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TERMS AND CONDITIONS OF ELECTRONIC SERVICE PROVISION BY BENEFIT SYSTEMS S.A.

Table of Contents:

Article 1. General Provisions. Definitions

Article 2. User rights and obligations. Account registration

Article 3. Withdrawal from and termination of the Account Agreement

Article 4. Technical requirements. Particular risks of using services provided electronically

Article 5. Personal data

Article 6. Intellectual property rights

Article 7. Contact and complaints

Article 8. Liability

Article 9. Amendments to these Terms and Conditions

Article 10. Miscellaneous

Appendix No. 1 –Terms of use of the kartamultisport.pl website

Appendix No. 2 –Terms of use of the emultisport.pl website

Appendix No. 3 –Terms of use of the MultiSport mobile application

Appendix No. 4 – Model statement of withdrawal from the Account Agreement

Appendix No. 5 – Model statement of withdrawal from the MultiSport Card / MultiLife Product Use Agreement

Article 1. General Provisions. Definitions

  1. These Terms and Conditions have been drawn up to meet the obligation referred to in Article 8(1)(1) of the Act of 18 July 2002 on Provision of Services by Electronic Means. These Terms and Conditions lay down the rules for using:
  1. the kartamultisport.pl website, and
  2. the emultisport.pl website, and
  3. the MultiSport mobile application.
  1. Articles 1–10 of the Terms and Conditions set out common rules for the Websites and Applications listed in Section 1 above, while Appendices Nos. 1–3 to these Terms and Conditions specify detailed provisions regarding individual Websites and Applications:
  1. Appendix 1 – provisions relating to the kartamultisport.pl website, and
  2. Appendix 2 – provisions relating to the emultisport.pl website, and
  3. Appendix No. 3 – provisions relating to the MultiSport mobile application.

In the event of any difference between the provisions of Articles 1–10 of the Terms and Conditions and the Appendix, the provisions of the Appendix shall prevail.

  1. The User shall be bound by the provisions of the Terms and Conditions (including Appendices Nos. 1–3, where applicable) that apply to the Website or Application used by the User (e.g. if the User does not use the emultisport.pl website, the provisions of the Terms and Conditions relating to the emultipsort.pl website will not be binding on that User).
  2. The Terms and Conditions are available in the appropriate tab on the Website or in the Application, specified in Section 1 above, the User may display and record the content of the Terms and Conditions in any technically feasible way.
  3. The following capitalised terms used in these Terms and Conditions shall have the following meaning:
  1. MultiSport Application, Application – a set of services and functions available to the User as part of the MultiSport mobile application owned by Benefit to e.g. confirm the User’s right to avail of the Facility's services (using a Mobile Card, without the need to present the plastic version of the Card with a chip), verify the User's identity and use the services available in the Application as part of the MultiLife Programme.
  2. Benefit, Benefit Systems – Benefit Systems S.A., with its registered office in Warsaw, at the following address: Plac Europejski 2, 00-844 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register (KRS), with the KRS Number: 0000370919, Tax Identification Number (NIP): 836-16-76-510, Business Statistical Number (REGON): 750721670, e-mail: bok@benefitsystems.pl.
  3. Password – a string of letters, numbers or other characters used to secure access to the Account of given User. The password must meet the following criteria: have at least 8 characters, including one capital letter, one lower case letter, one digit and one special character (e.g. !, $, &).
  4. MultiSport Card, Card – a personal card issued by Benefit Systems, which entitles the User to use the MultiSport Programme services available for a specific Card type. The Card may be in the traditional format of a plastic chip card bearing the User’s signature, or in the electronic format of a digital record in the Application, hereinafter referred to as the “Mobile Card”. The rules for using the Card are laid down in separate “Terms and Conditions for the use of cards under the MultiSport Programme” available on the kartamultisport.pl website.
  5. Customer – an entity which has enabled the User to use the MultiSport Programme or the MultiLife Programme (in the case of Employee Users, a Customer will typically be the User’s employer, and in the case of Users who are Additional Persons, a Customer will typically be the Employer of the Employee User).
  6. Account – an individual User account maintained for the User by Benefit, following User Registration. The Account enables the User to use all the functionalities of the Websites and Applications available to that User.
  7. Login – individual identification of the User which together with the Password is required for using the Account. The login is the User's e-mail address provided by the User during the Registration.
  8. Mobile Card – a MultiSport Card in the form of an electronic record in the Application.
  9. Additional Person – a User who is not an Employee.
  10. Partner – an entity providing Users with services under an agreement with Benefit as part of the MultiSport Programme or the MultiLife Programme.
  11. Platform, eMultiSport Platform – a website available at emultisport.pl intended for the administration of the MultiSport Programme and the MultiLife Programme. The User will have access to the eMultiSport Platform only if the Customer has allowed the User to use this Platform.
  12. Employee – a natural person who is an employee of the Customer under a contract of employment or one who collaborates with the Customer under a contract of mandate, task-specific contract, cooperation agreement, service contract or on a different legal basis.
  13. Product – the MultiSport Card or the MultiLife Product, respectively.
  14. MultiLife Product – a personal product issued by Benefit Systems, which entitles the User to use the services specified in the MultiLife Programme, which are available for the MultiLife Product. The MultiLife Product is issued only in the form of an electronic record (i.e. the MultiLife Product number). The rules for using the MultiLife Product are laid down in separate “Terms and Conditions for the use of the Product under the MultiLife Programme” available on the kartamultisport.pl website.
  15. Programme the MultiSport Programme or the MultiLife Programme, respectively.
  16. MultiLife Programme – a programme comprising a selection of wellbeing services customized by Benefit Systems for the Customer and provided to the Users. The User may participate in the MultiLife Programme only if the Customer has allowed the User to use the MultiLife Programme. The detailed scope of services available for the MultiLife Product is specified at benefitsystems.pl or kartamultisport.pl.
  17. MultiSport Programme – a programme comprising a selection of sports and recreation services customized by Benefit Systems for the Customer and provided to the Users. The User may participate in the MultiSport Programme only if the Customer has allowed the User to use the MultiSport Programme. The detailed scope of services available for individual Cards is specified at benefitsystems.pl or kartamultisport.pl.
  18. Terms and Conditions – these terms and conditions, together with all appendices, which are integral parts hereof.
  19. Registration – an activity performed in the manner specified in the Terms and Conditions, a prerequisite for the User to use all the functionalities of the Websites and Applications available to that User, including the Account; the Registration constitutes conclusion of the Account Agreement.
  20. User Zone – a website available at kartamultisport.pl, constituting a set of services and functions available to the user of the MultiSport Card or the MultiLife Product after registering and logging into the User Zone, and a collection of User data and settings related to the functioning of the services after logging in. In relation to the user of the MultiSport Card, the User Zone shall be referred to as the MultiSport Zone, and in relation to the user of the MultiLife Product – as the MultiLife Zone.
  21. Website – the website available at kartamultisport.pl or emultisport.pl, respectively, jointly referred to as the Websites.
  22. Account Agreement – means a free-of-charge agreement of services provided electronically, which is concluded between the User and Benefit for an indefinite period of time, the object of which is to maintain the Account for the User.
  23. User – any person using the Website on terms specified in these Terms and Conditions.

Article 2. User rights and obligations. Account registration

  1. The kartamultisport.pl Website or the Application is available both to registered and unregistered Users. The emultisport.pl Website may only be used by registered Employee Users, and only on condition that the Customer has enabled them to use the Platform.
  2. Only a User who is over 13 years of age and has at least a limited legal capacity may register an Account on the Website or in the Application.
  3. If the User is a minor under the age of 13, Registration on the Website or in the Application shall be performed on their behalf by their parent or legal guardian.
  4. The User may have one Account only.
  5. For the purpose of the Registration, the User shall provide the data indicated in the registration form and accept the Terms and Conditions. Next, a Registration confirmation and an activation link will be sent to the User's e-mail address provided during the Registration. The User should click on the activation link to activate the Account. Once the Registration is confirmed, the Account Agreement is concluded.
  6. The Registration or logging in are also possible via external authentication services provided when selecting the Registration or login method (e.g. Apple, Facebook). For the purpose of the Registration or logging in via an external authentication service, the User must have an account with the provider of that service. Logging in via an external authentication service is possible only after prior Registration through that service.
  7. The User's Account on the Websites and in the Application is integrated in that the Registration on one Website or in the Application allows the User to use other Websites and Applications after logging in, without having to re-register (provided that the Customer has enabled the User to access that Website or Application). In particular:
    1. in the case of Registration on the Website – the User logs in to other Websites and Applications using the Login and Password set on the Website;
    2. in the case of Registration in the Application – the User logs in to other Websites using the Login and Password set in the Application;
    3. if the User’s Account is removed from the Website, the User’s Account will also be removed from other Websites and Applications;
    4. if the User’s Account is removed from the Application, the User’s Account will also be removed from Websites.
  8. The Account Registration and use are voluntary.
  9. Each User shall use the Website and the Application only for their own use and in a manner consistent with these Terms and Conditions, the law and standards of public decency.
  10. The User shall protect the Account data (Login and Password, and Product number) against unauthorised access. In particular, the User shall make every effort to maintain confidentiality of the Password and not to disclose it to any third party. The User shall immediately notify Benefit, in the manner specified in Article 7 below, of any violation of their rights to the Password or the Product number, as well as of any breach of the rules set out in these Terms and Conditions. In that case, the User should change the Password immediately, using the appropriate functionalities within their Account.
  11. In particular, the following shall be forbidden:
  1. providing illegal content and the use of the Website or Application by the User in a manner inconsistent with the Terms and Conditions, law or standards of public decency, or in contravention of personal rights of third parties as well as the rights and interests of Benefit;
  2. modifying the Website or the Application;
  3. posting on the Website or in the Application or disseminating malicious software (including viruses and trojans) or other mechanisms that might disrupt the operation of the Website or Application or whose operation is inconsistent with the Terms and Conditions;
  4. impersonating other people, providing false personal data or otherwise misleading as to the User’s identity;
  5. providing third parties with login details to their Account.
  1. If it is found that the User uses the Website or Application in a manner inconsistent with applicable law or the Terms and Conditions, in particular, if the User performs any actions described in Sections 9–11 above, in particular, if the User compromises the security features of the Website or Application or engages in other hacking activities, Benefit may block their Account with immediate effect. Benefit shall immediately notify the User of Account blocking, giving a rationale for that decision. The notification shall be sent to the User’s e-mail address provided during the Registration. Benefit may set a deadline for the User to reinstate compliance with law and these Terms and Conditions, and if the User adheres, Benefit may unblock the Account.
  2. Benefit may display to Users on the Website and in the Application information on products and services available to Product holders, including information on Benefit’s own products and services as well as the products and services of Benefit’s counterparties who offer additional benefits to the Product holders (such as dietitian services, trainer services, medical and insurance services, as well as education and development services) in forms typically used online.
  3. If the User agrees, they may receive push notifications via the Website, i.e. short messages displayed directly on the Website at the time the User uses the Website. The push messages may include administrative messages (such as information on a response to the User’s report, amendments to these Terms and Conditions, etc.), or information on products and services available to Product holders, including information on Benefit’s own products and services as well as the products and services of Benefit’s counterparties who offer additional benefits to the Product holders (such as dietitian services, trainer services, medical and insurance services, as well as education and development services). The User may switch off or configure the push messages in their browser settings.

Article 3. Withdrawal from and termination of the Account Agreement

  1. [withdrawal from the Account Agreement] The User has the right to withdraw from the Account Agreement without giving any reason within 14 days from the date of the signing of the Account Agreement. To use the right of withdrawal, the User shall inform Benefit of their decision by an unequivocal statement (e.g. by a letter sent by post, fax or e-mail) to the following contact details: Benefit Systems S.A., Plac Europejski 2, 00-844 Warsaw, address: bok@benefitsystems.pl, phone no. (22) 242 42 42. For this purpose, the User may (but does not have to) use the form whose template is given in Appendix No. 4 to the Terms and Conditions. As a result of withdrawing from the Account Agreement, Benefit shall remove the Account from the Websites and Applications. To meet the deadline for withdrawal from the Account Agreement, it is enough for the User to give notice of exercise of their right of withdrawal before expiry of the deadline for withdrawal from the agreement.
  2. [termination of the Account Agreement] The User may terminate the Account Agreement at any time and without giving reasons. To use this right, the User shall inform Benefit of their decision to the following contact details: Benefit Systems S.A., Plac Europejski 2, 00-844 Warsaw, address: bok@benefitsystems.pl, phone no. (22) 242 42 42. As a result of termination of the Account Agreement, Benefit shall remove the Account from the Websites and Applications immediately, but in any case within 14 days from the date of the termination.
  3. Withdrawal from or termination by the User of the Account Agreement shall not be tantamount to the User's opting out of participation in the MultiSport Programme (i.e. the MultiSport Card) or the MultiLife Programme (i.e. the MultiLife Product). The User shall have the right to opt out of participation in the MultiSport Programme or the MultiLife Programme at any time on the terms laid down in the agreement with the Customer. In order to opt out of the MultiSport Programme or the MultiLife Programme, the User may contact the Customer or Benefit in the manner specified in Article 7 below or, if the User has access to the eMultiSport Platform, they may submit their opt-out decision via that Platform.
  4. In all matters related to Benefit’s processing of the User's personal data and the exercise of the User’s rights under the GDPR, the User may contact Benefit using the following contact details: Benefit Systems S.A., Plac Europejski 2, 00-844 Warsaw, address: daneosobowe@benefitsystems.pl, phone no. (22) 242 42 42, via the contact form available at: https://www.benefitsystems.pl/formularz-dane-osobowe/. The data protection officer can be contacted by e-mail at iod@benefitsystems.pl, and in writing to the following address: Benefit Systems S.A., Pl. Europejski 2, 00-844 Warsaw, in an envelope marked “IOD” [“data protection officer”].
  5. Benefit is entitled to terminate the Account Agreement with a 14-day notice period (by sending the notice to the User via e-mail) for important reasons, i.e. in the event of the following circumstances:
  1. the expiry of an uninterrupted period of at least 18 months from when the User does not have the Product;
  2. the Customer’s decision to withdraw the User’s rights to use the MultiSport Programme or the MultiLife Programme;
  3. User's death;
  4. serious breach by the User of the Terms and Conditions, i.e. where the User (a closed catalogue) breaches the provisions of Article 2(1)–(6) and Article 2(9)–(11) of the Terms and Conditions.

As a result of the termination of the Account Agreement, Benefit shall remove the Account from the Websites and Applications within 14 days from the date of the termination.

Article 4. Technical requirements. Particular risks of using services provided electronically

  1. Benefit shall ensure that Users can use the Website via the Internet using all popular internet browsers, operating systems, computer types and Internet connection types. Benefit does not guarantee and will not be responsible for ensuring that any configuration option of electronic equipment held by the User will enable the use of the Website. The minimum technical requirements for using the Website, subject to the previous sentence, are as follows:
    1. a computer or another electronic device with at least 2 Mb/s in Internet bandwidth;
    2. operating system: Windows 7 or higher, Mac OS X 10.7 or higher, Ubuntu 10 or higher,
    3. equipped with the latest version of the web browser: Google Chrome, Firefox, Microsoft Edge, Safari or Opera, which will support cookies and JavaScript.
  2. Benefit hereby represents that the public nature of the Internet and the use of services provided by electronic means may involve the risk of unauthorised interception or modification of User data, therefore, Users should use appropriate technical measures to minimise such risks. In particular, Participants should use anti-virus software and software protecting the identity of Internet users.
  3. Benefit applies technical and organisational measures corresponding to the level of risk, including measures to prevent unauthorized interception and modification of personal data sent on the Internet, in order to ensure security of messages and data transferred over the Website. Benefit ensures secure transmission of data transmitted via the Website through the use of HTTPS protocol and signing data from the User's device with SSL certificate.
  4. Primary potential risks of using the Internet include:
  1. malware;
  2. various types of applications or scripts which are harmful, criminal or malicious towards the network user IT system, such as viruses, worms, trojans, keyloggers, dialers;
  3. spyware;
  4. software that tracks the User’s activities, collecting information about the User and sending it, without the User's knowledge or consent, to the author of the software;
  5. spam;
  6. unwanted and unsolicited electronic messages distributed concurrently to multiple users, often of advertising nature;
  7. wrongful eliciting of confidential personal information (such as passwords) by pretending to be a respectable person or institution (phishing);
  8. attack on the User's IT system using such hacking tools as e.g. exploit rootkits.
  1. Protection against risks associated with the User’s use of the services provided electronically is also afforded by:
  1. active firewall;
  2. updating of any type of software;
  3. not opening electronic mail attachments from unknown sources;
  4. reading installation windows of applications, and their licensing terms;
  5. deactivating macros in MS Office files of unknown origin;
  6. regular comprehensive scans of the system by anti-virus and anti-malware software;
  7. data transmission encryption;
  8. installation of prevention software (attack detection and prevention);
  9. using the original system and applications from legal sources.
  1. Detailed provisions concerning technical requirements and risks related to the use of services provided by electronic means relating to the Application are specified in Appendix No. 3 –Terms of use of the MultiSport mobile application.

Article 5. Personal data

  1. Benefit is the Controller of the User's personal data.
  2. Detailed information on the processing of personal data is available at https://www.kartamultisport.pl/obowiazek-informacyjny

Article 6. Intellectual property rights

  1. Intellectual property rights to the Website and Application and any content constituting the Website or Application or available on them, such as: texts, artwork, logotypes, icons, images, photos, audio files, video files, data files, presentations, computer programs, navigation solutions, the selection and layout of the content presented on the Website or Application, and any other data, are protected by intellectual property rights (copyright, trademark protection rights or other exclusive rights) owned by Benefit or entities with whom Benefit has an agreement in place on the use of the Content to run the Website and Application. No part of the Website or Application, or the content disseminated on the Website or Application, may be recorded, reproduced, distributed in any form and in any way, or may be traded without the prior written consent of Benefit.
  2. By using the Website and the Application the User shall not obtain any intellectual property rights, in particular copyrights to the Website or Application, or any part thereof. Once the User has accepted these Terms and Conditions, Benefit shall allow the User to use the Website or Application in accordance with respective functionalities made available to the User and these Terms and Conditions, without any geographical restrictions, in the scope of permitted personal use.

Article 7. Contact and complaints

  1. The User may contact Benefit: by letter sent to the address of Benefit Systems S.A., Plac Europejski 2, 00-844, Warsaw, in an envelope marked “infolinia – serwis kartamultisport.pl” [“helpline – infolinia – kartamultisport.pl sevice”] or by e-mail to: bok@benefitsystems.pl or by calling the helpline number at (22) 242 42 42. The call will be charged at the operator’s rate applicable to domestic calls.
  2. The User may submit complaints related to the use of the Website, Application, MultiSport Programme or MultiLife Programme, at the complainant’s choice: by letter sent to Benefit’s address: Plac Europejski 2, 00-844 Warsaw, in an envelope marked “Reklamacja” [“Complaint”] or by e-mail to: reklamacje@benefitsystems.pl, specifying “Reklamacja” [“Complaint”] in the e-mail title.
  3. The complaint should contain the complainant’s identity details (name and surname, Login, Product number), the exact correspondence address or e-mail address for responding to the complaint as well as the reason for the complaint and the content of the demand.
  4. A response to the complaint will be provided within 14 days from the date of receipt of the complaint by Benefit. If the complaint does not contain the information necessary for its consideration, Benefit shall ask the complainant to supplement it to the necessary extent. In that case, the 14-day period will run from the date of submission of the supplemented complaint.
  5. The response to the complaint is provided in writing or by e-mail, depending on how the complaint was filed, to the address provided in the complaint.
  6. Complaints shall be considered in accordance with these Terms and Conditions and the provisions of law generally applicable in Poland.

Article 8. Liability

  1. Benefit shall have the right to interrupt or otherwise restrict the electronic service and provision of the Website or Application, if this is attributable to:
  1. modification, modernisation, extension or maintenance of the ICT system or Benefit software, subject to prior notice given to Users by a message posted on the Website or in the Application;
  2. reasons beyond Benefit’s control (force majeure, acts or omissions by third parties).
  1. The pages of the Website or the Application may contain links to sites that will allow the Users to use websites or electronic services made available or provided by Partners. Users shall use those Partners’ websites and electronic services on their own responsibility. Furthermore, the Terms and Conditions shall not apply to the websites and electronic services made available or provided by Partners. In such case, terms and conditions defined separately by the Partners shall apply.
  2. Benefit shall not be liable to the Users for:

1)      failure in performance of or difficulties in using the Website or Application resulting from reasons attributable to the User;

2)      the loss of the Password by the User or third parties learning the Password (regardless of the method used). However, Benefit shall be liable if the User’s loss of the Password or its disclosure to a third party occurred for reasons attributable to Benefit;

3)      damage caused by actions or omissions by the User, in particular for using the Website or Application in a manner inconsistent with applicable law or the Terms and Conditions.

  1. Users may use the services available as part of the Website and Application to the extent permitted by their health and fitness level.

Article 9. Amendments to these Terms and Conditions

  1. For important reasons, Benefit may make amendments to the Terms and Conditions. The Terms and Conditions may be amended for the following important causes:
    1. change of existing services, introduction of new services or discontinuation of some product or services by Benefit;
    2. change to service provision methods;
    3. brand change;
    4. change necessitated by changes to any mandatory provisions of law or their interpretation;
    5. change necessitated by administrative decisions or a court ruling or another similar act (e.g. guidelines of competent bodies of public administration);
    6. technical change related to the functioning of the Website or Application, including a change or extension of the functionality of the Website or Application;
    7. change motivated by an improvement in the quality of service provision or enhancement of Users safety;
    8. prevention of violations of the Terms and Conditions or stopping their abuse;
    9. elimination of uncertainties or interpretation doubts concerning the Terms and Conditions;
    10. introduction by Benefit of organisational or technological changes, including changes concerning the rules of serving Users, which affect the manner in which Users are served.
  2. Each User shall be informed about the content of amendments to the Terms and Conditions by a notice sent to the User's e-mail address or additionally by a notice posted on the Website or in the Application. The content of the current Terms and Conditions is available at all times in the relevant tab of the Website or Application.
  3. Amendments to these Terms and Conditions will take effect on the date specified in the change notice, but not earlier than 14 days after notification of the change. If the User does not accept the amendments, they may terminate the Account Agreement (as referred to in Article 3(2) of the Terms and Conditions).

Article 10. Miscellaneous

  1. Any disputes relating to these Terms and Conditions shall be resolved in accordance with Polish law. The disputes shall be settled by a competent common court for the territory in question.
  2. Benefit informs Users about the possibility of using extrajudicial methods of resolving complaints and settling claims. The rules of access to such procedures are available at the offices or on the websites of entities authorised to deliver extrajudicial dispute resolution. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection Service, the list of which is available on the website of the Office of Competition and Consumer Protection. Benefit informs that an online platform for resolving consumer-trader disputes at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/. Benefit shall not resort to out-of-court resolution of consumer disputes as referred to in the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes.
  3. These Terms and Conditions do not restrict or waive any User rights inuring to them under unconditionally applicable laws.
  4. Provisions of the generally applicable Polish law shall apply to matters not regulated by these Terms and Conditions.
  5. These Terms and Conditions shall apply as of 11 April 2021.

Appendix No. 1

Terms of use of the kartamultisport.pl website

  1. For unregistered Users, the User Zone allows them to search for Facilities and view selected content, including information about the MultiSport Programme and the MultiLife Programme, and the FAQ.
  2. Access to services in the User Zone shall only be provided to registered and logged-in Users who hold an active MultiSport Card or an active MultiLife Product.
  3. Access to services within the User Zone is free of charge for Users who have an active MultiSport Card, and may be payable for Users who have an active MultiLife Product, in the fee amount and on the terms specified in the agreement with the Customer. In addition, the User shall cover the cost of data transmission required to start and use the User Zone, as charged by the User’s telecommunications operator.
  4. The User shall be able to use the following features in the User Zone:
      1. sports facility finder;
      2. User's account;
      3. services available under the MultiSport Programme for logged in Users who have an active MultiSport Card; the current scope of services for a given Card type is available at www.benefitsystems.pl or kartamultisport.pl;
      4. services available under the MultiLife Programme for logged in Users who have an active MultiLife Product; the current scope of services is available at www.benefitsystems.pl or kartamultisport.pl;
      5. other services described in the User Zone shall only be available to logged in Users who hold an active MultiSport Card or an active MultiLife Product.
  5. Benefit may allow Users to use other services than those specified in Section 4 above, and which are described in the User Zone, or upon acceptance of separate terms and conditions governing a given service.
  6. When searching for a Facility, the User Zone uses the geolocation feature. The geolocation feature is disabled by default. The User may manually enable geolocation by granting consent to save the location of their device. Geolocation is not necessary for using the Facility search engine.

Appendix No. 2

Terms of use of the emultisport.pl website

Article 1. Definitions General provisions

1. The following capitalised terms used in these Terms and Conditions shall have the following meaning:

  1. Paying Agent – means the entity handling the Payment process.
  2. Working Days – means days of the week from Monday to Friday, excluding public holidays.
  3. Delivery – means an act in fact of delivery of the Product/ Products to the Programme User through the Customer. In the case of the MultiLife Product, the Delivery takes place by the Operator sending the MultiLife Product number to the Programme User's e-mail address provided when ordering the MultiLife Product.
  4. Operator – means Benefit Systems.
  5. Payment – means payment of amounts due for Programme User's participation in the MultiSport Programme or the MultiLife Programme under the Product Use Agreement.
  6. Terms of Use of the MultiLife Product – means the rules for using the MultiLife Product set out in separate “Terms and Conditions for the use of the Product under the MultiLife Programme” available on the kartamultisport.pl Website.
  7. Terms of Use of MultiSport Cards – means the rules for using the MultiSport Card set out in separate “Terms and Conditions for the use of cards under the MultiSport Programme” available on the kartamultisport.pl Website.
  8. Product Use Agreement – means an agreement for the provision of services under the MultiSport Programme or the MultiLife Program concluded between the Ordering Party and the Operator electronically using the Account, on the terms set out in the Terms and Conditions, based on which the Operator provides the Programme User with the service of participation in the MultiSport Programme or the MultiLife Programme, and delivers the ordered MultiSport Cards or MultiLife Products that entitle the User to use the services specified in the MultiSport Programme or the MultiLife Programme, respectively, and the Ordering Party, when making the Payment, finances or co-finances the cost of participation in the Programme. The Ordering Party may conclude the Product Use Agreement only if the Customer has made it possible under the Master Agreement,
  9. Master Agreement – means an agreement for the provision of services concluded between the Customer and the Operator, specifying the rules of participation in the MultiSport Programme or the MultiLife Programme by Programme Users and the deadline for submitting orders for Products (MultiSport Cards or MultiLife Products), the period for which Products can be ordered, the number of Products of a given type available to the Ordering Party, and the possible scope of financing or co-financing the cost of the Products by the Ordering Party.
  10. Platform User – means, jointly, the Ordering Party and the Administrator.
  11. Programme User – means a natural person using the MultiSport Programme or the MultiLife Programme.
  12. Ordering Party – means an Employee with full legal capacity who uses the Platform.
  13. Product Order – means an act in fact performed by the Ordering Party using the Account, resulting in an obligation being imposed on the Operator to provide the Programme User with the service of participation in the MultiSport Programme or the MultiLife Programme and to deliver the ordered Products (MultiSport Cards or MultiLife Products) or to activate them, entitling the User to use services specified in the Programme. The Ordering Party may submit Product Orders only if the Customer has made it possible under the Master Agreement.
  14. Administrator – means an Employee using the Platform on behalf of the Customer and authorised by the Customer to perform activities related to the administration of the MultiSport Programme or the MultiLife Programme via the Platform to the extent and on the terms specified in the Master Agreement.
    1. 2. Due to the fact that the use of the Programme is based on the Master Agreement, prior to the first use of the Platform or Programme the Platform User shall obtain information from their employer or principal (Customer) about the scope and method of using the Platform or the Programme. The Operator uses the Platform to provide Platform Users with information on detailed terms of use of the Platform and the Programme, including the available MultiSport Cards or the MultiLife Product. The current scope of services available for individual MultiSport Cards and the MultiLife Product is specified at www.benefitsystems.pl or kartamultisport.pl. Any changes in the method of using the Programme by a specified Platform User shall be made by the Operator at the Customer's request only.

Article 2. Registration. Using the Account

  1. The Ordering Party shall complete the Registration in the manner described in Article 2 of the Terms and Conditions, unless the Master Agreement provides otherwise.
  2. The Administrator shall complete the Registration as follows: The Operator creates an Administrator Account using the Administrator's details provided in the Master Agreement. Then the Operator sends the Account set-up confirmation and the activation link to the Administrator. The Administrator should click the activation link to confirm the Registration, accept the Terms and Conditions, and set a Password. Once the Registration is confirmed, the Account Agreement is concluded.
  3. The Master Agreement may provide for another method of Registration, of which the Platform User will be informed by the Operator or the Customer.
  4. The Ordering Party may use the following functionalities as part of the Platform: concluding Product Use Agreements or making Product Orders, ordering a duplicate Product, activating and deactivating the Product, other functionalities described on the Platform; the scope of the functionalities available to the Ordering Party is set out in the Master Agreement.
  5. The Administrator may use the following functionalities as part of the Platform: features that enable the performance of activities related to the administration of the MultiSport Programme or the MultiLife Programme via the Platform (e.g. ordering a Product, ordering a duplicate Product, Product activation and deactivation, other functionalities described on the Platform); the scope of the functionalities available to the Ordering Party is set out in the Master Agreement.
  6. In the event of termination of the Master Agreement by the Operator or the Customer, Benefit will block access to the Platform for the Platform Users from that Customer as of the date of termination of the Master Agreement. The Platform Users will retain their respective Accounts and will be able to use other Websites and Applications.
  7. If based on the Customer's decision, the Platform User has been deprived of the right to use the Platform or the MultiSport Programme or the MultiLife Programme, Benefit shall block that Platform User’s access to the Platform as of the date indicated by the Customer. The Platform User will retain their Account and will be able to use other Websites and Applications.
  8. If the Customer discontinues the payments provided for in the Master Agreement, the Operator shall have the right block access to the Platform for the Platform Users from that Customer. After the outstanding amounts are paid, access will be restored.

 

Article 3. Ordering a Product (if the Program is fully financed by the Customer)

        1. The Ordering Party, whose cost of participation in the MultiSport Programme or the MultiLife Programme is fully financed by the Customer, shall place a Product Order in order to be able to use the services provided under the Programme. The scope of services available to the Ordering Party results from the Master Agreement between the Customer and the Operator, which in particular lays down the rules of participation in the MultiSport Programme or the MultiLife Programme, the rules for and method of ordering MultiSport Cards or the MultiLife Product, the validity period of MultiSport Cards or the MultiLife Product, and the number of MultiSport Cards of a given type or MultiLife Product available to the Programme User.
        2. In order to place a Product Order, the Ordering Party shall select the Product (the MultiSport Card or MultiLife Product) and grant consent to the processing of their personal data in order to use the services in connection with the MultiSport Programme or MultiLife Programme, respectively, and shall accept the Terms of Use of MultiSport Cards or the Terms of Use of the MultiLife Product, depending on which Programme they wish to sign up for.
        3. In order to place a Product Order for an Additional Person, the Ordering Party shall select a Product (MultiSport Card or MultiLife Product) and specify the e-mail address of the Additional Person to which the Operator will send information about the Product order so that the Additional Person can complete the required data and grant consent to the processing of personal data in order to use the services in connection with the MultiSport Programme or MultiLife Programme, respectively, and accept the Terms of Use of MultiSport Cards or the Terms of Use of the MultiLife Product, depending on which Programme the Ordering Party wishes the Additional Person to be signed up for. The Additional Person will receive, at the indicated e-mail address, a notice requesting that the Additional Person fills out the data and grants consent to the processing of personal data in order to use the services in connection with the MultiSport Programme or MultiLife Programme, respectively and that the Additional Person accepts the Terms of Use of MultiSport Cards or the Terms of Use of the MultiLife Product respectively. Granting of the consents mentioned above is necessary to receive the Product. The Ordering Party will receive information from the Operator regarding the need for the Additional Person to provide additional data and relevant consents. If the Additional Person is a minor, the consent to the processing of personal data and to the approval of Terms of Use of MultiSport Cards or Terms of Use of a MultiLife Product is granted by the parent or legal guardian of the minor.
        4. In the Master Agreement, the Operator and the Customer may agree on a different Order submission process than that described in Section 2 and 3 above (e.g. the Operator may make it possible for the Ordering Party to attach a scanned copy of a statement signed by the Additional Person, or a parent or a legal guardian of the Additional Person, if the Additional Person is a minor, consenting to the processing of personal data in order to use the services in connection with the MultiSport Programme or MultiLife Programme, respectively; alternatively, the relevant consents from Additional Persons will be collected and retained by the Customer in paper form).
        5. Immediately after the Ordering Party has submitted the Product Order, an automatic message will be e-mailed to their e-mail address confirming acceptance of the Product Order. The confirmation will also be available in the appropriate tab on the Ordering Party's Account. The confirmation will include the following information: Product type (MultiSport Card or MultiLife Product), the date from which the Product will be active and, if applicable, the period for which the Product is ordered.
        6. After the Ordering Party has submitted the Product Order, the Operator delivers the Product/Products in the manner and within the time frame specified in the Master Agreement.
        7. The above provisions shall be without prejudice to the Ordering Party’s option to order the Product for themselves without making a payment in accordance with this Article or ordering the Product for an Additional Person with a payment obligation in accordance with Article 4 of this Appendix No. 3 to the Terms and Conditions (Product Use Agreement). In such a situation, the provisions of Article 4 below shall apply to the order of Products for the Additional Person.

Article 4. Product Use Agreement (where the Programme is financed or co-financed by the Ordering Party)

        1.  The Ordering Party who finances or co-finances the cost of participation in the MultiSport Programme or the MultiLife Programme (for themselves or an Additional Person) shall conclude the Product Use Agreement in order to use the services provided under the Programme.
        2. Information on the detailed rules for using the Programme, in particular Payment amounts and dates, is made available to the Ordering Party on the Platform in a way that allows the Ordering Party to read the content of those rules before proceeding to the signing of the Product Use Agreement referred to in the following sections.
        3. The Product Use Agreement shall be signed for an indefinite period and may be terminated by a notice, with the notice period ending at the end of the calendar month in which the termination notice was given, unless otherwise stated in the Master Agreement.
        4. In order to conclude the Product Use Agreement for themselves, the Ordering Party shall select the Product (the MultiSport Card or MultiLife Product) and grant consent to the processing of their personal data in order to use the services in connection with the MultiSport Programme or MultiLife Programme, respectively, and shall accept the Terms of Use of MultiSport Cards or the Terms of Use of the MultiLife Product, depending on which Programme they wish to sign up for.
        5. In order to conclude the Product Use Agreement for an Additional Person, the Ordering Party shall select a Product (MultiSport Card or MultiLife Product) and specify the e-mail address of the Additional Person to which the Operator will send information about the Product order so that the Additional Person can complete the required data and grant consent to the processing of personal data in order to use the services in connection with the MultiSport Programme or MultiLife Programme, respectively, and accept the Terms of Use of MultiSport Cards or the Terms of Use of the MultiLife Product, depending on which Programme the Ordering Party wishes the Additional Person to be signed up for. The Additional Person will receive, at the indicated e-mail address, a notice requesting that the Additional Person fills out the data and grants consent to the processing of personal data in order to use the services in connection with the MultiSport Programme or MultiLife Programme, respectively and that the Additional Person accepts the Terms of Use of MultiSport Cards or the Terms of Use of the MultiLife Product respectively. Granting of the consents mentioned above is necessary to receive the Product. The Ordering Party will receive information from the Operator regarding the need for the Additional Person to provide additional data and relevant consents. If the Additional Person is a minor, the consent to the processing of personal data and to the approval of Terms of Use of MultiSport Cards or Terms of Use of a MultiLife Product is granted by the parent or legal guardian of the minor.
        6. In the Master Agreement, the Operator and the Customer may agree on a different process of concluding the Product Use Agreement than that described in Sections 4 and 5 above (e.g. the Operator may make it possible for the Ordering Party to attach a scanned copy of a statement signed by the Additional Person, or a parent or a legal guardian of the Additional Person, if the Additional Person is a minor, consenting to the processing of personal data in order to use the services in connection with the MultiSport Programme or MultiLife Programme, respectively; alternatively, the relevant consents from Additional Persons will be collected and retained by the Customer in paper form).
        7. The Ordering Party selects a relevant option on the Platform to indicate whether the use of the services specified in the Programme is to begin before the deadline for withdrawing from the Product Use Agreement.
        8. Then, the Ordering Party selects “Payment” or an equivalent instruction in the appropriate tab on the Platform. Selecting “Payment” or an equivalent instruction means that an offer is placed with the Operator for entering into a Product Use Agreement. The offer is immediately accepted by the Operator by sending the Ordering Party confirmation of conclusion of the Product Use Agreement, as referred to in Sections 9 and 10 below.
        9. Immediately after the Ordering Party selects “Payment” or an equivalent instruction, an automatic message is sent to the e-mail address provided in the Account details, confirming conclusion of the Product Use Agreement. At this moment, the Product Use Agreement is entered into. The confirmation will also be available in the appropriate tab in the Ordering Party's Account.
        10. The confirmation of conclusion of the Product Use Agreement will include inter alia the following information: Product type (MultiSport Card or MultiLife Product), the date from which the Product will be active, Payment terms, method and date of Product Delivery, and, if applicable, Product validity period, as well as a notice of the right to withdraw from the Product Use Agreement.
        11. Upon conclusion of the Product Use Agreement and making the Payment, the Operator shall deliver the Product(s).
        12. The Payment amount due from the parties to the Product Use Agreement is the cost of participation in the Programme financed or co-financed by the Ordering Party. The amount is stated in Polish zlotys and is indicated on the Platform at the time when the Ordering Party orders the Product.
        13. The Ordering Party may instruct the Operator to effect recurring card payments for the services on the Platform.
        14. If such an instruction is placed, the Operator is responsible for the correct payment order.
        15. The payment method may be changed at any time during the term of the Product Use Agreement.
        16. The Operator shall issue accounting documents, as required by applicable law, in respect of the costs of the Ordering Party’s participation in the Programme. The documents shall be issued via the Platform for amounts corresponding to Payments made.

Article 5. Payments

  1. Payments made under the Product Use Agreement on the Platform via a funds transfer or a card transaction shall be handled by PayU S.A., the Paying Agent having its registered office in Poznań at ul. Grunwaldzka 186, entered into the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number: 0000274399, NIP [tax identification number]: 779-23-08-495, REGON [business statistical number] 300523444.
  2.  After signing the Product Use Agreement, the Ordering Party has the option to choose the method of making payments:
  1. on their own, in which case the Ordering Party shall order Payments to the Paying Agent before the commencement of each consecutive Settlement Period within the time limit specified in the Product Use Agreement; or
  2. via the Operator, in which case the Operator shall order Payment to the Paying Agent within the time limit specified in the Product Use Agreement, without the need for the Ordering Party to submit instructions in this regard each time.
  1. The Ordering Party shall make payments on their own. The Operator shall not charge any fees from the Ordering Party for execution of Payments through the Paying Agent.
  2. Failure to make the Payment by the date prescribed by the Product Use Agreement results in the Product being blocked, i.e. suspension of the right to use the services specified in the Programme. The Operator will not charge any Programme membership fees for the period of suspension.
  3. If the Product remains blocked due to non-Payment for a period longer than 9 consecutive months, the Operator may terminate the Product Use Agreement subject to 1-month notice period (i.e. one month before termination of the Product Use Agreement, the Operator will send the Ordering Party an electronic message, advising them of the intended termination of the Product Use Agreement).
  4. The Ordering Party may submit complaints in respect of non-performance or improper performance of Payment handling directly to the Settlement Agent or the Operator.

Article 6. Withdrawal from the Product Use Agreement

  1. The Ordering Party may withdraw from the Product Use Agreement in whole or in part without giving reasons within 14 days from the date of conclusion of the agreement, i.e. from the date of receipt of confirmation of its conclusion as referred to in Article 4(9) and (10), along with a notice on the right of withdrawal.

To use the right of withdrawal, the Ordering Party shall inform Benefit of their decision by an unequivocal statement (e.g. by a letter sent by post, fax or e-mail) to the following contact details: Benefit Systems S.A., Plac Europejski 2, 00-844 Warsaw, address: bok@benefitsystems.pl, phone no. (22) 242 42 42. For this purpose, the Ordering Party may (but does not have to) use the form whose template is given in Appendix No. 5 to the Terms and Conditions. To meet the deadline for withdrawal from the Product Use Agreement, it is enough for the Ordering Party to give notice of exercise of their right of withdrawal before expiry of the deadline for withdrawal from the agreement.

  1. When using Products issued to Additional Persons, withdrawal from the Product Use Agreement with respect to the Product issued to the Employee also means withdrawal from the Product Use Agreement with respect to all Products issued to Additional Persons, unless otherwise specified in the Master Agreement.
  2. If the Ordering Party withdraws from the Product Use Agreement, the Operator shall return to the Ordering Party the funds paid by the Ordering Party as part of financing or co-financing the costs of the Product, using the same method of payment as that used by the Ordering Party, unless the Ordering Party expressly agreed to another refund method that does not generate any costs for them.
  3. The refund shall be made immediately, but in any case within 14 days from the date of receipt by the Operator of the Ordering Party's statement of withdrawal from the Product Use Agreement.
  4. In the case of the MultiSport Product, if at the Ordering Party’s express request the use of the services specified in the Programme began before the deadline for withdrawal from the Product Use Agreement referred to in Section 1 above, then the Ordering Party shall pay for the services provided by the Operator in relation to the Card issued for the Employee and Cards issued for Additional Persons until withdrawal from the Product Use Agreement. The payment shall be made at a rate of 1/30 of the monthly fee for using the services specified in the Programme for each day of using the Services by the Ordering Party or Programme Users who are Additional Persons. The Platform Operator has the right to deduct the above amount from the refund amount referred to in Section 4 above.
  5. In the case of the MultiLife Product, if the Product Use Agreement for the MultiLife Product was concluded earlier than 14 days before the date of activation of the MultiLife Product and if, at the Ordering Party's express request, the use of the services specified in the Programme began before expiry of the deadline to withdraw from the Product Use Agreement, and after the Operator informs the Ordering Party about the loss of the right to withdraw from the agreement, then the Ordering Party shall not be entitled to withdraw from the Product Use Agreement regarding the MultiLife Product (in accordance with Article 38(13) of the Consumer Rights Act).

Appendix No. 3

Terms of use of the MultiSport mobile application

Article 1. Definitions General provisions

  1. The following capitalised terms used in these Terms and Conditions shall have the following meaning:
  1. Identity Document – a document which may be used to prove the User’s identity, showing their name and photograph, issued by a public administration authority (in particular, an identity card, passport, residence card, driver’s license), a professional self-government authority (service card), primary school, secondary school, art college (school IDs) or tertiary schools (student IDs). An employee badge shall not be regarded as an Identity Document. An Identity Document shall also be accepted in the form of presenting the screen of the User’s mobile device showing their personal data via the mTożsamość (mIdentity) feature of the mObywatel (mCitizen) app.
  2. Child – a child of the Employee aged under 15.
  3. Kids Card – a Card issued by Benefit to a Child, i.e. MultiSport Kids Card, MultiSport Kids Aqua Card, MultiSport Plus Child Card, MultiSport Classic Child Card, MultiActive Child Card, MultiActive Kids Card, MultiSport Classic Kids Card, MultiSport Light Kids Card or MultiSport Light Child Card.
  4. Student Card – a Card issued by Benefit to Youths.
  5. Youth – a child of the Employee between the age of 16 and 26.
  6. Facility – a facility where sports and recreation services are provided as part of the MultiSport Programme.
  7. Confirmed Identity – a feature of the App which confirms that the User’s identity has been verified.
  1. The Application can be downloaded from an application store appropriate for a given mobile device, including GooglePlay or AppStore.
  2. Users may use the Application as unregistered or registered Users.
  3. Any person who downloads the Application to their mobile device may use the Application as an unregistered User.

Article 2. Technical Requirements

  1. A mobile device with access to the Internet (a mobile phone or a tablet) shall be required for downloading the Application.
  2. Use of the Application shall require a mobile device (a mobile phone or a tablet) with the Android or iOS operating systems in at least the following versions: Android v. 5.0, iOS v. 9 and Internet connection.
  3. The technical security measures provided within the Application shall include:
    1. encryption of API connection using SSL;
    2. authorisation using an OAuth server.
  4. Benefit hereby represents that the public nature of the Internet and the use of services provided by electronic means may involve the risk of unauthorised interception or modification of User data, therefore, Users should use appropriate technical measures to minimise such risks. In the first instance, Users should use anti-virus software and software protecting the identity of Internet users. Benefit shall never ask the User to provide their password in any form.

Article 3. Functionalities

  1. For unregistered Users, the Application allows them to search for Facilities and make the Application available to other Users; User may also view selected content, including information about the MultiSport Programme and the MultiLife Programme, contact details and the FAQ.
  2. Users registered and logged in to the Application may use all features available to unregistered Users and the following features available only to registered Users:
      1. pedometer;
      2. evaluating the Application and leaving comments about the Application in the additional “Rate Application” module;
      3. other services described in the Application for logged-in Users.
  3. User registered and logged in to the Application and having an active MultiLife Product may use the functionalities listed in Sections 1 and 2 above. They may also:
  1. access video content and transfer content to the TV screen using the Chromecast function (for this purpose, the mobile device and the TV must be in the same local network, and the TV must have the Chromecast built in);
  2. use the services available under the MultiLife Programme; the current scope of the services is available at www.benefitsystems.pl or kartamultisport.pl;
  3. use other services described in the Application for logged in Users who hold an active MultiLife Product.
  1. A User registered and logged in to the Application and having an active MultiSport Card may use the functionalities listed in Sections 1–3 above. They may also:
  1. add the Facilities found using the Facility search engine to the “Favourites”, and review the Facilities;
  2. add the Mobile Kids Card to the User Account – the functionality is available only to Employee Users;
  3. make the Mobile Kids Card available to other Users registered in the Application (excluding other Users of Kids Cards) – the functionality is available only to Employee Users;
  4. use the Confirmed Identity;
  5. use other services described in the Application for logged in Users who hold an active MultiSport Product.
  1. When searching for a Facility, the Application uses the geolocation feature. The geolocation feature is disabled by default. The User may manually enable geolocation by granting consent to save the location of their mobile device. Geolocation is not necessary for using the search engine.
  2. [connecting a Mobile Kids Card to the User’s Account] A User who is an Employee may only connect to their Account the Kids Card issued to them for a Child registered in the MultiSport Programme by that User. The User may connect to their Account a Mobile Kids Card, for which they had previously created an Account in the Application. After confirmation of the connection, the Mobile Kids Card will be displayed in the User Account as an Additional Mobile Card.
  3. [making the Mobile Kids Card available to other Users registered in the Application (excluding other Kids Card Users)] Having connected the Mobile Kids Card to their Account, the Employee User may use the feature consisting in making the Mobile Kids Card available to other Users registered in the Application (including Student Card Users, but excluding other Kids Card Users). After confirmation of the connection, the Mobile Kids Card will be displayed in the User Account as an Additional Mobile Card. If the Mobile Kids Card is made available to a Student Card User who is under 18 years of age, when visiting the Facility, the Student Card User and the Kids Card User should report at the Facility reception (except for the Swimming Pool Facility) that they are minors and present their parent's or legal guardian's consent to the visit in accordance with the terms and conditions in force at the Facility.
  4. [Confirmed Identity] In order to obtain a Confirmed Identity, the User should carry out the process of verifying their identity as follows:
  1. the User should upload their photo from the memory of their mobile device to the Application, and then
  2. in the Facility, the User should present the Identity Document and the Application referred to in point a) above, along with a QR code generated in the presence of the Facility's staff or a token number used to confirm identity. After confirmation of the identity in the Facility, the User obtains the status of a user with the identity verified in the Application, which will be automatically marked in the Application with the annotation “Confirmed” on the User Account in the Application;
  3. the verification of the Child's identity may be carried out both by the User who has enrolled the Child in the MultiSport Programme and by the User to whom the Child's Mobile Kids Card has been made available. In any case, in order to verify the identity of the Child, it shall be necessary to show the Child's identity document at the Facility,
  4. The User may carry out identity verification at most Facilities; in order to confirm that a specific Facility enables such identity verification, the User should check this at the website at www.benefitsystems.pl/MultiSport/ via the Website’s Facility search engine or via the Application’s “Search” tab before visiting such Facility.
  1. If the User verifies their identity in the Application and obtains a Confirmed Identity, they may not change their photo on a given mobile device (referred to in Section 8(a)) for the duration of the photo change blockade (indicated in the Application). During that time, the User may change the photo on a given mobile device by contacting Benefit at the address: bok@benefitsystems.pl.
  2. A Confirmed Identity shall only be valid on a given mobile device as the image is saved locally on that device; if the mobile device is changed or if several devices are used, the User should verify the identity on the new (next) device again.
  3. [pedometer] The User may use the feature consisting in displaying in the Application information on the number of steps taken by them on a given day and month, starting from the moment of commencing the use of the pedometer. Data on the number of steps will be collected:
  1. from the Google Fit service provided by Google Ireland Limited for Android mobile devices;
  2. from the HealthKit service, which is provided by Apple Inc. – for iOS mobile devices.

In order to use this feature, the User should:

  1. have an account in GoogleFit application or have active HealthKit service, depending on the operating system available on the User's mobile device;
  2. connect the GoogleFit or HealthKit service with the Application and give the Application permission to display and store the number of steps.

The data obtained by Benefit from the services indicated in this section do not constitute special categories of personal data, nor will they be used to assess the User's health.

  1. The User may receive push messages, i.e. short messages that are displayed directly on the screen of the User’s mobile device while the User uses or does not use the Application, containing administrative information (e.g. information about responding to the User’s request, amendments to these Terms and Conditions, etc.). If the User agrees, they may receive push messages displayed directly on the screen of the User’s mobile device when the User is or is not using the Application, with information on products and services available to Cardholders, including information on Benefit’s own products and services as well as the products and services of Benefit’s counterparties who offer additional benefits to the Cardholders (such as dietitian services, trainer services, medical and insurance services, as well as education- and development services). The User may switch off or configure the Push messages in the Application settings.
  2. The Application may allow Users to use additional services upon acceptance of separate terms and conditions governing a given service.

Article 4. Using the Mobile Card and Confirmed Identity

  1. Only logged-in Users who hold an active MultiSport Card may use a Mobile Card and Confirmed Identity.
  2. In order to use the services of a Facility as part of the MultiSport Programme using a Mobile Card, it shall be necessary for the User to:
      1. have an active MultiSport Card;
      2. log in to the Application and, in the case of a Mobile Kids Card, log in to the Child's Account in the Application or add a Mobile Kids Card to the User's Account or make the Mobile Kids Card available to another User;
      3. generate a QR Code or token number.

To generate a QR code or token number an Internet connection is required. If there is no Internet connection, the User can generate a QR Code or token number offline. The screen with the QR Code generated should show "Offline Code". The User will be able to use the QR Code or token number offline when they first generate a QR Code or token number online when they have access to the Internet.

      1. present a valid QR Code or a valid token number to be scanned at the Facility together with:
  1. an Identity document; or
  2. a Confirmed Identity.

In most Facilities, the User may present a Mobile Card with a Confirmed Identity in order to use the services available at the Facilities. In order to verify whether a given Facility accepts a Mobile Card with a Confirmed Identity, the User should check this on the following website before visiting the Facility at www.benefitsystems.pl/MultiSport/ in the Facilities search engine or in the “Search” tab of the Application.

  1. The QR code or token number must be generated at the Facility, immediately before using the services of the Facility.
  2. The QR Code and token number shall be one-time and they shall have a specific duration indicated each time in the Application.
  3. Cancelling a visit to the Facility shall require the generation of a separate QR Code or token number and their presentation to Facility personnel.
  4. The User shall not be able to use the Facility’s Services unless they have complied with the prerequisites specified in these Terms and Conditions, the terms of the Card, or the house rules of the Partner’s Facility specified by the Partner, in particular:
  1. when the data on the Card or the data displayed in the Application on the Mobile Card are inconsistent with the data included in the Identity Document;
  2. in the event that the User carries no Card and does not use the Mobile Card;
  3. in the event that the User carries no Identity Document, and at the same time does not use a Confirmed Identity in the Application.
  1. Benefit shall have the right to deactivate a Confirmed Identity or block the User from using the Mobile Card in the following cases:
    1. using the Confirmed Identity or the Mobile Card by the User in contravention of these Terms and Conditions, in particular if the User is not a Cardholder or if they uploaded a photo of a person other than the Cardholder into the Application to obtain a Confirmed Identity;
    2. reasonable suspicion of use of the Confirmed Identity or Mobile Card by unauthorised persons;
    3. use of the Mobile Card for a purpose which only serves to reduce the functionality of the Application by deliberately limiting its availability or overloading its capacity;
    4. reasonable suspicion of any unauthorised operations related to the use of the Confirmed Identity or Mobile Card.
  2. Using the Application, including the Mobile Card, or deleting an Account in the Application shall not affect the User's ability to continue using the plastic version of the Card with a chip.

Article 5. Personal data

  1. The Controller of the User's personal data and – in the event that a Mobile Kids Card is added to the User Account – of the User's Child, is Benefit.
  2. Detailed information on the processing of personal data is available in the “Consent” tab of the Application, after selecting the “More” option and then the “Settings” option.

Appendix No. 4

Model statement of withdrawal from the Account Agreement

The following model statement may be used for the purpose of withdrawal from the Website/Application Account Agreement with Benefit:


Benefit Systems S.A.
Plac Europejski 2
00-844 Warsaw
bok@benefitsystems.pl

I .................. hereby withdraw from the Website/Application Account Agreement: ......................................................................................

Full name………………………………………………………….
Website/ Application Login ……………………………………………………………

Appendix No. 5

Model statement of withdrawal from the MultiSport Card / MultiLife Product Use Agreement

To submit a statement of withdrawal from the Product Use Agreement, the following model statement may be used:

Benefit Systems S.A.
Plac Europejski 2
00-844 Warsaw
bok@benefitsystems.pl

I hereby withdraw from the MultiSport Card/MultiLife Product Use Agreement.

Name and surname of the Platform User ………………………………………………………….
E-mail address used to set up the Platform account: ………………………………………………………………

Platform User's MultiSport Card / MultiLife Product number (if no MultiSport Card / MultiLife Product is delivered to the User, leave the field blank) ……………………………

SCOPE OF WITHDRAWAL:

        1. opting out of the Platform User’s MultiSport Card / MultiLife Product: YES/NO* (please select as appropriate):

* In accordance with the Terms and Conditions, opting out of the Platform User’s MultiSport Card/MultiLife Product shall also mean opting out of all Cards/Additional Products held by the Platform User.

or

        1. opting out of the accompanying person’s MultiSport Card / MultiLife Product: YES/NO* (please select as appropriate):

Full name of the accompanying person ……………………………………………………………….…

* In accordance with the Terms and Conditions, no additional Cards / Products may remain active if the Platform User opts out of the MultiSport Card / MultiLife Product.

or

        1. opting out of the child’s MultiSport Card / MultiLife Product: YES/NO* (please select as appropriate):

Full name of the child ……………………………………………………………………….

Full name of the child ……………………………………………………………………….

Full name of the child ……………………………………………………………………….

* In accordance with the Terms and Conditions, no additional Cards / Products may remain active if the Platform User opts out of the MultiSport Card / MultiLife Product.

Name of Platform User’s employer** …………………………………………………..

Number of bank account to which the refund is to be made** ………………………………………………

** Optional data; provision of such data will speed up application processing.

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