Navmax™ e-Shop Regulations

Navmax™ online Shop regulation

I. PRELIMINARY PROVISIONS

  1. The present “Regulations” are a standard contract within the meaning of The Civil Code, made available by the Service Provider on the e-Shop server for all potential Users. Provisions of the Regulations are an integral part of each License Agreement signed by the Service Provider with the Customer,  and they complete its content as far as they are not contradictory to the License Agreement. The Service Provider and the Customer commit themselves to act according to provisions of the present Regulations.      
  2. The Regulations are not an offer to sign a contract. 
  3. All elements of Internet service and of the e-Shop’s website are object of exclusive financial copyright vested in the Service Provider and are subject to legal protection. 
  4. The Service Provider via the e-Shop enables downloading or using NAVMAX application for GPS navigation. 

II.DEFINITIONS

  1. “NAVMAX” e-Shop, hereinafter referred to as e-Shop: e-Shop accessible on https://shop.navmax.com , run by the Company Navmax Sp. z o.o. (hereinafter referred to as the Service Provider), with its registered seat in Warsaw, 61/100 Złota Str., 00-819 Warsaw, entered into the Business Register  administered by the District Court for the Capital City of Warsaw, XII Commercial Department of the National Court Register under number KRS 0000380036, NIP 5272652156, initial capital amounting to 87.000 zł, fully paid up, providing services in connection with GPS navigation system usage.
  2. The Product – NAVMAX navigation, On-line Services or Navmax Navigation updates.
  3. NAVMAX Navigation – The Application together with Digital Data enabling the use of GPS navigation via PND devices, cellular phones, Smartphones and tablets, accessible in the e-Shop and in other Internet services run by partners.
  4. Application – software to be installed in the memory of PND s, cellular phones, Smartphones and tablets enabling the use of GPS navigation system, being an element of NAVMAX Navigation.
  5. Digital Data – data, maps of countries, regions and cities in the electronic form downloaded by the Customer whilst using NAVMAX Navigation and then stored in the memory of the Customer’s Receiving Device.
  6. Receiving Device – electronic device with a due (specified by the Service Provider in the e-Shop) operating system, having an adequate memory and fulfilling other technical requirements necessary for the correct use of NAVMAX Navigation, possessed by the Customer,  used to receive and permanently record NAVMAX  Navigation and other Products in its Read Only Memory, enabling GPS connection. A Receiving Device is also a device enabling GPS connection and online connection with installed by the Customer  NAVMAX Navigation, offered to be purchased by e-Shop.
  7. Online Services – additional services made available via electronic means by the Service Provider in NAVMAX Navigation, consisting on use of software without its installation on the ROM of the Receiving Device, under these Regulations, whose specification is in the pricelist and in the present Regulations of Service Provider accessible in the e-Shop, consisting on its use via Internet.     
  8. Subscription – fee paid by the Customer for possibility of using NAVMAX Navigation or Online Services for a period of time chosen by the Customer among periods specified by the Service Provider in current offer. The Subscription fee is specified in Service Provider ‘s pricelist available in the e-Shop.
  9. Tele-informatics system – a group of computer science devices and software that work together ensuring processing and storage, as well as sending and receiving data through telecommunication networks by means of a final device appropriate for a given net type within the meaning of the Telecommunications Act.
  10. Means of electronic communication –technical solutions, including teleinformatic devices and software tools working with them, enabling individual long distance communication using data transmission between teleinformatic systems, in particular electronic mail and SMS.
  11. Customer’s Password – individual, confidential Customer’s password used to login to Customer’s account in the e-Shop.
  12. GPRS – General Packet Radio Service – standard of packet data transmission and technology used in GSM cellular phones nets to send packets of data.
  13. Internet – Worldwide Web
  14. GPS – Global Positioning System – worldwide satellite navigation system
  15. Bluetooth –Wireless radio short range communication technology between cellular phones, portable computers and other peripheral devices of computer and audiovisual environment, as well as other commonly used devices.
  16. WAP Wireless Application Protocol – standard for applications and protocols used in wireless nets enabling the subscribers of GSM nets to communicate with servers and platforms working with a defined format of files. 
  17. Natural person, legal person, organizational entity that does not possess status of a legal person, who wants to obtain the right to use or uses the Products on the basis of an appropriate License, hereafter in the present Regulations called Customer. Persons mentioned in the previous sentence are also called Customers when they acquire the right to use or use the Products on the terms mentioned in the previous sentence with a purpose not related with economic activities run by them, in that case natural persons using the Products will be deemed as consumers within the meaning of the Law dated 27 of July 2002 on special terms of consumer sale and on Civil Code change.  
  18. Customer – person purchasing the Service from the Service Provider, who apart from the content of the present Regulations, shall also be bound to get acquainted with the License Agreement  accessible on the Website of the e-Shop and to use the purchased Product according to provisions, and in the form set hereinafter. The License Agreement shall be the legal basis for the  use of software. The license signifies the right to use Navmax Navigation (the App and Digital Data) or the software within Online Services, obtained by the Customer  after signing online the License Agreement, according to provisions set forth in the present Regulations.                  
  19. Operating system – IT system installed on the Receiving Device supporting the Products.  

III.RIGHTS AND OBLIGATIONS of the Service Provider and of the Customer 

  1. THE SERVICE PROVIDER
    a) The Service Provider is the party providing services electronically within the meaning of the Law of 18th July 2002 on providing services electronically and the Law of 5th July 2002 on protection of some services provided electronically based or consisting on conditional access.
    b) The Service Provider is the exclusive distributor of software for electronic GPS navigation of vehicles on roads called NAVMAX on the territory of the Polish Republic authorized to perform, multiply and release multiplied copies of software on the territory of the Polish Republic on the basis of separate license agreements.
    c) The Service Provider sells Products via NAVMAX e-Shop located on the website https://shop.navmax.com
    d) The Service Provider commits himself to act and sell his Products according to the provisions of the present Regulations.
  2. THE CUSTOMER
    a) The Customer commits himself to use Products offered in the e-Shop according to the present Regulations and provisions of the appropriate License Agreement.
    b) In order to download and install Navmax Navigation or start using Online Services in the e-Shop, the Customer shall proceed according to the instruction hereinafter. Any behavior or its trial tending to download the Product in a manner inconsistent with the procedure presented in the present Regulations shall imply responsibility borne by the Customer
    c) The Customer taking actions tending to download Navmax Navigation or to start using online Services defined in the present Regulations, shall be bound to sign a License Agreement with the Service Provider to use the Product.
    d) In order to correctly register and have assigned a license enabling to use the Product, the Customer shall be bound to register as a customer of the e-Shop  on terms and conditions described in part VII of the present Regulations. Giving true personal data shall be a necessary condition  to sign a License Agreement and download NAVMAX Navigation or start using software accessible within online Services


IV.OBJECT AND FEATURES OF THE SERVICE

  1. The object of the Service offered by e-Shop consists in enabling the Customer to download and save in the Receiving Device’s memory of the Customer NAVMAX Navigation or starting to use the software accessible within online Services, after this entity has fulfilled conditions defined in the present Regulations.
  2. Making accessible in the e-Shop to download by the Customers Navmax Navigation consisting of the App and Digital Data as well as online Services consisting of the use of software by means of direct access to the server of the Service Provider via INTERNET, WAP, GPRS (online) is a service rendered electronically within the meaning of the Law dated 18 of July 2002 on providing services electronically and the Law dated 5 of July 2002 on protection of some services provided electronically based or consisting on conditional access (service made accessible on demand of the Customer).
  3. Downloading the App and Digital Data is performed fully online (via direct connection of the Customer with the server of the Service Provider and Navmax Navigation download), and further exploration of the software installed on the Receiving Device is preformed on offline mode – without the need of connection through the Internet.
  4. Before downloading the Product, the Customer should pay according to the pricelist, in a manner indicated on the e-Shop website. Then the Customer will obtain access to the Product
    a) Navmax Navigation together with the serial number,
    b) With respect to online Services only the serial number.
  5. After installing Navmax Navigation in the memory of the Receiving Device, the Customer can activate Navmax Navigation in the mode:
    a) when the Receiving Device together with downloaded Navmax Navigation have access to Internet, the App, after introducing the serial number, activates automatically Navmax Navigation on the Receiving Device,
    b) when at the moment of activation the Receiving Device together with downloaded Navmax Navigation do not have access to Internet, the Customer can activate Navmax Navigation at any time, via the website http://navmax.com/pl/aktywacja by introducing the activation code generated by Navmax Navigation. As a response the Customer will receive a serial number generated automatically, activating Navmax Navigation.
  6. Activation of the Service Online, after payment of subscription fee will take place through the addition within Navmax Navigation of a serial number ascribed to a given Online Service
  7. Navmax Navigation works using:
    a) Radio signal from satellites designed to transmit a signal based on GPS ,
    b) GPS Receiving Device of the Customer,
    c) An operating system compatible with Navmax Navigation, installed on the Receiving Device, being at disposal of the Customer. The list of models of Receiving Devices compatible with Navmax Software is available on the e-Shop’s website.
  8. Online Services indicated in subparagraph 12 are services made available by e-Shop exclusively through direct connection made between the Receiving Device of the Customer and the server of the Service Provider via INTERNET, WAP, GPRS (online). The use of online Services is possible only by maintaining net connection with Service Provider’s server. For a correct Online performance of the Service, the Customer must have a Receiving Device enabling online connection with Service Provider’s server. The Customer will pay a fee for WAP or GPRS Internet connection to the appropriate GSM cellular phone operator or to another network provider according to a pricelist set by the operator.  Such a fee is not an element of subscription.
  9. Online Services indicated in subparagraph 7 work through online connection between:
    a) The Receiving Device with installed operating system and Navmax Navigation.
    b) Service Provider’s server, on which Online Services are accessible, and Navmax Navigation.
  10. The Customer can download the Application and Digital Data directly on the Receiving Device via an appropriate browser or download the Application on his PC via Internet, and then save it on Receiving Device’s memory using Bluetooth, infrared or USB connecting the computer with the Receiving Device.
  11. Navmax Navigation (Applications, Digital Data) and online Services is a software within the meaning of the Law dated 4 of February 1994 on authorial law and related and a data base within the meaning of the Law dated 27 of July 2001 on data base protection.
  12. Navmax Navigation (the Application) covers the following functions:
    a) Routing from the place where the User is (defined automatically by Navmax Navigation on the basis of GPS signal) to a destination point chosen by the Customer,
    b) Routing from the place chosen by the User to a to a chosen by the Customer destination point,
    c) Routing via intermediate points on the route,
    d) Managing the trip plan – adding/erasing points on the route, changing the order of points on the route,
    e) Graphic navigation on the map – graphic projection of Customer’s position on the route marking on the map characteristic points (POIs) located near the route,
    f) Voice navigation,
    g) Defining favorite points on the route by the Customer,
    h) Selection of day and night mode – adjusting the navigation to the time of the day,
    i) 3D or 2 D view of the map,
    j) Base of Points Of Interest– base of information about services, businesses, public utility points together with their location, address and telephone data and working hours (should such data be available for a given POI),
    k) Displaying chosen categories of POIs on the map,
    l) Tracking position on the map without the use of navigation,
    m) Automatic defining of a new route after leaving the chosen route,
    n) Warnings about local speed cameras,
    o) Obtaining current information about temporarily closed stretches of route (within bought additionally Online Navmax Traffic Control Service),
    p) Turn-by-turn navigation with voice guidance,
    q) Possibility of blocking a road, a stretch of route,
    r) Precise and quick routing, calculating,
    s) Routing taking into account traffic congestions (avoiding traffic congestions – within additionally bought Online Navmax Traffic Control Service),
    t) Lane assistant *,
    u) Presenting distance to destination and predicting time of arrival to destination,
    v) Finger Friendly technology, optimization of aspect and functionality of elements in accordance with touch devices standards,
    w) Weather forecast,
    x) Exchange rates,
    y) Communicator,
    z) Speed limits,
    aa) Speed cameras (stationary radars, portable radars as well as Police radar speed check points),
    bb) Direction boards,
    cc) Address points ascribed to buildings,
  13. Digital Data made available by the Service Provider are GPS maps: Emapa PL, Navteq [the whole World]
  14. Online Services comprise additional Navmax Navigation functions:
    a) Navmax Traffic Control – warning about traffic congestions service with update about traffic in a chosen by the Customer time with 2-30 minutes’ frequency,
    b) Service of Navmax Navigation update (App and Maps),
  15. Navmax Navigation is offered by the Service Provider in two versions depending on the type of Receiving Device:
    a) Mobile Navigation for devices such as Smartphone and tablet,
    b) Car Navigation for devices such as car PND.
  16. The Customer shall use Navmax Navigation (the App and Digital Data) in the following way:
    a) The Receiving Device of the Customer will define present geographical position of the Customer via radio signal received from satellites, with an exactitude depending on GPS receiver’s features,
    b) Then the Application installed on the Receiving Device will contact the GPS signal in order to download the packet of updated Digital Data necessary to use the Products. Downloaded Digital Data may contain among other things updated information about road difficulties, repairs, speed cameras, new stretches of route and about traffic intensity on a given route stretch.
  17. The Customer uses the Application and Digital Data also without using connection with GPS receiver, launching the installed App. Using the App and Digital Data in this way, the Customer can use among others the following App functions:
    a) Downloading maps, including maps of cities with the possibility of searching streets,
    b) Viewing maps, including exact location of any address or POI,
    c) Drawing up the route, including the fastest and the shortest,
    d) Using base of POIs.
  18. In order to install the App in the Receiving Device, the Customer downloads the App from Service Provider’s server via e-Shop’s website. Downloading of the App can also include simultaneous automatic downloading of some Digital Data together with the App.
  19. The Customer can install the App and Online Services on the Receiving Device compatible with Navmax Navigation, proceeding according to indications displayed on installation’s screen.
  20. The App is available with a description also in the Polish language.
  21. Earlier downloading of Navmax Navigation  (the App and Digital Data) on a paid or free (demo) license is the condition to start using the Product .


V.TECHNICAL REQUIREMENTS OF THE RECEIVING DEVICE NECESSARY TO USE NAVMAX NAVIGATION

Technical requirements comprise:

  1. A GPS receiver built-up in Customer’s Receiving Device or as an external module compatible with a given Receiving Device, being within GPS’s range, necessary to use some Navmax Navigation’s functions,
  2. Working and properly configured in the Receiving Device service of data transmission via WAP and GPRS or Internet, made accessible by the of GSM operator  or another network provider  and active on Receiving Device, being at disposal of the Customer.
  3. An operating system of the Receiving Device installed on the Receiving Device compatible with Navmax Navigation.


VI.LICENSE FOR THE USE OF THE SOFTWARE AND FORM OF PAYMENT

  1. The License Agreement is made available on the server of the e-Shop. Granting the License will be the exclusive basis to a lawful use of Products.  The License will be granted to the Customer at the moment when the Customer accepts the terms of License Agreement and pays for its granting (the fee does not refer to demo versions).
  2. Prior to signing the License Agreement between the Customer and the Service Provider, the Customer shall get acquainted with its terms and conditions and accept to use the downloaded software according to the terms and conditions of the License Agreement and the Regulations. The Customer will confirm getting acquainted with the terms and conditions of the License Agreement and the Regulations by clicking the icon “I accept” under the License Agreement. Clicking the icon “I accept” shall be the confirmation of acceptance of terms and conditions of the License Agreement.
  3. The Service Provider makes available the App containing Navmax Navigation (App and Digital Data) to download under a paid or free License.
  4. A free license:
    a) Is granted to the Customer exclusively to get acquainted with the content and functionality of the Products, and also in order to test their correct functioning on the Receiving Device of the Customer.
    b) Is granted for the period of two weeks, once for a given Customer.
    c) Has the quality of a non-exclusive license.
  5. A paid license:
    a) Is granted to the Customer for exclusive use of Product’s copy, within the scope defined by the License Agreement,
    b) Is granted for a non-defined period or a defined period, depending on the option chosen from the options offered in the e-Shop.   
    c) Entitles the Customer to download free updates of Navmax Navigation under the terms and conditions of the license he has been granted,
    d) The price of Navmax Navigation comprises downloading the App and Digital Data made available within Navmax Navigation, and obtaining rights to use the software in a scope defined in the License Agreement,
    e)Has the quality of a non-exclusive license,
    f)Is granted jointly for Navmax Navigation and Online Services, with the exclusion of Navmax Traffic Control Service whose use is possible after payment of a separate fee.
    g) The license to update Navmax Navigation is granted for up to one year, but no longer than the time of Navmax Navigation License.
  6. Terms and conditions of paid license: time coverage of the license, its scope and the price are defined in the pricelist available on e-Shop’s website.
  7. Paid license for the use of Navmax Navigation will have the form of a subscription or the form of the unlimited in time right to use the App and Digital Data downloaded with it after payment of one single fee, depending on the offer chosen by the Customer, presented on the website of the e-Shop. And the use of Online Services will be performed only on the basis of Subscription fee, whose cost will be shown on e-Sop’s website.
  8. The Service Provider reserves the right to change terms and conditions as far as Paid License referred to in subparagraph 4 is concerned within each promotion. In that case the Service Provider is entitled to present the pricelist of services changing the pricelist originally made available on e-Shop’s website. The pricelist made available during promotion will define the description of Products as well as the price ascribed to them. And remnant elements of the License (in particular exploration rights) will remain unchanged. During promotional period terms and conditions referring to promotion price list will have priority.
  9. Each Customer who has downloaded Navmax Navigation or has purchased a Receiving Device with preinstalled Navmax Navigation, independently of the type of license chosen, will receive electronically an ascribed license number (Serial Number).
  10. Each License for the use of Navmax Navigation granted to a particular Customer has its unique serial number identifying the Customer. The serial number will be stored by the Customer in Service Provider’s database.
  11. After accepting terms and conditions defined in the License Agreement, the Customer wanting to download Navmax Navigation or starting to use the Products made available under paid license should make a payment according to the pricelist or to promotion’s pricelist via Internet payment system Przelewy24.
  12. Should the Customer make use of his right to renounce the License Agreement, the Customer shall provide the Receiving Device with Navmax Navigation installed on it and give the EMAI number of the Receiving Device to Navmax’s office in order to uninstall it and permanently erase from Receiving Device’s memory. In such a case the License for the use of Navmax Navigation specimen expires automatically.
  13. The Customer renouncing License Agreement for the use of Navmax Traffic Control shall permanently stop using the serial number enabling the access to that service  he has been granted.

VII.REGISTRATION IN CUSTOMER BASE

  1. In order to use the Products, the Customer is obliged to complete the user’s registration procedure in the e-Shop, comprising in particular: filling in registration form by filling in required data in suitable cells. The registration is necessary in order to grant a  license to a precise Customer.
  2. Customer’s registration in customer  base of the e-Shop will start by entering the dialog box “Registration”. The following step of registration consists in giving personal data necessary to a regular Product supply by the Service Supplier and confirming registration by entering the dialog box “Registration”.
  3. The registration form shows data necessary to sign a contract of servicing (obligatory data).
  4. Obligatory data include:
    a) Login,
    b) E-mail,
    c) Password,
    d) Name and surname of the Customer, a natural person,
    e) Company’s name of the Customer, a legal person or organizational entity without legal personality,
    f) Address of the User ( postcode, locality, street),
    g) Telephone number of the Customer,
    h) Tax Identification Number (NIP) of the Customer being a legal person or an organizational entity without legal personality.
  5. Registration of a legal person and of an organizational entity without legal personality can be performed by a natural person duly authorized to perform any acts in connection with registration and to perform any rights and obligations of the Customer of Navmax Navigation.
  6. During registration procedure the Customer makes a declaration, by filling in appropriate forms and choosing the appropriate option, about his acceptance of the  Regulations and consent or lack of consent to receive commercial information via e-mail, as well as consent to process personal data.
  7. By registering the form the Customer declares that: 
    a) Furnished data are complete and actual,
    b) Furnished data do not violate any rights of third parties,
    c) He has got acquainted with the present Regulations and commits himself to respect them,
    d) He has got acquainted with Privacy Policy defined in the present Regulations.
    e) He has got acquainted with provisions of the License Agreement and consents in applying them.
  8. The Customer is not allowed to use a Login and password of another Customer and make accessible his Login and password to third parties, excluding cases making accessible Login and password to persons  duly authorized by the customer to act on his behalf.
  9. The Customer should keep secret the established Login and password. Loss of Login and password may make difficult the use of e-Shop.

VIII. ORDER FORM

  1. In order to make a purchase the Customer shall: Choose a product in the e-Shop by choosing the dialog box “buy now” beside the chosen product. At the moment of selecting “buy now” the chosen Product is added to the Customer’s cart.
  2. After filling the cart with Products, you should choose the dialog box “checkout”.
  3. After “checkout”, the Customer is on the website presenting details of his order, i.e., among other things:
    a) Data to draw an invoice,
    b) Mode of payment,
    c) List of Products added to the cart (including information about singular products such as name of the product, quantity, unit price, total amount of order, amount of VAT).
  4. Ordering procedure will be concluded by choosing the dialog box “order”.
  5. After the above selection, the Customer will pass to the payment system – payment operator PayU.
  6. After completing payment, the Product is available electronically:
    a) By sending to the e-mail given in registration form the serial number and information about downloading and installing the Product,
    b) By making accessible information about downloading and installing the Product on the Receiving Device on the e-Shop’s website,  in the section “my account”.
  7. The instructions for the Product use are accessible on the website http://navmax.com (bookmark “technical support”).

IX.PRODUCT’S SALE BOOKKEEPING PRINCIPLES

  1. Before proceeding to pay for Navmax Navigation or pay for subscription for the use of the Service, the Customer agrees to have invoices drawn and sent by the Seller electronically, under the Ordinance of the Minister of Finance dated 17 of December 2010 on sending invoices electronically, the principles of keeping records and making them accessible to tax authorities or to the organ of tax control, as well as keeping and making those invoices accessible to tax authorities or to the organ of tax control (Dz. U. 2005 n° 133, item 1119) and principles of drawing, sending and keeping records of an electronic invoice.
  2. The Customer agrees to have his personal data used and stored by the Service Provider in an extent necessary to draw an electronic invoice and send it to the Customer or send it or make available to appropriate tax organs.
  3. Submitted personal data will be processed by the Seller in order to send electronic invoices. Submitting such data is voluntary, but necessary in order to register in electronic invoice system. The Customer has the right to access to content of data and the right to revise them.        
  4. The agreement mentioned in subparagraph 1 is necessary  in order to pass to the module of payment activation for Navmax Navigation, or activation of subscription for Services.
  5. The Customer agrees by pressing the dialog box placed beside the information “I agree to have invoices and corrective invoices as well as invoice copies drawn and sent by the Seller electronically  under the Ordinance of the Minister of Finance dated 17 of December 2010 on sending invoices electronically, the principles of keeping records and making them accessible to tax authorities or to the organ of tax control, as well as keeping and making those invoices accessible to tax authorities or to the organ of tax control (Dz. U. 2005 n° 133, item 1119) and principles of drawing, sending and keeping records of an electronic invoice”.
  6. Should the Customer agree to have invoices drawn electronically, the Parties hereby determine that e-mail of the sender (invoice issuer) shall be: shop@navmax.com, and e-mail of the Customer shall be the e-mail of an actual Customer submitted by him during registration in the e-Shop, under the provisions of the present Regulations.
  7. The Customer who has agreed to have VAT invoices sent electronically has the right to withdraw his agreement by sending a declaration withdrawing it in electronic form or in normal written from.
  8. The Customer and the Service Provider are bound to keep invoices in electronic form in the form determined in the Ordinance mentioned in subparagraph 1, and make them available on demand of the organ of tax control.

X.RESPONSIBILITY OF THE SERVICE PROVIDER/DEFECTS/COMPLAINTS

  1. Each Customer is entitled to download a trial version of Navmax Navigation before downloading software under paid license. The Service Provider shall not be responsible for defective work on Receiving Device of Navmax Navigation downloaded under a free license. 
  2. The Service Provider shall not guarantee correct functioning of Navmax Navigation on Customer’s Receiving Device. 
  3. For a correct functioning of the software, it is necessary to have a Receiving Device fulfilling the following parameters:
    a) Processor: minimum 320 Mhz, recommended: from 500 Mhz
    b) Random Access Memory: minimum 64 MB, recommended by the Service Provider from: 128 MB
    c) Screen resolutions given on e-Shop’s website, bookmark: http://navmax.com/technical-support
  4. Navmax Navigation is fully compatible with the following types of operating systems installed on Receiving Device:
    a) Android version from 2.1 and higher,
    b) iOS from version 4.5 and higher
    c) Bada version 2.0
  5. The Service Provider shall not be liable for  defective work of the Product on Receiving Device not indicated in subparagraph 3, or should on the Receiving Device be installed an operating system other than the one indicated in subparagraph 4.
  6. Complaint
    a) In the case of a defective work of the Product, with the exclusion of cases indicated in subparagraphs b) and c), the Service Provider shall proceed to elimination of defects on demand of the Customer who has downloaded Navmax Navigation under paid license. The Customer is obliged to inform the Service Provider about defective work of Navmax Navigation within 30 days after discovering the failure.
    b) The Service Provider shall have no liability in respect of defects of Navmax Navigation that will appear two years after downloading Navmax Navigation.
    c) The Service Provider shall be liable only for defects resulting from incorrect/faulty work of Navmax Navigation; within his responsibility the Service Provider will not remove defects resulting from incorrect work of the Receiving Device or operating system installed in it.
    d) The Customer will be entitled to terminate the contract with the Service Provider should the removal of the defect, consisting in faulty work of Products, not be successful, after two attempts made by the Service Provider to remove it. The provision resulting from the sentence above shall not be applied, should the defect be a result of faulty work of Receiving Device or operating system or other applications not supplied by the Service Provider, installed in the memory or the Receiving Device.
    e) The Customer is entitled to make a complaint in connection with nonperformance  or inadequate performance of Services by the Service Provider.
    f) The complaint will be examined by the Service Provider.
    g) Correctly filed complaint should contain at least the following data:
    User’s data (name and surname or Company’s name, exact address, e-mail, serial number of the Product and Login to the e-Shop, IMEI number of the Receiving Device),
    • Object of the complaint
    • Circumstances justifying the complaint
    h) Complaints not containing the above data shall not be examined.
    i) The complaints shall be filed in the written form, by registered mail sent to the address:
    Navmax Sp. z o.o.
    Złota 61/100 Str.
    00-819 Warszawa
    Poland
    or send it via e-mail to support@navmax.com
    j) The Service Provider shall not take into account a complaint should the Customer not fulfill requirements mentioned in point VII of the Regulations.
    k) The Service Provider examines the complaint within 21 days, and replies to the Customer to the e-mail submitted during registration or in the complaint, or in the written form (to an address mentioned in the complaint). In order to respect this term, it is sufficient for the Service Provider to send a declaration before the term expires to the address of the Customer. Should the complaint not be taken into consideration, the reply of the Service Provider requires a justification.
    l) Should the complaint not be examined in the above delay, it will be deemed taken into consideration.
  7. The Service provider shall not be liable for:
    a) Loss of Customer’s data due to external factors (for example breakdown of a cable, devices, software, etc.) or due to other circumstances independent from the Service Provider (actions of third parties),
    b) Damages resulting from lack of continuity of electronic service providing, being a consequence of circumstances for which the Service Provider is not liable, in particular: force majeure, actions and omissions of third parties, irregular work of devices, etc. Among circumstances referred to in the precedent sentence may be included in particular: strikes, uproars, acts of terrorism, attacks denial of service type, storms, floods, earthquakes, bounces, hurricanes, wind-storms, organizational changes of GSM network operators, irregular data transmission in GSM network operators.
    c)Presenting by Users untrue or incomplete data during registration.
    d)Damages in connection with the loss of expected benefits, interruptions in company’s activities, loss of business information occurred as a consequence of products’ usage by Customers in a manner inconsistent with the present Regulations, the License Agreement or  legal provisions.
    e)Damages in connection with incorrect work of the Application, errors in Digital Data or errors in the reading of Digital Data resulting from installation of the Application in a manner inconsistent with Service Provider’s indications or resulting from non-implementation of Products and Digital Data required in order to use Navmax Navigation,
    f) Damages in connection with incorrect work of the Application, errors id Digital Data or errors in reading Digital Data resulting from an incorrect use of the cellular phone of the User, its physical defects, damages or its incorrect work.
    g)Damages in connection in particular with loss of expected benefits, interruptions in company’s activities, loss of business information occurred due to incorrect, inaccurate or erroneous Digital Data reading or errors in Digital Data resulting from causes independent of the Service Provider.
    h)Damages or defects in work of the Receiving Device, operating system or Navmax Navigation (Applications and Digital Data) occurred during supply from the moment the Service Provider has transmitted them to the supplier.
  8. The Service Provider warns the Customer that use of Navmax Navigation cannot substitute nor exclude due caution required from the driver of a mechanic vehicle in road traffic, as well as full respect of road traffic regulations.  The Service Provider will not be responsible for damages on persons or property resulting from lack of due caution or disrespect of road traffic regulations. 
  9. The provisions of the present Regulations do not offend nor limit rights of the Customer being a consumer in the meaning defined in part II subparagraph 16 of the Regulations resulting from the Law dated 27 of July 2002 on special conditions of consumer sales and on the change of Civil Code and the Law dated 2 of March on protection of some consumer rights and on responsibility for a damage caused by a dangerous product. The Customer as a consumer is in particular entitled  to renounce the License Agreement signed with the Service Provider  should he find an important incompatibility of the Product with the License Agreement and inform the Service Provider about that incompatibility within one month after discovering this incompatibility.
    a)Filing the complaint according to subparagraph 6 is not equivalent to informing about incompatibility of the goods with the Agreement.
    b)The Customer, as a consumer who wants to renounce the agreement due to incompatibility of the goods with the Agreement,  shall file to the Service Provider, independently of a complaint, an information on finding a defect within the time limit referred to in subparagraph 9.  
  10. The Customer will not have statutory right to renounce the agreement within 10 days after signing the License Agreement without giving the cause – defined in provisions of article 7 of the Law dated 2 of March 2000 on protection of some consumer rights and on responsibility for a damage caused by a dangerous product if, with respect to:
    a)Navmax Navigation - the Customer has saved the program in the memory (ROM or primary memory) of the Receiving Device and he has obtained an individual serial number in order to activate Navmax Navigation in the form defined in subparagraph IV item 5 letter “b” or in the case of Navmax Navigation activation defined in subparagraph IV item 5 letter “a” after performing automatic activation.
    b)Online Services -  the Customer has agreed to start have provided the service before expiry of 10 days’ term to renounce the agreement without giving the reason. Writing down on the Receiving Device the serial number activating Online Service will be deemed as the agreement made by the Customer to use Online Service.
  11. In each case when the Customer renounces the Agreement with the Service Provider, he is bound to report at his own expense to the Service Provider in order to uninstall the software, or uninstall it by himself, and the Service Provider commits himself to repay the Customer the equivalent of the price paid for software.

    NOTE: Though the Service Provider strives to have updated published information about Products, the Service Provider cannot guarantee that they are free of lapses or faults. This is why their appearing cannot be the basis for claims.  Should you have any doubts, please contact us via e-mail or phone before deciding.

XI. PERSONAL DATA OF THE CUSTOMERS /PRIVACY POLICY

  1. The Service Provider commits himself to store personal data made available to him by the Customers in a safe way, making impossible the access by unauthorized persons. To that purpose the Service Provider ensures a standard and conditions of processing and storing personal data of Customers pursuant to the provisions of the Law dated 29 of August 1997 on personal data protection.
  2. The Customer who registers in the customers’ base agrees to have personal data stored and processed in order to enable a correct performance of the service, and of the provisions of License Agreement by the Service Provider.
  3. The Service Provider is authorized to use personal data entrusted by the Customers only in order to control the correctness of use of the rights they have been granted by the License Agreement, to contact the Customer, perform online payment for Products he has ordered, and should the Customer make a separate agreement, to inform him about products and services available for him, and to send commercial information.
  4. Each person who has correctly placed an order in the e-Shop presenting personal data has the right to access to them and the possibility to correct them, change and require to remove them. Access to data is possible after logging into the e-Shop on the website https://shop.navmax.com
  5. The Service Provider processes personal data of the Users in connection with rendering services offered in the e-Shop, including examination of complaints. Personal data of Users are processed by the Service Provider for statistical needs, accounting needs, marketing needs (consisting in particular in promoting and advertising Service Provider’s and his business partners’ services and in informing about promotion actions organized by the Service Provider) and for purposes in connection with services rendered to the Users by the Service Provider  (including examination of complaints).
  6. The administrator of personal data, within the meaning of the Law on protection of personal data, is IQ PL Sp. z o.o. with its seat in Gdańsk, 2 Starodworska Str., 80-137 Gdańsk, entered into the Business Register administered by the District Court in Gdańsk, , XII Commercial Department of the National Court Register under number KRS 0000007725, NIP 5832736211, REGON: 192478853 by virtue of appropriate contract with Navmax Sp. z o.o.
  7. In the scope defined above personal data given by the Customer during registration can be used for checking whether the registering person fulfills requirements demanded by Regulations. Data for contact will be also used by the Service Provider to send information to the Users about the Company and services rendered. The User can at any time give up receiving such information.
  8. Use by the Service Provider of Users’ personal data for marketing purposes signifies their use in particular to send, insert and receive commercial information from the Service Provider or Service Provider’s partners via e-mail, only after prior consent of the User, made after informing the User about the kind of data, purpose and scope of their process. Such a consent may be withdrawn at any time.
  9. The consent to process data for marketing purposes made via e-mail shall not be a condition to sign an agreement on rendering services.
  10. The Service Provider applies up special caution in connection with maintaining privacy of the Customers and personal data protection, including caring for safety of those data thanks to special technical and organizational means. The Service Provider in particular protects data from sharing it with unauthorized persons, as well as from its unlawful processing. The Service Provider permanently controls the process of data processing and limits the access to data as much as possible, by granting appropriate authorizations only when it is necessary for the correct service providing.
  11. Users’ personal data may be made available to entities authorized under the law, including enforcement agencies and judicial authorities.
  12. The Service Provider gives to the Customers the possibility of removing personal data from the personal data base, but not earlier than after denouncing or terminating the Agreement on service providing. The Service Provider may refuse to delete personal data of the Customer, should the Customer not settle all amount  due to the Service Provider or have infringed the Regulations or binding law by his hitherto behavior, and should keeping his personal data be necessary in order to clarify those circumstances and verify Customer’s liability.
  13. The Service Provider may collect and store dynamic information about speed on particular stretches of roads from Customers who use Navmax Navigation’s Navmax Traffic Control Service. The Service Provider may also collect and store information about Products used by the Customers. Collecting and storing the information above mentioned takes place in a manner excluding identification of the User from which that information is collected. In particular collecting the above mentioned information takes place in a manner excluding its matching with:
    a) Personal data of the User,
    b) Telephone number of the User.

XII.FINAL PROVISIONS

  1. Regulations and the License Agreement signed on its basis are subject to the Polish law.      
  2. Should any of the provisions of the Regulations be recognized not legal under a valid court decision, the remnant provisions of the Regulations remain in force.
  3. To all matters not settled herein will be applied provisions of the Law on rendering services electronically, of the Law on personal data protection, of the Civil Code, of Copyright Law and of related Laws, as well as other appropriate regulations by law.
  4. The License Agreement annexed to the present Regulations is an integral part of the Regulations.
  5. The Regulations come into force on the 30th day of July 2013.
  6. Changes in Regulations must be available on Navmax’s website.