Terms of Service - Listonic

Terms and Conditions for the Provision of Listonic Services

Definitions

Wherever the following terms are used in these Terms and Conditions, they shall be construed as such:
1. Password – a concealed sequence of characters, essentially alphanumeric (consisting of letters and numbers), enabling the System to authorize the User and the User to access certain features of the Service related to the User’s activity possible only after the User’s authentication. Entering the Password is necessary for the System to execute the User’s commands and orders.
2. Listonic – service for making shopping lists through the Services provided on the basis of these Terms and Conditions, regardless of its version
3. Listonic App – Listonic Service available as a mobile application for smartphones, tablets and other mobile devices running on iOS, Android or Windows operating system
4. Listonic Web – Listonic Service available in the web version / for a web browser, at app.listonic.com
5. Cookies – small text files sent by a web server and saved on the User’s side (usually on a hard disk). The default parameters of cookies are set so only the Server that created them can read the information they contain. Cookies are most commonly used for counters, polls, online shops, websites that require login, advertising and visitor activity monitoring.
6. Cookies or other similar technologies – Cookies or other tools, such as localStorage, AdID, used for similar purposes, i.e. to record, store information on Users’ online activity on the Website, installed locally on web browsers, mobile applications, and Users’ computers; for the sake of expediency, collectively referred to as “Cookies or other similar technologies”.
7. Terms and Conditions – these terms and conditions for the provision of services by Listonic sp. z o.o.
8. Website – all tools used to provide Services referred to in these Terms and Conditions, together with their software: the Listonic.pl website, Listonic Web, Listonic App, Listonic Buttons, any other tools or places of providing the Services
9. Retailers – distribution chains that signed an agreement with the Service Provider on the provision of the Listonic Gazetki Promocyjne service, i.e. with respect to informing about the current promotional offer of these chains presented in promotional leaflets, including Lidl, Biedronka, Tesco, Makro, Intermarche, Lewiatan, Delikatesy Centrum, Rossmann, Hebe
10. pl webpage – webpage available at listonic.pl
11. Services – services provided by electronic means pursuant to these Terms and Conditions
12. Service Provider – “Listonic” Sp. z o.o. with its registered office in Łódź, ul. Żeromskiego 46/4/21, entered by the District Court for Łódź Śródmieście in Łódź into the National Court Register under the number 0000326899
13. Authentication – entering the correct login and Password to sign in to the Listonic Account; Authentication is both the use of the login details provided upon registering with Listonic via e-mail address and password setup, as well as signing in using the Facebook or Google+ login.
14. User – a natural person using the Services pursuant to these Terms and Conditions.

General provisions

These Terms and Conditions shall determine:
1. type, scope and conditions of providing digital services by the Service Provider;
2. rights and obligations of Users concerning the use of the Services.

Listonic sp. z o.o. provides the following Services pursuant to these Terms and Conditions:
1. listonic.com webpage;
2. Listonic.

Services are digitally provided within the meaning of the Act of 18 July 2002 on the provision of digital services.
The Service Provider shall provide Services in accordance with these Terms and Conditions.
Before accepting these Terms and Conditions, the User is obliged to read their contents. By accepting these Terms and Conditions the User confirms that he/she has read them and accepts their provisions.
The Terms and Conditions are available to Users on the Webpages and the information and link to the Terms and Conditions is displayed wherever the User starts using the Services.

General conditions of the use of the Services

The services are intended for adults.
The User enters into an agreement for the provision of a specific digital Service at the moment of commencing the use of the Service.
The Agreement is concluded for an indefinite period of time, depending on the type of Service, settings of the User’s web browser and the User’s will.
The User may terminate his/her use of the Services at any time and thereby terminate the agreement to provide the Services.
Use of the Services is free of charge, except for the Listonic App Premium Service, for which a specific fee is charged.
Individual Services and versions of Services are available in different languages the content and functionalities of which may vary, including country-specific requirements or customizations.
The User may use the Services without providing any personally identifiable information. Regardless of this, any data provided to use the Listonic Account or any other information processed in connection with the use of Services, such as the IP number, Cookies or other similar technologies, may constitute personal information of Users.
The terms concerning the processing of personal data of Users are available in the Privacy Policy.
The terms of using Cookies and other similar technologies by the Service Provider are available in the Cookies Policy.
The User is obliged to use the Services in a manner consistent with the law and these Regulations and with respect for the rights of other natural and legal persons.
Services and all their elements, in particular the content of the Website, as well as Listonic software are protected by the applicable law, including the Act of 4 February 1994 on copyright and related rights and the Act of 16 April 1993 on combating unfair competition.
Using the Services does not mean that Users acquire any rights to the works or databases contained therein. In particular, it is forbidden to copy, modify or transmit digitally or in any other way all or any part of the Services for commercial or non-commercial purposes without the prior written consent of the Service Provider.
The User undertakes in particular to
1. observe the copyright and industrial property rights, including those resulting from the registration of inventions, patents, trademarks, utility and industrial designs of the Service Provider and other natural or legal persons, as well as observe the protection of the image rights,
2. refrain from posting illegal content when using the Services, in particular content that violates legally protected interests of the Service Provider and third parties, is contrary to the principles of social coexistence, vulgar and offensive, in the User’s profile and on shopping lists, content that is contrary to the Terms and Conditions, and also violates generally applicable law in the country,
3. refrain from any actions that would violate the privacy of other Users, mainly consisting in collecting, processing and disseminating information about other Users without their express consent, except for a situation when these actions are consistent with the law and the provisions of these Terms and Conditions,
4. refrain from any actions that could hinder or interfere with the functioning of Listonic, as well as actions consisting in destroying, changing, removing, damaging, or hindering access to Accounts of other Users,
5. never take any actions to the detriment of the Service Provider, Users or other natural or legal persons,
6. never place advertisements or other customer acquisition material,
7. never place the so-called “chain letters” nor create financial pyramids,
8. never send viruses or harmful computer codes.
The User is held accountable for the content he/she uploads, including the content that is made public on the Website, both to the Service Provider and to third parties. If third parties file claims against the Service Provider based on the User’s act or omission, the User undertakes to satisfy such claims and releases the Service Provider from the obligation to satisfy them.
Publishing any content on the Website shall be tantamount to the User’s acknowledgement that such information or content shall under no circumstances be treated as confidential. In the event that the User provides any information or content to other Users or makes it public on the Website in any way, the Service Provider is entitled to record, reproduce, create derivative works, publish, edit, translate, disseminate, present information or content in any medium of communication, in part or in whole, in any form and frequency, and transfer these rights to a third party, and the User authorizes the Service Provider to exercise the above rights.
If the User believes that any materials available on or through the Website infringe the copyright to a specific work, he/she may demand that such materials be removed from the Website or block access to them by sending a message or a letter to the Service Provider with the following information:
1. data identifying the work covered by the User’s copyright. The User should provide a description of the work and, if possible, attach a copy or indicate the location (e.g. URL) of the copyrighted version of the work;
2. data identifying the material (including location), which in the User’s opinion infringes their copyrights. The User should provide a description of the material and indicate the URL of the location of the material or any other relevant information that might help to locate it;
3. name, address and – possibly – telephone number and e-mail address of the User;
4. User’s statement stating that he/she holds copyrights to a specific work.

General technical conditions of the use of the Services

In order to use the Services, the following requirements must be met:
1. appropriate device for accessing the Internet and Internet connection;
2. the device should meet the following specifications: screen resolution 1024 × 768 or higher, color depth of 16 bit (high color) or higher,
3. in case of computers – the installed browser should be in the following versions: Internet Explorer 11+, Chrome 24+, Firefox 18+, Safari 7+, Opera 15+;
4. cookies enabled,
5. for computers, Javascript enabled;
6. in the case of a smartphone, tablet or other iOS, Android or Windows device, access to the appropriate application distribution platform:
  1. Apple AppStore for iOS;
  2. Google Play for Android;
  3. Windows Store for Windows.
Use of the Services may involve standard risks related to the use of the Internet, depending on the security features of the device and network used by the User.
The use of the Services requiring logging in is secured by the Service Provider using an encrypted Internet connection.
When using Authentication via other websites, such as Facebook or Google+, the Authentication is performed under security measures implemented by those other websites.

Provision of Services

The Service Provider shall provide uninterrupted services, subject to technical interruptions due to the required maintenance, upgrading or servicing.
The Service Provider shall provide Services within the scope specified in these Terms and Conditions and in the Cookies Policy. Provision of Services involves placing links redirecting to services offered by other entities. The Service Provider is then solely responsible for providing Services within the scope of providing appropriate links and is not responsible for services provided by other entities, to which the Service Provider provides links within the scope of Services.
The Service Provider has the right to interfere in Shopping Lists and User profiles, as well as other data uploaded by Users to the Website, if their content is not consistent with the provisions of the Terms and Conditions, Polish law or the rules of social coexistence. Interfering in Shopping Lists, User profiles, as well as other data uploaded by Users on the Website should be construed as, among other things, the removal of these data in whole or in part, their change or making it impossible for the User to access such content.
In the case of User’s suspected infringement of the Terms and Conditions or Polish law, the Service Provider has the right to suspend the use of the Services and to take appropriate actions in order to clarify all essential circumstances concerning the possible infringement. The Service Provider reserves the right to discontinue the provision of Services, including blocking such Listonic Account the activities of which are deemed by the Service Provider to be harmful to the Website or other Users, and which violates any of the provisions of these Terms and Conditions. The resumption of the provision of Services, including the unblocking of the Listonic Account, depends on the decision of the Service Provider.
The User shall not be entitled to financial comensation for any interruptions in the availability of the Services caused by the above circumstances.
The Service Provider does not guarantee the suitability of the content of the Service by other entities and other Users for a specific purpose or use, to the extent permitted by the applicable law. In particular, the Service Provider makes no representations or warranties as to the accuracy, reliability, completeness, suitability or timeliness of such content, graphic symbols, links or messages posted on the Website or transmitted via the Website.

Conditions of use for the individual Services

Listonic.com wepbage

The listonic.com webpage is a service provided through the listonic.com webpage, consisting in the delivery of
1. content concerning the Listonic Service, including, but not limited to
  1. links to the Listonic Web Service;
  2. links to external application platforms for downloading Listonic Apps free of charge:
    1. AppStore for iOS operating systems,
    2. Google Play for Android operating systems;
    3. Windows Store for Windows operating systems
  3. articles on food-related topics, published in the Blog section;
  4. other content concerning Listonic Sp. z o.o., such as business profiles, contact details, career in Listonic;
  5. contact form for sending messages to the Service Provider;
  6. other information content.
The start of using listonic.com takes place at the moment of opening the listonic.com webpage.
Using the listonic.com Webpage does not involve providing the Service Provider with any data that would identify the User.
In order to use the functionality of the contact form, the User must provide his/her name and e-mail address. If the User choses the option of sending a copy of the message to him/herself, the message will also be sent to the contact e-mail address provided by the User. This message will be sent to the User without encryption. By selecting the option: “Send a copy of the message to yourself”, the User confirms that he/she is nevertheless requesting that his/her message be sent to the e-mail address he/she provided.
Termination of using the listonic.com website, depending on individual settings of the User’s browser, takes place:
1. upon closing the listonic.com webpage
2. upon clearing the Cookies and other similar technologies relating to the listonic.com website.

The listonic.com website is available in two languages: Polish and English. The content of each of these language versions may vary.

Listonic

Listonic is a tool used to maintain digital, interactive shopping lists, to inform about the current promotional offers of the Retailers and to use additional services.
Listonic is available in a version:
1. for logged in Users using the Listonic Account;
2. for Users who are not logged in, without the need to set up and use the Listonic Account.

Listonic can be used under a pseudonym, i.e. without having to give one’s identity details, e.g. actual name. Serving as such pseudonym is the e-mail address provided by the User for registration of his/her Listonic Account.
Listonic has the following functionalities:
1. My Lists – allows Users to create shopping lists by entering products or adding them from a predefined list of proposed products, dictating or scanning product barcodes, assigning products to specific categories, modifying and deleting shopping lists, indicating additional information about products included in the shopping list, using individual settings of individual shopping lists, using shopping tips, product prompts, special offers in current promotional leaflets, using other functionalities available to Users who are not logged in and to Users who are logged in;
2. Listonic Account – functionality consisting in creating an individual User account in order to use additional functionalities of Listonic. Logged in Users may, in addition to using the functionalities available to non-logged Users, share Shopping Lists, including:
  1. have access to their Shopping Lists and to the full functionality of Listonic on each device, after positive authentication;
  2. sharing Shopping Lists with other Listonic Users, with the option of editing the list or without it;
  3. generate a link to the Shopping List and send it to any e-mail address provided by the User;
  4. provide access to the Shopping Lists shared by other Users, with or without the possibility of modification, depending on the decision of the User sharing the Shopping Lists;
  5. use other functionalities available for logged in Users.
3. Listonic button – functionality provided on other websites, e.g. blogs, culinary services, consisting in transferring the User from the current viewed website to listonic.com in order to e.g. add specific products to the Shopping List or create a new Shopping List with products from the recipe viewed by the User. The content of the Shopping List, which will be displayed after clicking the Listonic button, is defined by the Service Provider on the page where the Listonic button is located and remains outside the scope of Listonic Services;
4. Listonic button – functionality provided on other websites, e.g. blogs, culinary services, consisting in transferring the User from the current viewed website to listonic.com in order to e.g. add specific products to the Shopping List or create a new Shopping List with products from the recipe viewed by the User. The content of the Shopping List, which will be displayed after clicking the Listonic button, is defined by the Service Provider on the page where the Listonic button is located and remains outside the scope of Listonic Services;
5. Supporting functions – functionalities designed to support the User in using Listonic, e.g. Technical Support, FAQ or to inform other persons about Listonic by the User and to broaden the circle of friends using Listonic, e.g. to share the Shopping List, e.g. to recommend Listonic to friends, to invite them to use Listonic.

Listonic is available:
1. as Listonic Web, in the version available online from app.listonic.com via a web browser;
2. as Listonic App – in the application version for mobile devices such as smartphone, a tablet named: Grocery Shopping List Listonic, downloadable from the application platforms.

The use of Listonic commences:
1. in the Listonic Web version:
  1. for logged in Users – at the moment of commencing the use of the Listonic Account Service;
  2. for non-logged in Users – at the moment of opening app.listonic.com;
2. in the Listonic App version – at the time of installing Listonic on the User’s device;
3. from your Listonic Account – when you have successfully registered your Account or signed in via Facebook or Google+.
The Listonic Service is terminated:
1. in the Listonic Web version:
  1. for logged in Users – upon deleting the Listonic Account;
  2. for non-logged in Users – depending on the individual settings of the User’s browser: at the moment of closing app.listonic.com or clearing cookies and other similar technologies used on the Website;
2. in Listonic App version – upon uninstalling Listonic on the User’s device;
3. from the Listonic Account – upon removing the Listonic Account.
Individual functionalities and their availability may differ depending on the version of the Listonic service used by the User.47.

Listonic Account

Users can register their Listonic Account by following the instructions below:
1. enter any e-mail address of the User and establish a Password to the Account;
2. sign into Listonic for the first time using Facebook or Google+ account.

By registering a User Account, the User declares that:
1. he/she is of age and authorised to conclude a contract for the provision of Services;
2. he/she has the right to use the e-mail address used to register the Account or the right to use a Facebook or Google+ account used to sign in to Listonic.

Users may not use someone else’s email address or someone else’s Facebook or Google+ account to register or sign in to Listonics.
The use of the User Account begins after registration.
Listonic enables to customize the settings of Listonic Accounts for logged in Users. The Account settings concern private data, i.e. adding the name, place of residence and age, and also change the authentication data: e-mail address and Password.
The e-mail address provided during registration will be used as the login to the Listonic Account.
Users must immediately update their e-mail address used as their Listonic Account login when they change, delete or lose their right to use the e-mail address.
Users will also be sent information regarding their use of the Services, including, but not limited to, confirmation of their use of the Services, changes to these Terms and Conditions, Privacy Policy or the termination of the Services, to their email address.
The e-mail address provided upon opening a Listonic Account will not be used by the Service Provider for direct marketing, unless the User gives his/her own voluntary consent.
The Service Provider may refuse to provide the Listonic Account service if the e-mail address provided is already used by another User.
Users are obliged to keep their Listonic Account Password confidential and not to disclose it to third parties. They are responsible for taking all reasonable measures to ensure that their Passwords and Accounts are secure from unauthorized access. The User is responsible for controlling the availability and use of logins and passwords; granting privileges, monitoring and controlling access and the manner of using logins, passwords and Accounts on the Website; immediately informing the Service Provider of any need to deactivate the Password.
Users are solely responsible for the consequences of their disclosure of their Listonic Account Password or allowing others to use their Listonic Account in any other way, including by logging in to Facebook or Google+.
The Listonic Account may be deleted:
1. by the User, at any time;
2. by the Service Provider, after 12 months of inactivity on the Account, and after 12 months of inactivity on the Account, the Service Provider will send a notification to the e-mail address about the planned deletion of the Account within 14 days of sending the message. If the User Account is not active during this time, the Account will be deleted;
3. by the Service Provider, for reasons related to safety or compliance with the Terms and Conditions.

Listonic Web

Listonic Web contains Listonic functionalities and additionally the following functionalities:
1. Promotional leaflets to obtain information about current special offers of Retailers. The Gazetki promocyjne (Promotional leaflets) Service enables Users to view current special offers of all Retailers on Listonic or only those selected by the User. The User may read about current special offers included in the Promotional leaflet, add products to the Shopping List, get acquainted with the Retailer’s profile, browse through archival Promotional leaflets, and like the Retailer using Facebook or Google+ function keys;
2. Tips – banners displayed at the bottom of the Shopping list, featuring advice on products from the Shopping list, their storage, preparation for consumption, and important information when purchasing them.

Promotional leaflets and Tips are an integral part of Listonic Web.
Promotional leaflets include the Retailers’ commercial offer, which is an integral part of the Listonic Service.

Listonic App

Listonic App is an application available for mobile devices such as smartphones, tablets, with Listonic features modified for mobile application and with additional features not available in other versions of Listonic.
Shopping lists in Listonic App contain advertisements for products or services of other entities displayed, among others, as prompts in the product lists, advertising banners, which may be additionally equipped with a function button enabling adding a product to the shopping list. These advertisements are an integral part of the Listonic Service in a free version;
After logging in, Listonic App has additional functionalities, among others, after the User gives separate consent to access the application containing contacts in order to hint e-mail addresses when using the shopping list sharing feature, inviting to use the Listonic App or recommending the Listonic App.

Listonic App Premium

Listonic App Premium offers access to the Premium version of the Listonic App, which does not contain advertisements for other products or services.
Listonic App Premium subscription is available as the following options:
1. one time;
2. monthly;
3. annual.

The purchase and payment for Listonic App Premium is made through the application website chosen by the User (AppStore, Google Play, Windows Store, respectively). Any reservations or complaints regarding the purchase and payment of Listonic App Premium should be addressed to the application website chosen by the User.

Complaint procedure

Users have the right to lodge complaints regarding the performance of the Services.
A complaint may be any reservation or remark concerning the provision of Services.
Complaints should be submitted via e-mail to: [email protected] or in writing to the address of the Service Provider indicated in these Terms and Conditions.
The Service Provider considers the complaint within 14 days and replies to the e-mail address from which the complaint was sent, unless the User submitting the complaint indicated a different address, traditional or email, for the reply.
A complaint should contain all the information necessary for it to be considered. If it is necessary to obtain additional information in order to consider a complaint, the Service Provider shall contact the User submitting the complaint in order to supplement it.
A complaint may be lodged anonymously, i.e. without providing the User’s identity data, if it is not necessary to consider the complaint and reply to it.
A complaint considered in accordance with these Terms and Conditions shall not be subject to further consideration.

Final provisions

The Service Provider reserves the right to amend the Terms and Conditions for the following important reasons:
1. due to a change in the provisions of generally applicable law,
2. in order to fulfill an obligation resulting from a final court ruling or a decision of administrative bodies,
3. for security reasons, including those aimed at preventing the use of the Services in a manner contrary to the provisions of law or the Terms and Conditions,
4. significant changes in the functioning of the Websites and any of the Services, including those related to technical or technological progress, including the situation when the provision of new services begins, new functionalities are made available, or existing Services or functionalities that significantly affect the scope of the Services provided are discontinued.
Each amendment shall be announced and new Terms and Conditions shall be published on the website http://www.listonic.com/content/en/legal/; each User shall also be informed via email.
In the cases not described above, as well as in the case of commencing the provision of paid services or functionalities, the User shall inform the User by e-mail about the planned changes in the Terms of Use one month in advance. The Terms and Conditions shall be amended on the day of expiry of the one-month notice period specified in the previous sentence. A User who does not accept the new wording of the Terms and Conditions has the right to terminate the legal relationship between him/her and the Service Provider by ceasing to use the Services or by submitting a notice via the contact form at http://listonic.com/contact within one month of the new wording becoming effective: “I hereby declare that I do not agree to the change in the wording of the Terms and Conditions of the Websites and Services provided by Listonic sp. z o. o., therefore I dissolve the legal relationship between me and you as the Service Provider”. In such case, the legal relationship between the User and the Service Provider shall be terminated on the date of introduction of new provisions of the Terms and Conditions. After the date of termination of the legal relationship between the User and the Service Provider, the Service Provider is entitled and obliged to immediately remove the User’s Account.
All dealings with the Service Provider shall be carried out in the Polish language.
In matters not regulated by the Terms and Conditions, the provisions of generally applicable Polish law shall apply, in particular the Civil Code and the Act on the provision of digital services.
The Polish court is competent to settle disputes between the Service Provider and the User.
Irrespective of the above, the Service Provider declares its willingness to resolve disputes with Users out of court, including but not limited to the procedure provided for on the website www.uokik.gov.pl.
These Terms and Conditions are available at http://www.listonic.com/content/en/legal/.
These Terms and Conditions shall be effective as of May 25th 2018