§ 1 General Rules
- These Terms and Conditions have been drafted in implementation of the obligation referred to in Article 8.1 (1) of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2016, Item 1030).
- These Terms and Conditions regulate the use of the MultiSport Zone, e.g. for the purpose of advising Users of special offers and additional services. Users are required to accept these Terms and Conditions in order to access the MultiSport Zone.
- Current Terms and Conditions are published in the appropriate MultiSport Zone tab and on the Website at: www.kartamultisport.pl/regulaminy. The User may view and save these Terms and Conditions in any technically available manner, in particular download these Terms and Conditions from the Website.
- The use of the MultiSport Zone feature is fully voluntary and subject to possession of an active Card by the User (or a Card awaiting activation).
- The MultiSport Zone may offer the use of additional services upon acceptance of separate terms and conditions regulating a given service.
- Benefit stipulates that the sports and recreational activities made available periodically via the MultiSport Zone on particular dates are subject to limited availability. Enrolment is on a first-come first-served basis.
§ 2 Definitions
1. The capitalized terms below used in these Terms and Conditions have the following meaning:
a) Personal data – personal data within the meaning of the Regulation of the European Parliament and of the Council 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 (hereinafter the GDPR), according to which personal data shall be deemed to include all information related to an identified or identifiable natural person.
b) Benefit – Benefit Systems S.A., with its registered office in Warsaw (00-844) at Plac Europejski 2, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under number 370919, NIP 8361676510, REGON 750721670, e-mail: email@example.com,
c) Card – a card issued by Benefit, which entitles its holder to use MultiSport Programme services.
d) Customer – the entity which, based on a contract with Benefit, allows its employees, contractors or associates, their companions or children to use the MultiSport Programme.
e) Partner – the entity which provides sports and recreational activities under the MultiSport Programme to Card users, on the basis of a contract with Benefit, where the use of such activities is subject to presentation of the Card and an ID document.
f) MultiSport Programme – a set of services selected by Benefit to match customer needs, as described in detail in a contract with the Customer, which are made available to Card users registered by the Customer and which are provided by Partners.
h) Terms and Conditions – means these terms and conditions, together with all attachments.
i) MultiSport Zone – a set of services and features available to Users upon registration and logging into www.kartamultisport.pl, as well as a set of User data and settings related to services operation after logging in.
j) Website – the website available at www.kartamultisport.pl.
k) User – the natural person who has an active Card (or a Card awaiting activation) and has registered in the MultiSport Zone.
§ 3 User Rights and Obligations
1. The User shall use the MultiSport Zone in compliance with these Terms and Conditions, laws, the general rules of Internet use, following good practices, and in particular shall not violate third party rights or the rights or interests of Benefit.
2. In particular, it shall be forbidden to:
a) deliver any unlawful content, in particular content which violates these Terms and Conditions, laws, the general rules of Internet use or good practices,
b) place in or distribute via the MultiSport Zone any malicious software (including viruses and Trojans) or other mechanisms or devices that could cause disruption of the MultiSport Zone operation or its operation incompatible with these Terms and Conditions,
c) impersonate other people, provide false personal data or otherwise mislead as to the User’s identity.
3. If the User is found to use the MultiSport Zone contrary to these Terms and Conditions, in particular to engage in the practices described in items 1 and 2 above, Benefit may, with an immediate effect, block such User’s MultiSport Zone, as well as take any actions seeking to remedy the loss or damage sustained.
4. The User is required to immediately notify Benefit in the manner specified in § 8 Item 1 below of any violation of his/her login rights and/or password, and of any violation of the rules set out in these Terms and Conditions.
5. Benefit declares that the public nature of the Internet and the use of services provided by electronic means may involve the risk of unauthorized acquisition or modification of User data, therefore, the Users should use appropriate technical measures to minimize such risks. In particular, the Users should use anti-virus software and software protecting the identity of Internet users. Benefit never asks the User to provide his/her MultiSport Zone password in any form.
6. After granting an additional consent in the MultiSport Zone, the User may authorize Benefit to send to the telephone number provided reminders of the upcoming sports and recreational activities for which the User has signed up. The consent to additional messages may be withdrawn at any time in the account settings.
§ 4 Technical Requirements
1. To use the MultiSport Zone a device with Internet access is required.
2. The MultiSport Zone may be used provided that the User’s ICT system meets the following minimum technical requirements:
a) Internet access that enables the display of webpages; Users are recommended to use the newest versions of the browsers (Benefit does not warrant that the MultiSport Zone will work correctly in older browsers
b) Adobe Acrobat Reader software in certain cases to properly open PDF files
c) the website is fully responsive.
3. For use of additional services or features of the MultiSport Zone by the User, additional technical requirements may apply, as described in individual terms and conditions.
§ 5 Registration and Login
- To use the MultiSport Zone it is necessary for the User to register.
- In order to register, Users are required to provide their personal details, including their first name, email address and Card number, in the registration form.
- The User should complete all the fields in the registration form, unless a field is marked as optional.
- The information entered in the registration form should refer only to the User and be true and accurate.
- The User should read and acknowledge these Terms and Conditions by checking the appropriate box in the registration form.
- The User is required to set a password consisting of at least 6 characters, including lower and upper case letters.
- No registration in the MultiSport Zone or account setup shall be possible if the User does not meet the conditions set out in Items 2-6 of this section.
- In a situation where the User is a child up to 13 years of age, registration in the MultiSport Zone is performed on behalf of the child by his/her parent or legal guardian.
- Upon registration and provision of his/ her first name, as displayed on the Card, the login and password (or the use of User login on Facebook) and after clicking within 48 hours in the link sent to the User's e-mail address to confirm account registration, the User becomes logged into the MultiSport Zone.
- To use MultiSport Zone features, the User must be logged in.
- The “Profile” tab in the MultiSport Zone contains User data processed by Benefit in order to manage the MultiSport Zone account, including the User’s full name, Card number and type, Card status (active or inactive) and email address entered during profile registration. Other information provided in the MultiSport Zone by the User is provided voluntarily and is not required for account maintenance.
- The User has the right to change the password.
- In the event of a change of the Card number, the new Card number must be entered in the appropriate tab on the Website in order for the User to continue to use the MultiSport Zone.
- The User is required to make every effort to keep the password confidential and not to disclose it to third parties. In the event of any circumstances indicating that the password is known to an unauthorized person, the User shall immediately notify Benefit using any available means of communication. In that case, the User should change the password immediately, using the appropriate features within his account.
- If a Card becomes inactive, access to special offers and additional services shall be blocked.
§ 6 Personal Data
1. Benefit serves as the controller of User’s personal data in accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the GDPR) to the extent such processing is necessary for the operation and use of the MultiSport Zone. Detailed information on personal data processing may be found at https://www.kartamultisport.pl/polityka-prywatnosci/. Questions concerning personal data protection should be sent by e-mail to firstname.lastname@example.org.
- Personal data are processed for the purpose of providing the service and based on Benefit’s legitimate interest which is:
a) direct marketing consisting of Benefit offering new products or services and in order to improve service quality by measuring satisfaction with the services by contacting the User via the communication channel chosen by the User, for purposes of analysis and statistics,
b) tailoring the MultiSport Zone to User needs,
c) ensuring secure electronic provision of services by Benefit, including enforcement of the Terms and Conditions, and preventing fraud and abuse, and ensuring traffic safety.
The telephone number is processed by Benefit, optionally, based on User’s separate consent given in order to use additional account features.
- Benefit shall store Users' data for the following periods:
a) in order to provide the service – for the duration of the contract on the use of the MultiSport Zone,
b) for purposes related to direct marketing – until the account in the MultiSport Zone is deactivated or an objection is raised, whichever occurs first,
c) for tax and accounting purposes – to the extent and for the duration consistent with applicable regulations.
- The User shall have the right, at any time, to:
a) withdraw the consent to personal data processing, provided that consent withdrawal shall not affect the processing which took place until the consent was withdrawn,
b) object to data processing for marketing purposes,
c) object to data processing due to a particular situation,
d) transfer data,
e) access data,
f) request rectification of his/her personal data,
g) request erasure of his/her personal data,
h) request restriction on processing of his/her personal data,
i) transfer personal data, i.e. the right to receive personal data from Benefit Systems, in a structured, commonly used, machine-readable IT format.
In order to exercise the above rights, the User should contact Benefit or the Benefit Data Protection Officer at email@example.com.
5. Benefit shall protect personal data received and make every effort to secure them against unauthorized access or use. Data shall be secured with the use of reasonable technical and organizational measures and security procedures in order to protect them against access by unauthorized persons or their unauthorized use. Collected personal data of Users shall be treated as a dedicated database stored on Benefit’s server in a special secure zone that ensures adequate protection.
6. Personal data of Users may be made available to providers of additional services available in the MultiSport Programme, IT system service and maintenance providers, support entities, auditors, User service providers, e.g. Infoline, those supporting marketing efforts and public authorities. Users shall, at any time, have the right to be informed about the purpose and scope of processing of their personal data by Benefit.
7. Personal data are provided by the User in the relevant forms during registration in the MultiSport Zone. The forms contain information about the scope of data necessary for the operation of the MultiSport Zone.
8. The forms may have an option for the User to grant voluntary consents to the processing of his/her personal data for other purposes or by entities other than those referred to in Item 1 as well as consents to electronic marketing.
§ 7 Intellectual Property Rights
- Use of the MultiSport Zone or acceptance of these Terms and Conditions does not result in the transfer of any intellectual property rights, in particular copyright in the MultiSport Zone or any part thereof, to the User.
- Intellectual property rights to all the content available in the MultiSport Zone, in particular copyright within the extent of its graphic, verbal and verbal-graphic components, navigational solutions, content selection or arrangement within the MultiSport Zone, are protected by law and are owned by Benefit or entities with whom Benefit has signed appropriate agreements.
- Any use of the content is subject to a prior express consent of Benefit.
§ 8 Contact and Complaints
- The User may file objections and complaints about the operation of the MultiSport Zone to the following address: firstname.lastname@example.org or via a separate tab in the MultiSport Zone, if it becomes available. In the report the User must provide his/her login and a description of the problem.
- Benefit may ask the User additional questions in order to properly consider the complaints.
- Benefit shall consider complaints within 14 days after receiving full information permitting their consideration.
§ 9 Liability
- Benefit is not liable for malfunction or interruptions in the operation of the MultiSport Zone, which arise from technical reasons, change of the operating system on the User's device or incompatibility of another software on that device.
- Benefit is not liable for technical breaks arising from non-availability of the Internet or external websites not operated by Benefit.
- Notwithstanding Items 1 and 2, Benefit shall use every effort to ensure the operation of all the MultiSport Zone features offered, in particular by ensuring ongoing repairs and proper maintenance of external websites not operated by Benefit.
- Benefit is not liable for non-performance or improper performance of its obligations resulting from force majeure, i.e. circumstances beyond Benefit’s control, which Benefit could not reasonably foresee or prevent, including catastrophes, natural disasters, fires, floods, wars, strikes, riots or weather conditions which permanently or temporarily prevent or impede the use of all or some of the MultiSport Zone features.
- Benefit is entitled to breaks in the operation of the MultiSport Zone, if the reason is a failure or modification, modernization, extension or maintenance of a Benefit ICT system or software, after first informing the Users in a communication posted in the MultiSport Zone.
- Benefit is not liable for the consequences of User's failure to comply with the Terms and Conditions or regulations of the services provided by Partners under the Program or regulations of additional services available to Users and presented in the MultiSport Zone.
- Users may use the services available under the Programme as well as additional services presented in the MultiSport Zone depending on their health and fitness level.
§ 10 Amendment and Termination of these Terms and Conditions
1. Due to important reasons, understood to include the following:
a. any change, in particular extension, of the Multisport Zone features,
b. any changes in the description of the existing MultiSport Zone features,
Benefit reserves the right to amend these Terms and Conditions.
2. Users shall be informed about any amendment of the Terms and Conditions by email and/or an additional message available after logging into the MultiSport Zone. Each current version of these Terms and Conditions shall be published in the appropriate MultiSport Zone tab and on the Website.
3. Amendment of these Terms and Conditions shall become effective unless the User terminates these Terms and Conditions within 14 days after receiving the email or within the period of notice following immediately publication of the new version of these Terms and Conditions on the Website.
4. The User has the right to cancel the contract (Terms and Conditions) in accordance with Article 27 of the Act of 30 May 2014 (Journal of Laws 2014, Item 827, as amended) within 14 days from the date of their acceptance. A statement on cancellation should be sent to:email@example.com. The cancellation form is available in Attachment No. 1 to these Term and Conditions.
5. The User may terminate these Terms and Conditions at any time by asking Benefit to remove his/her account from the MultiSport Zone.
6. Benefit reserves the right to discontinue its services in the MultiSport Zone. In such an event, all registered Users shall be notified to that effect by email at least 14 days in advance.
§ 11 Final Provisions
- The governing law of these Terms and Condition is Polish law.
- The User may have disputes arising from these Terms and Conditions resolved either before common courts or by alternative dispute resolution methods, e.g. through mediation following the complaint process, with the consent of Benefit (details may be found at: https://uokik.gov.pl/spory_konsumenckie.php).
- In matters not regulated by these Terms and Conditions, provisions of Polish law, in particular the Civil Code (consolidated text: Journal of Laws of 2016, Item 380, as amended), the Act on Copyright and Related Rights (consolidated text: Journal of Laws of 2016, Item 666, as amended) and the Act on Personal Data Protection (consolidated text: Journal of Laws of 2016, Item 922) shall apply.
- The Cookies Policy available on the Website at: www.kartamultisport,pl/polityka-cookies forms an attachment which is an integral part of these Terms and Conditions.
Attachment No. 1 to the Benefit Systems MultiSport Zone Terms and Conditions
Contract Cancellation Form
To submit a statement of cancellation of the contract with Benefit Systems on account maintenance in the MultiSport Zone, the following statement form may be used:
Benefit Systems S.A.
Plac Europejski 2
This is to state that I am cancelling the contract on account maintenance in the MultiSport Zone.
User’s first name and surname .....................................................
Email address (login) .......................................................
Card number ................................................................