation of the Administrator’s liability and indemnification of the Administrator as defined by §9 of the Terms & Conditions shall apply within the scope concerning Users who are Consumers.

  2. If any provision of the Terms & Conditions is deemed invalid, the remaining provisions shall remain in force and they shall continue to be binding.

  3. The Contract shall be concluded in the Polish language.

  4. This document, as well as the documents invoked herein, shall be subject to the provisions of the law in force in the Territory.

  5. All disputes which may arise in relation to this document shall be settled by way of negotiations between the Administrator and the User who undertake to act in good faith in order to settle the dispute, taking equally into account the Administrator’s and the User’s interests that deserve recognition. If the procedure envisaged in the foregoing sentence proves to be ineffective, the dispute shall be handed over for examination by common courts of law having jurisdiction over the Administrator’s office. The provisions of this paragraph shall not apply to Users who are Consumers.