TERMS OF SERVICE eCALL
IM’POSSIBLE LLC – Im’Possible is a limited liability company with the headquarters in Poznań, with the company’s registration files being held by the District Court for Poznań Nowe Miasto and Wilda, 8th Commercial Division, with the company registration number (KRS): KRS: 0000558433, NIP: 7822585125, REGON: 361534963 , e-mail address: email@example.com, being the administrator of the eCall Platform.
Customer Service Department – a designated organisational unit of the Seller, the purpose of which is contacting the Customer in order to negotiate the conditions of the service or any potential complaints. The Customer Service Department can be reached by e-mail:firstname.lastname@example.org
Workdays – weekdays from Monday to Friday, excluding all public holidays in the Republic of Poland.
Customer – a natural person aged 18 and above having full legal capacity, a legal entity or an organisational unit the specific regulations of which provide it with legal capacity who/which wants to call help or provide first aid via the eCall Platform. The Terms of Service may specify different categories of the Customers and scope of access to the functions of the eCall Platform for specific Customer categories.
Customer’s Account – a space on the eCall Platform available to the Customer after registration in the Registration process. Via the Customer’s Account the customer can introduce, manage, send and obtain the data in the structure of the eCall Platform. Using the Customer’s Account in the basic version is free. The services provided via the eCall Platform may be additionally payable. The Customer’s Account may occur in many different versions and therefore offer either additional or simplified functions.
eCall Platform – an online platform available thru mobile app on Google Play and App Store belonging to IM’POSSIBLE LLC via which the Customer can make an emergency call, receive first aid guide, automatically contact with contacts he/she choose and manage information helpful in conducting first aid in variable situations. eCall platform is fully capable to operate by deaf/mute persons in multi languages situations all over the world.
Terms of Service – this document regulating the terms and conditions of the usage and functioning of the eCall Platform, types and the scope of services provided via the eCall Platform, terms of the provision of these services, the rights and obligations of the Customers, the rights and obligations of IM’POSSIBLE LLC being the entity operating the eCall Platform and all potential attachments to this document mentioned in it, forming the integral part thereof.
- The website available at www.callforhelp.pl is run by IM’POSSIBLE LLC The website might also be reachable at other website addresses.
- The Customer can contact IM’POSSIBLE LLC via e-mail: email@example.com
- This Terms of Service document includes among others:
- The rules, types, and scope of the services provided in the electronic form via the eCall Platform;
- Conditions of the provision of services in the electronic form via the eCall Platform including: technical requirements necessary for cooperation with the ICT system used by IM’POSSIBLE LLC, and the prohibition for the to provide illegal content;
- Conditions of entering into and withdrawing from contracts regarding the provision of services in the electronic form via the eCall Platform;
- The complaint procedures.
- The Customer is obligated to follow this Terms of Service and the generally applicable legal regulations, in particular it is forbidden to post on the eCall Platform any illegal content, including a content encouraging racial, ethnic, religious discrimination, containing pornography, expressing support for fascism, Nazism, communism, promoting violence, offending the religious feelings of others, violating the personal rights of others, especially the copyright, etc.
- The Customer being a natural person by accepting this Terms of Service document declares being of legal age and having full legal capacity.
- The entity responsible for the contents of the Customer’s data is the Customer who input the data on the eCall Platform. The content of the Customer’s data is not verified by IM’POSSIBLE LLC. Customer data will be made available to other entities that the Customer indicates as persons who are to provide first aid to the Customer, especially national emergency dispatch.
- Before the Customer input the Customer’s data on the eCall Platform, which contain personal data, the Customer is obliged accept this Terms of Regulations for entrusting the processing of personal data, in accordance with the applicable provisions on the protection of personal data, in particular art. 28 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Regulation on Data Protection ). Without concluding such an acceptation, the Customer may not place Customer’s data on the eCall Platform, if such data contain personal data.
REGULATIONS, TYPES, AND SCOPE OF SERVICES PROVIDED IN THE ELECTRONIC FORM VIA THE ECALL PLATFORM
- Via the eCall Platform, IM’POSSIBLE LLC provides services by electronic means that enable the Customer to provides electronic services enabling the Customer to place Customer data on the eCall Platform in order to connect to the Emergency Notification Center, send information necessary for first aid by emergency services and other persons who can help the Customer.
- After adding the Customer’s data to the eCall platform in the Customer’s Account, they will be kept only on the Customer’s device. They can only be sent when the Customer calls for help to the Emergency Notification Center and other users of the eCall Platform nearby who agree to accept them and provide help (Rescuers). These data will be deleted from the Rescuers devices after the end of the rescue operation on the same day it occurred. They are not stored or processed by the eCall Platform in any form.
TECHNICAL REQUIREMENTS NECESSARY FOR OPERATING WITH THE COMPUTERISED SYSTEM ON THE ECALL PLATFORM
- In order to properly use the eCall Platform, at least the following technical requirements are necessary:
- connection to the Internet,
- having a device that allows the use of Internet resources with one of the two operating systems: iOS or Android, with the function of receiving SMS messages, GPS/GLONASS module.
ENTERING INTO, WITHDRAWING FROM AND TERMINATING THE CONTRACT REGARDING THE PROVISION OF SERVICES WITH IM’POSSIBLE LLC
- Using the eCall Platform means fully accepting these Terms of Service.
- The Customer accepts these Terms of Service by ticking the appropriate box during the Registration.
- A Customer who is a consumer as defined in article 221 of the Polish Civil Code, meaning a natural person performing a legal act with an entrepreneur that is not directly connected with the person’s economic or professional activity (further referred to as: “Consumer Customer”) who entered into a contract remotely, has the right to withdraw from in within 14 days after entering into this contract (in this case since the completion of the Registration) without providing any reason or incurring any additional costs.
- The right to withdraw discussed in sec. 4 of this paragraph, in accordance with article 38 (1) of the act of 30 May 2014 the Consumer Rights Act (further referred to as: the “Consumer Rights Act”) does not apply if IM’POSSIBLE LLC has already provided a complete service with a clear consent of the Consumer Customer, who has been informed before the start of the service provision that after it is completed by IM’POSSIBLE LLC the Consumer Customer loses the right to withdraw from the contract.
- IM’POSSIBLE LLC informs that in accordance with article 12 sec. 1 (12) of the Customer Rights Act after the completion of service provision by IM’POSSIBLE LLC, the Consumer Customer loses the right to withdraw from the contract.
- In order to exercise the right of withdrawal, the Client / Consumer should remove the eCall application from his device. The customer’s account is then automatically deleted.
- Deletion of the Customer Account does not release the Customer from paying the due fee for the services he ordered before requesting the removal of the Customer Account or terminating the contract.
- To register, install the eCall application and accept the regulations.
- By registering, the Customer starts to use the eCall Platform voluntarily and declares that the data provided by him in the data form relates to his person, is complete and true.
- By registering, the Customer declares that he has read the Regulations and agrees to its wording, he voluntarily starts using the eCall Platform, and the data contained in the application is true and does not infringe the rights of third parties.
- The Customer Account may exist in various versions and, depending on this, have additional or simplified functionalities.
- The registered customer has the right to change / delete his data provided in the application at any time.
- The Customer bears all responsibility in the event of providing or maintaining incomplete, out-of-date or false data.
- Im’Possible LLC is not responsible for damages related to the disclosure of their data by the Customer.
- Customer is not entitled to submit a complaint in matters related to the functioning of the eCall Platform, and also in the event that the services provided for in these Regulations are not provided by Im’Possible LLC or are implemented contrary to the provisions of the Regulations. The service is provided free of charge. If in the future any part of the service or a new service on the eCall Platform will be payable, then the Customer will have the right to make a complaint regarding paid services.
- Complaints should be submitted by sending an e-mail to the following e-mail address: firstname.lastname@example.org.
- The complaint should contain at least: e-mail, name and surname, as well as a detailed description of the objections and the reason for filing the complaint and the expected method of settling the matter.
- If the data or information provided in the complaint need to be supplemented, for the proper consideration of the Customer’s complaint, Im’Possible LLC before proceeding with the consideration of the complaint, it may ask the Customer submitting the complaint to supplement it within the indicated scope and time.
- Im’Possible LLC considers complaints within 14 days from the date of its receipt or within 14 days from the date the Customer completes the necessary data or documents. By submitting a complaint, the Customer agrees to receive a response to the complaint by Im’Possible LLC in the form of an e-mail.
- Im’Possible LCC reserves the right not to respond to the complaint if it is obviously unfounded, e.g. re-filing a complaint based on the same objection as the earlier one, not accepted by Im’Possible LLC complaint of a given customer. Complaints arising from the Customer’s failure to comply with the provisions of the Regulations will not be considered.
- Some services provided by IM’POSSIBLE LLC on the eCall Platform might entail additional charges. As of the date of approval of the Regulations, there are no such. The following provisions have been prepared based on the possible development of the application.
- Customer will be informed about the amount of the fee, before it is incurred, in the form of an order message with the obligation to pay, requiring the Customer’s approval. The price list of services provided via the eCall Platform is available at www.calforhelp.pl.Moreover, individual package pricing of services provided by Im’Possible LLC.
- For the execution of payments by electronic transfer via the electronic payment system, Im’Possible LLC uses external payment service providers. In order to make a payment, the Customer may be redirected to the website of the selected provider. Before making a payment, the Customer should read the terms and conditions of the provision of services by the payment provider and the content of the consents requested by him.
- The customer will receive a bill or invoice in electronic form sent to the e-mail address provided during Registration.
MANAGING THE PERSONAL DATA BY IM’POSSIBLE LLC
- The personal data of the Customer and other persons for whom services are provided are not processed by IM’POSSIBLE LLC
- All economic copyrights to the contents on the eCall Platform belong to IM’POSSIBLE LLC and are subject to legal protection.
- IM’POSSIBLE LLC explicitly stipulates that all the materials available on the eCall Platform (especially the graphics, texts, images) are protected, in particular under the act of 4 February 1994 on the copyright and the related rights. The Customer has the right to use them only for the allowed personal use. Copying, multiplication, distribution and other forms of using the materials from the eCall Platform beyond the legally permitted boundaries is strictly forbidden.
- The regulations of this paragraph do not apply to the Customer’s Document uploaded on the eCall Platform.
- In the case of Customers who are not Consumers, all disputes connected with this Terms of Service document will be resolved by the court of local jurisdiction for the headquarters of IM’POSSIBLE LLC.
- In the cases not regulated by this Terms of Service document provisions of the Civil Code, the bill from 30 May 2014 on the Consumer Rights, the bill from 18 July 2020 on the provisions of services by electronic means and other appropriate generally applicable legal regulations apply.
- If any of the regulations of this Terms of Service document turns out to be invalid, ineffective or unenforceable to any extend, it will not influence the validity of all the other regulations of this Terms of Service document.
- IM’POSSIBLE LLC reserves the right to change or update this Terms of Service document. All the changes and updates of this Terms of Service document will be visible on the ECall Platform at least 14 days before they begin to apply.
- If the Customer does not accept the new contents of this Terms of Service document, they have the right to terminate mobile app on his device.
This Terms of Service document applies as of February 1st 2021.