{"service":{"name":"MultiSport","url":"https://www.kartamultisport.pl/en/regulations","lang":"ENG","sector":"Sport","hq":"Poland","hq_category":"Poland","is_public":"Public","is_paid":"Optionally paid","date":""},"document":{"title":"","text":"TERMS AND CONDITIONS OF ELECTRONICALLY SUPPLIED SERVICES BY BENEFIT\nSYSTEMS S.A.\nTERMS AND CONDITIONS\nOF ELECTRONICALLY SUPPLIED SERVICES\nBY BENEFIT SYSTEMS S.A.\nTable of contents:\n§ 1 General Provisions. Definitions\n§ 2 Rights and Obligations of the Service User. Account Registration\n§ 3 Withdrawal from, and Termination of the Account Agreement\n§ 4 Technical requirements. Particular risks of using electronically supplied services\n§ 5 Personal data\n§ 6 Intellectual Property Rights\n§ 7 Contact and Complaints\n§ 8 Liability\n§ 9 Amendments to these Terms and Conditions\n§ 10 Final Provisions\nAppendix 1 – terms and conditions of using kartamultisport.pl website\nAppendix 2 – terms and conditions of using multilife.com.pl website\nAppendix 3 – terms and conditions of using emultisport.pl website\nAppendix 4 – terms and conditions of using MultiSport mobile application\nAppendix 5 – Model withdrawal statement from the Account Agreement\nAppendix 6 – specimen form of the withdrawal from the MultiSport Card/ MultiLife Service\nUse Agreement\n§ 1 General Provisions. Definitions\nThese Terms and Conditions have been drawn up to meet the obligation referred to in Article\n8(1)(1) of the Act of 18 July 2002 on Electronically Supplied Services. The Terms and Conditions\nset out the conditions and terms of using:\nkartamultisport.pl website, and\nmultilife.com.pl website, and\nemultisport.pl website, and\nMultiSport Mobile App.\n\n§ 1 - 10 of the Terms and Conditions lay down common terms and conditions for Websites and\nthe Application are presented in subpara. 1 above, while Appendices 1 – 4 of the Terms and\nConditions lay down detailed provisions on individual Websites and the Application:\nAppendix 1 – relating to the kartamultisport.pl website,\nAppendix 2 – relating to the multilife.com.pl website,\nAppendix 3 – relating to the emultisport.pl website,\nAppendix 4 – relating to the MultiSport mobile application.\nIf provisions of § 1 - 10 of the Terms and Conditions and of the Appendix differ between each other,\nprovisions of the Appendix shall prevail.\nThe Service User shall be bound by these Terms and Conditions (including provisions of the\nrespective Appendix 1 – 4) which apply to that Website or the Application which the Service\nUser uses (e.g. if the Service User does not use the emultisport.pl website, provisions of the\nTerms and Conditions relating to the emultipsort.pl website do not apply to that Service User).\nThese Terms and Conditions shall be published in the appropriate tab of the Website or the\nApplication, as mentioned in subpara. 1 above, the Service User may display and fix the text of\nthe Terms and Conditions in any technically possible way.\nThe following capitalised terms used in these Terms and Conditions shall have the following\nmeaning:\nMultiSport Application, Application – a set of services and features available to the Service\nUsers in the MultiSport mobile app, owned by Benefit Systems, designed for, but not limited to,\nthe authentication of the right to use the services provided at a Facility (with a Mobile Card,\nwithout the need to present a plastic microchip Card) and verification of the Service User’s\nidentity,\nBenefit Systems – Benefit Systems S.A., with its registered office in Warsaw, at the following\naddress: Plac Europejski 2, 00-844 Warsaw, entered in the Register of Entrepreneurs in the\nNational Court Register kept by the District Court for the Capital City of Warsaw, 13th\nCommercial Division of the National Court Register (KRS), with the KRS Number: 0000370919,\nNIP 836-16-76-510, REGON 750721670, e-mail address: bok@benefitsystems.pl, tel. no.: (22)\n242 42 42,\n\nPassword – a sequence of letters, digital or other characters used to secure access to the\nAccount of the Service User. The password must meet the following criteria: have at least 8\ncharacters, including one capital letter, one lower case letter, one digit and one special\ncharacter (e.g. !, $, &),\nMultiSport Card, Card – a personal card issued by Benefit Systems, which entitles the User to\nuse the MultiSport Program services available for a specific Card type. The Card may be in the\ntraditional format of a plastic chip card bearing the User’s signature, or in the electronic format\nof a digital record in the Application, hereinafter referred to as the “Mobile Card”. The terms\nand conditions of use of the Card shall be defined in a separate \"Terms and Conditions of Use\nof MultiSport Programme Cards\" document, available at https://www.benefitsystems.pl/dla-\nciebie/multisport/,\nCustomer – an entity which has enabled the User to use the MultiSport Programme or the\nMultiLife Programme (in case of Employee Users, a Customer will typically be the User’s\nemployer, and in case of Users who are Additional Persons, a Customer will typically be the\nEmployer of the Employee User),\nAccount – the individual account of the Service User maintained on his/her behalf by Benefit\nSystems, after his/her registration. The Account enables the Service User to use all features of\nthe Websites and the Application available for a given Service User,\nLogin – an individual identification of the Service User, required along with the Password in\norder to use the Account. The e-mail address of the Service User entered by the Service User\nduring Registration shall be the Service User’s login,\nMobile Card – MultiSport Card in the electronic form in the Application,\nAdditional Person – a User who is not an Employee,\nPartner – an entity which provides services to the Users as part of the MultiSport Programme or\nthe MultiLife Programme on the basis of a contract with Benefit Systems,\nPlatform, eMultiSport Platform – website available at emultisport.pl designed for the\nadministrative support of the MultiSport Programme and MultiLife Programme. A Service User\nmay access eMultiSport Platform only if the Customer has enabled him/her to use that Platform,\nEmployee – a natural person who is an employee of the Customer under a contract of\nemployment or one who collaborates with the Customer under a contract of mandate, task-\nspecific contract, cooperation agreement, service contract or on a different legal basis,\n\nProduct – the MultiSport Card or the MultiLife Service, respectively,\nMultiLife Service – a personal product issued by Benefit Systems granting the User the right to\nuse the services specified in the MultiLife Programme which are available for the given type of\nthe MultiLife Service. The MultiLife Service is issued only in the form of an electronic record (i.e.\nthe MultiLife Service number). The terms and conditions of use of the MultiLife Service shall be\ndefined in separate “Terms and Conditions of Use of the MultiLife Programme” available at\nhttps://www.benefitsystems.pl/dla-ciebie/multilife/,\nProgramme – the MultiSport Programme or the MultiLife Programme, respectively,\nMultiLife Programme – a programme comprising a selection of wellbeing services customized\nby Benefit Systems for the Customer and provided to the Users. A User may only participate in\nthe MultiLife Programme if the Customer has enabled him/her to use the MultiLife Programme. A\ndetailed description of the range of services available for the individual MultiLife Services shall\nbe available from the benefitsystems.pl website, MultiLife tab,\nMultiSport Programme – a programme comprising a selection of sports and recreation\nservices customized by Benefit Systems for the Customer and provided to the Users. A User\nmay only participate in the MultiSport Programme if the Client has enabled him/her to use the\nMultiSport Programme. A detailed description of the range of services available for the\nindividual Cards shall be available from the benefitsystems.pl website, MultiSport tab,\nTerms and Conditions – these terms and conditions, together with all the appendices hereto\nwhich constitute an integral part hereof,\nRegistration – an activity performed in the manner specified in the Terms and Conditions,\nwhich must be completed by the Service User before all features of the Website and the\nApplication, including the Account, which are available to the Service User can be used; this\nactivity constitutes conclusion of the Account Agreement,\nMultiLife Platform – website available at multilife.com.pl, which is a collection of services and\nfunctionalities available to the MultiLife Service User after registration and logging into the\nMultiLife Platform, and a set of Service User’s data and settings related to operation of services\nafter logging in,\nMultiSport Zone – website available at kartamultisport.pl, which is a collection of services and\nfunctionalities available to the MultiSport Card User after registration and logging into the\n\nMultiSport Zone, and a set of Service User’s data and settings related to operation of services\nafter logging in,\nWebsite – website available at kartamultisport.pl or multilife.com.pl or emultisport.pl\nrespectively, together Websites,\nAccount Agreement – means a free-of-charge agreement of electronically supplied services,\nwhich is concluded between the Service User and Benefit Systems for an indefinite period of\ntime, the object of which is to maintain the Account for the Service User,\nService User – any person using the Website or the Application on terms specified in these\nTerms and Conditions,\nUser – means a natural person who uses a MultiSport Programme or MultiLife Programme,\n§ 2 Rights and Obligations of the Service User. Account Registration\nService Users may use the kartamultisport.pl or multilife.com.pl or the Application as\nunregistered or registered Service Users. Only registered Service Users who are Employees may\nuse the Website provided that the Customer has allowed them to use the Platform.\nUpon the moment the Website or the Application is actually used by an unregistered Service\nUser, an agreement of electronically supplied services is concluded, under which functionalities\nof the Website or the Application can be used in accordance with provisions of the Terms and\nConditions. The agreement is terminated upon the moment the service is actually performed.\nOnly Service Users who are at least 13 years old and have at least limited legal capacity may\nregister an Account on the Website or in the Application.\nIf the Service User is a Child under the age of 13, Registration on the Website or in the\nApplication shall be made on behalf of the child by their parent or legal guardian.\nEach Service User may hold one Account only.\nFor Registration purposes, the Service User should enter the data required in the registration\nform and accept the Terms and Conditions. Next, the Service User will receive the Registration\nconfirmation and an activation link to the e-mail address of the Service User entered during\nRegistration. The Service User should click the activation link to activate the Account. As soon\nas Registration is confirmed, an Account Agreement is concluded.\n\nRegistration or logging in is also possible via third party authentication services selected when\nchoosing the method of Registration or logging in (e.g. Apple, Facebook). To Register or log in\nusing third party authentication services, the Service User must have an account with a provider\nof such a service. Logging in via a third party authentication service is possible only after a prior\nRegistration via such a service.\nThe Account of the Service User on the Websites and the Application is integrated in such a way\nthat the Registration on one Website or Application allows the Service User to use other\nWebsites and Applications after logging in, without the need to re-register (provided that the\nWebsite or Application are available to the Service User). Essentially:\na. for Registration on the Website - the Service User logs into other Websites and Applications\nusing the Login and Password entered on the Website,\nb. for Registration in the Application - the Service User logs into Websites using the Login and\nPassword entered in the Application,\nc. in the event that the Service User’s Account is deleted from the Website, the Service User’s\nAccount shall also be deleted from other Websites and the Application,\nd. in the event that the Service User’s Account is deleted from the Application, the Service User’s\nAccount shall also be deleted from the Websites.\nRegistration of an Account and its use shall be voluntary.\nEach Service User shall be obliged to use the Website and the Application solely for his/her own\nuse and in a manner consistent with the content of these Terms and Conditions, legal\nregulations and good practices.\nThe Service User shall be required to secure the data of the Account (Login and Password,\nProduct number) against unauthorized access. The Service User should in particular make\nevery effort to keep the Password confidential and not to disclose it to third parties. The Service\nUser shall be required to immediately notify Benefit Systems in the manner specified in Article 7\nbelow of each and every breach of their Password or the Product number, and of any violation of\nthe rules laid down in these Terms and Conditions. In that case, the Service User should change\nthe Password immediately, using the appropriate functionalities within his or her Account.\nIn particular, the following shall be forbidden:\na. delivering illegal content or the Service User using the Website or Application contrary to these\nTerms and Conditions, provisions of law, good practices, or violating the personal rights of third\n\nparties and the rights and interests of Benefit Systems;\nb. modifying the Website or the Application;\nc. placing in or distributing via the Website or the Application any malicious software (including\nviruses and trojans) or other mechanisms that could cause a disruption in the operation of the\nWebsite or the Application or its functioning contrary to these Terms and Conditions;\nd. impersonating other people, providing false personal data or otherwise misleading as to the\nService User’s identity;\ne. making available to third parties one's Account.\nIf the Service User is found to have been using the Website or the Application in breach of the\napplicable regulations or these Terms and Conditions, and in particular that they engage in the\npractices described in subpara. 10-12 above, and particularly breach the security mechanisms\nof the Website or the Application or engage in other forms of hacking, Benefit Systems may,\nwith immediate effect, block such Service User’s Account. Benefit Systems shall immediately\nnotify the Service User of the blocking of the Account, and provide a reason for such a measure,\nto the e-mail address given by the Service User during registration. Benefit Systems may set a\ndeadline for the User to reinstate compliance with law and these Terms and Conditions, and if\nthe Service User adheres, Benefit Systems may unblock the Account.\nBenefit Systems may display information to Service Users on the Website on products and\nservices available to Product holders, including information on Benefit Systems’ own products\nand services as well as the products and services of Benefit Systems’ counterparties who offer\nadditional benefits to the Product holders (such as dietitian services, trainer services, medical\nand insurance services, as well as education and development services) in forms used over the\nInternet.\nThe Service User who gives their consent may receive push messages on the Website, i.e. short\nmessages that are displayed directly on the Website while the Service User is using the\nWebsite. The push messages may include administrative messages (such as information on a\nresponse to the Service User’s report, amendments to these Terms and Conditions, etc.), or\ninformation on products and services available to Product holders, including information on\nBenefit Systems’ own products and services as well as the products and services of Benefit\nSystems’ counterparties who offer additional benefits to the Product holders (such as dietitian\nservices, trainer services, medical and insurance services, as well as education and\n\ndevelopment services). The Service User may switch off or configure the push messages in\ntheir browser settings.\n§ 3 Withdrawal from, and Termination of the Account Agreement\n[withdrawal from the Account Agreement] The Service User has the right to withdraw from\nthe Account Agreement without cause within 14 days of conclusion of the Account Agreement.\nTo exercise the right of withdrawal, the Service User must notify Benefit Systems of his/her\ndecision by submitting a clear statement (for example a statement sent by post, by fax or by e-\nmail) to the following contact details: Benefit Systems S.A., Plac Europejski 2, 00-844 Warsaw,\naddress: bok@benefitsystems.pl, tel. no. (22) 242 42 42. For this purpose, the Service User\nmay use the form based on the specimen attached as Appendix 5 to the Terms and Conditions,\nwhich is not mandatory. In the event of a withdrawal from the Account Agreement, Benefit\nSystems shall immediately delete the Account on the Websites and in the Application. To\ncomply with the time limit for withdrawal from the Account Agreement, the Service User needs\nto send a notice of exercise of the Service User’s right of withdrawal prior to the expiry of the\ntime limit for withdrawal.\n[termination of the Account Agreement] The Service User may terminate the Account\nAgreement for convenience at any time. To exercise this right, the Service User must notify\nBenefit Systems of his/her decision using the following contact details: Benefit Systems S.A.,\nPlac Europejski 2, 00-844 Warsaw, address: bok@benefitsystems.pl, tel. no. (22) 242 42 42. In\nthe event of termination of the Account Agreement, Benefit Systems shall immediately delete\nthe Account on the Websites and in the Application, no later than within 14 days of the\ntermination notice (time limit for termination).\nService User’s withdrawal from or termination of the Account agreement is not equivalent to the\nUser’s resignation from the MultiSport Programme (i.e. the MultiSport Card) or the MultiLife\nProgramme (i.e. the MultiLife Service). The User may resign from the MultiSport Programme or\nthe MultiLife Programme at any time subject to the terms and conditions of the agreement with\nthe Customer. In order to resign from the MultiSport Programme or the MultiLife Programme, the\nUser may contact the Customer or Benefit Systems in a manner specified in Article 7 below or, if\nthe User has access to the eMultiSport Platform, he or she may effect the resignation through\nthe Platform. Detailed rules for User resignation from membership in the MultiSport Programme\nor the MultiLife Programme are laid down in terms and conditions of these Programmes,\navailable at benefitsystems.pl in the MultiSport or MultiLife tab respectively.\nThe Service User may contact Benefit Systems in all matters related to Benefit Systems\nprocessing of personal data of the Service User and matters related to the exercise of Service\n\nUser’s rights under the GDPR by using the contact form available\nat: https://www.benefitsystems.pl/formularz-dane-osobowe/, or by e-mail at\ndaneosobowe@benefitsystems.pl, tel. no. (22) 242 42 42, address for correspondence: Benefit\nSystems S.A., Plac Europejski 2, 00-844 Warsaw. The data protection officer may be contacted\nby e-mail at iod@benefitsystems.pl, and by post at: Benefit Systems S.A. Pl. Europejski 2, 00-\n844 Warszawa, in an envelope marked “IOD”.\nBenefit Systems may terminate the Account Agreement with a 14 days notice (by sending the\nnotice to the Service User by e-mail) for important reasons, such as the following\ncircumstances:\nthe lapse of uninterrupted 18 months or more since the Service User has not held a Product;\nthe Customer’s decision to withdraw the Service User’s rights to use the MultiSport Programme\nor the MultiLife Programme;\ndeath of the Service User;\ngross breach of the Terms and Conditions by the Service User, i.e. situations when the Service\nUser (closed catalogue) breaches provisions of § 2 subpara. 1, 3 – 7, 10 – 12 of the Terms and\nConditions.\nIn the event of termination of the Account Agreement, Benefit Systems shall delete the Account on\nthe Websites and in the Application within 14 days of the termination notice.\n§ 4 Technical requirements. Particular risks of using electronically supplied services\nBenefit Systems shall ensure that Service Users can use the Website via the Internet using all\npopular Internet browsers, operating systems, computer types and Internet connection types.\nBenefit Systems does not warrant and will not be responsible for ensuring that any configuration\noption of electronic equipment held by the Service User will enable the use of the Website. The\nminimum technical requirements for using the Website, subject to the previous sentence, are as\nfollows:\na. a computer or another electronic device with at least 2 Mb/s in Internet bandwidth,\nb. Operating system: Windows 7 or higher, Mac OS X 10.7 or higher, Ubuntu 10 or higher,\nc. equipped with the latest version of the web browser: Google Chrome, Firefox, Microsoft Edge,\nSafari or Opera, which will support cookies and JavaScript.\n\nBenefit Systems represents that the public nature of the Internet network and the use of\nelectronically supplied services may entail the risk of Service User’s data being intercepted and\nmodified by unauthorized individuals. Service Users should therefore use appropriate technical\nmeasures to mitigate those risks. In particular, Participants should use anti-virus software and\nsoftware protecting the identity of Internet users.\nBenefit Systems applies technical and organisational measures corresponding to the level of\nrisk, including measures to prevent unauthorized interception and modification of personal data\nsent on the Internet, in order to ensure security of messages and data transferred over the\nWebsite. Benefit Systems ensures secure transmission of data transmitted via the Website\nthrough the use of HTTPS protocol and signing data from the Service User's device with SSL\ncertificate.\nPrimary potential risks of using the Internet include:\na. malware;\nb. various types of applications or scripts which are harmful, criminal or malicious towards the\nnetwork user IT system, such as viruses, worms, trojans, keyloggers, dialers;\nc. spyware;\nd. software that tracks the Service User’s activities, collecting information about the Participants\nand sending it, without the Service User's knowledge or consent, to the author of the software;\ne. spam;\nf. unwanted and unsolicited electronic messages distributed concurrently to multiple users, often\nof advertising nature;\ng. wrongful eliciting of confidential personal information (such as passwords) by pretending to be\na respectable person or institution (phishing);\nh. attack on the Service User's IT system using such hacking tools as e.g. exploit rootkits.\nProtection against risks of the Service User’s use of the electronically supplied services is also\nafforded by:\na. active firewall,\nb. updating of any type of software,\n\nc. not opening electronic mail attachments from unknown sources,\nd. reading installation windows of applications, and their licensing terms,\ne. deactivating macros in MS Office files of unknown origin,\nf. regular comprehensive scans of the system by anti-virus and anti-malware software,\ng. data transmission encryption,\nh. installation of prevention software (attack detection and prevention),\na. using the original system and applications from legal sources.\nDetailed provisions on technical requirements and threats related to the use of electronically\nsupplied services relating to the Application are presented in Appendix 4 – terms and conditions\nof using MultiSport mobile application.\n§ 5 Personal data\nThe Benefit Systems shall be the controller of Service Users’ personal data.\nDetailed information on personal data processing is available\nat: https://www.kartamultisport.pl/obowiazek-informacyjny\n§ 6 Intellectual Property Rights\nIntellectual property rights to the Websites and Application and all content comprising or made\navailable on the Websites or the Application, such as text, artwork, logotypes, icons, images,\nphotos, audio and video files, data files, presentations, programs, navigation solutions,\nselection and layout of content presented on the Websites or the Application and any other data\nshall be protected (by copyright, protection rights to trademark and other exclusive rights)\ninuring to Benefit Systems or entities with which Benefit Systems has an agreement in place on\nthe use of such content to run the Website or the Application. No part of the Websites and\nApplication or content disseminated on the Websites and Application may be fixed, duplicated\nor disseminated in any form or manner and may not be traded without Benefit Systems' prior\nwritten consent.\nUse of the Website and the Application shall not result in the transfer of any intellectual\nproperty rights, in particular copyright to the Website or the Application or any part thereof, to\nthe Service User. Upon acceptance of these Terms and Conditions, Benefit Systems shall allow\nthe Service User to use the Website or the Application to the extent of its features as provided\n\nto the User and these Terms and Conditions, without territorial restrictions, for permitted\npersonal use.\n§ 7 Contact and Complaints\nThe Service User may contact Benefit Systems by post by writing to Benefit Systems S.A., Plac\nEuropejski 2, 00-844 Warsaw, adding the name of the concerned Website or the Application, or\nby e-mail at: bok@benefitsystems.pl or by calling (22) 242 42 42. The call will be charged at the\noperator’s rate applicable to domestic calls.\nThe Service User may lodge complaints related to the use of the Website, Application,\nMultiSport Programme or MultiLife Programme, at the discretion of the complaining person: by\nwriting to the address of Benefit Systems: Plac Europejski 2, 00-844 Warszawa, with a notation\n“Reklamacja” [Complaint] or by e-mail to: reklamacje@benefitsystems.pl, with a notation\n“Reklamacja” [Complaint] in the message’s title.\nA complaint should contain data identifying the person lodging the complaint (full name, login,\nProduct number), the exact mailing address or e-mail address for responding to the complaint\nas well as an indication of the reason for the complaint and the related request.\nA response to the complaint is provided within up to 14 days of the complaint being received by\nBenefit Systems. If the complaint does not contain the information necessary for reviewing the\ncomplaint, Benefit Systems will ask the complainant to supplement the complaint as necessary,\nand the time limit of 14 days shall run anew from the moment the supplemented complaint is\nsubmitted.\nA complaint shall be answered in writing or by e-mail, depending on how it has been lodged, to\nthe address specified in the complaint letter/message.\nComplaints shall be considered in accordance with these Terms and Conditions and the\nprovisions of law generally applicable in Poland.\n§ 8 Liability\nBenefit Systems may interrupt or disrupt provision of electronic services and provision of\naccess to the Website or the Application if the reason for such interruptions or disruptions is:\na modification, modernization, expansion or maintenance of the ICT system or Benefit Systems’\nsoftware provided that Service Users are notified of that by means of a message posted on the\nWebsite or the Application;\n\nreasons beyond control of Benefit Systems (force majeure, acts or omissions by third parties\nwhich Benefit Systems is not liable for).\nThe Website or the Application may contain links (connections) to websites that support the use\nof websites or electronically supplied services which are made available or provided by the\nPartners. Service Users shall use the websites and electronically supplied services from the\nPartners at their own risk. In addition, these Terms and Conditions shall not apply to the\nwebsites and electronically supplied services made available or provided by the Partners. In\nsuch case, terms and conditions defined separately by the Partners shall apply.\nBenefit Systems shall not be liable to Service Users for:\n1)      the Website being non-operational or difficulties in using the Website or the Application due to\nreasons attributable to the Service User;\n2)      the loss of the Password by the Service User or third parties learning the Password (regardless\nof the method used). However, Benefit Systems shall be liable if the Service User lost his/her\nPassword or third parties learn the Password for reasons which Benefit is liable for;\n3)      damage caused by an act or omission by the Service User, in particular for the use of the\nWebsite or the Application by the User in a manner inconsistent with the applicable provisions of the\nlaw or these Terms and Conditions.\nService Users may use the services available on the Website and in the Application depending\non their health and fitness level.\n§ 9 Amendments to these Terms and Conditions\nFor important reasons, Benefit Systems may make amendments to the Terms and Conditions.\nThe Terms and Conditions may be amended for the following important causes:\na. change of existing services, introduction of new services or discontinuation of some product or\nservices by Benefit Systems;\nb. change to service provision methods;\nc. brand change;\nd. change necessitated by changes to any mandatory provisions of law or their interpretation;\ne. change necessitated by administrative decisions or a court ruling or another similar act (e.g.\nguidelines of competent bodies of public administration);\n\nf. technical change relating to the operation of the Website or the Application, including change or\nenhancement of the functionalities of the Website or the Application;\ng. change motivated by an improvement in the quality of service provision or enhancement of\nService Users safety;\nh. prevention of violations of the Terms and Conditions or stopping their abuse;\na. elimination of uncertainties or interpretation doubts concerning the Terms and Conditions;\nj. introduction by Benefit Systems of organisational or technological changes, including changes\nconcerning the rules of serving Service Users, which affect the manner in which Service Users\nare served.\nEach Service User shall be notified of amendments to these Terms and Conditions by sending\ninformation of amendments to the Service User’s e-mail or additionally by posting information\nabout amendments on the Website or the Application. The text of the current Terms and\nConditions shall always be available in the relevant tab on the Website or the Application.\nChanges to these Terms and Conditions shall take effect on the date specified in the change\nnotice, but not earlier than 14 days after notification of the change. In the event that the Service\nUser does not accept the changes, he or she may terminate the Account Agreement (as\nspecified in Article 3.2 hereof).\n§ 10 Final Provisions\nThe Polish law shall apply to settlement of any disputes arising out these Terms and Conditions.\nAny such disputes shall be resolved by the common court of local jurisdiction.\nService Users shall be advised by Benefit Systems of the possibility to have recourse to out-of-\ncourt complaint and redress methods. The rules of access to these procedures are available at\nthe registered offices or on the websites of entities authorised to deal with out-of-court\nresolution of disputes. The entities include in particular consumer ombudsmen or Provincial\nInspectorates of the Trade Inspection, the list of which is available on the website of the Office\nof Competition and Consumer Protection. Benefit Systems would like to inform you that there is\nan online system for resolving disputes between consumers and traders in the EU (the European\nOnline Dispute Resolution (ODR) platform) available at http://ec.europa.eu/consumers/odr/.\nBenefit Systems shall not resort to out-of-court resolution of consumer disputes as referred to\nin the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes.\n\nThese Terms and Conditions do not restrict or waive any rights of Service Users inuring to them\nunder unconditionally applicable laws.\nProvisions of the generally applicable Polish law shall apply to matters not regulated by these\nTerms and Conditions.\nThese Terms and Conditions shall come into effect on 14 February 2022.\nAppendix No. 1\nTerms and conditions of using kartamultisport.pl website\nFor unregistered Service Users, the MultiSport Zone supports searching for Facilities and\nbrowsing of selected content, including information about the MultiSport Programme or the\nFAQ.\nAccess to services in the MultiSport Zone shall only be provided to registered and logged-in\nService Users who hold an active MultiSport Card.\nAccess to services in the MultiSport Zone shall only be provided free of charge to Service Users\nwho hold an active MultiSport Card. In addition, the Service User shall bear the cost of data\ntransmission required to run and use the MultiSport Zone in the amount set by the\ntelecommunications operator whose services the Service User uses.\nThe Service User shall be able to use the following features in the MultiSport Zone:\na. Service User’s Account,\nb. sports facility finder,\nc. services available under the MultiSport Programme to logged-in Service Users who hold an\nactive MultiSport Card whose up-to-date range for a given Card type is available\nat www.benefitsystems.pl or kartamultisport.pl.\nBenefit Systems may allow Service Users to use other services than specified in subpara. 4\nabove and described in the MultiSport Zone or after accepting separate terms and conditions of\nsuch service.\nWhen searching for a Facility, the MultiSport Zone uses the geolocation feature. The\ngeolocation feature is disabled by default. The Service User may manually enable geolocation\nby granting consent to save the location of their device. Geolocation is not necessary for using\nthe Facility search engine.\n\nAppendix 2\nTerms and conditions of using multilife.com.pl website\nFor unregistered Service Users, the MultiLife Platform supports browsing of selected content,\nincluding information about the MultiLife Programme or the FAQ.\nAccess to services on the MultiLife Platform shall only be provided to registered and logged-in\nService Users who hold an active MultiLife Service.\nAccess to services under the MultiLife Platform may be payable to Service Users holding an\nactive MultiLife Service; the payment amount and charging terms shall be defined in the\nagreement with the Customer. In addition, the Service User shall bear the cost of data\ntransmission required to run and use the MultiLife Platform in the amount set by the\ntelecommunications operator whose services the Service User uses.\nThe Service User shall be able to use the following features of the MultiLife Platform:\na. Service User’s Account,\nb. services available under the MultiLife Programme to logged-in Service Users who hold an active\nMultiLife Service whose up-to-date range is available for a given type of Service at\nwww.benefitsystems.pl or multilife.com.pl.\nBenefit Systems may allow Service Users to use other services than specified in subpara. 4\nabove and described in the MultiLife Zone or after accepting separate terms and conditions of\nsuch service.\nAppendix 3\nTerms and conditions of using emultisport.pl website\n§ 1 Definitions. General provisions\nThe following capitalised terms used in these Terms and Conditions shall have the following\nmeaning:\nAcquirer – means an entity which handles the payment process,\nBusiness Days – weekdays from Monday to Friday, excluding public holidays,\n\nDelivery – means an actual act consisting in the delivery of a Product/Products to a User via the\nCustomer. For a MultiLife Service, Delivery consists in the Operator sending the MultiLife\nService number to the e-mail address of the User, which was entered when placing an order for\nthe MultiLife Service,\nPlatform User – means the Client or the Manager,\nOperator – means Benefit Systems,\nPayment – means payment of amounts due for User membership in a MultiSport Programme or\nMultiLife Programme under the Product Use Agreement,\nTerms of Use of MultiLife Services – means the terms and conditions of using the MultiLife\nService as defined in separate “Terms and Conditions of Use of the MultiLife Programme”\navailable at https://www.benefitsystems.pl/dla-ciebie/multilife/,\nTerms of Use of MultiSport Cards – means the terms and conditions of using the MultiSport\nCard as defined in separate “Terms and Conditions of Use of MultiSport Programme Cards”\navailable at https://www.benefitsystems.pl/dla-ciebie/multisport/,\nProduct Use Agreement – means an agreement for the provision of services under the\nMultiSport Programme or MultiLife Programme concluded between the Client and the Operator\nelectronically via the Account under the rules set out in the Terms and Conditions, based on\nwhich the Operator provides the User with a service of membership in the MultiSport\nProgramme or MultiLife Programme and delivers the ordered MultiSport Cards or MultiLife\nServices respectively that entitle the User to use the services set out in the MultiSport\nProgramme or MultiLife Programme, and the Client, by making the Payment, finances or co-\nfinances the cost of membership in the Programme. The Client may conclude the Product Use\nAgreement only if the Customer makes it possible for the Client under the Master Agreement,\nMaster Agreement – means a service agreement concluded between the Customer and the\nOperator, which lays down the terms of membership in the MultiSport Programme or MultiLife\nProgramme for the Users and the time limit for placing orders for the Products (MultiSport Cards\nor MultiLife Service), the period for which the Products can be ordered, the number of Products\nof a given type available to the Client and the possible scope of financing or co-financing of the\ncost of the Products by the Client,\nClient – an Employee with full legal capacity, who uses the Platform,\n\nProduct Order – means a factual act performed by a Client using an Account that generates an\nobligation on the part of the Operator to provide the User with a service of membership in the\nMultiSport Programme or MultiLife Programme and deliver the products ordered (MultiSport\nCards or MultiLife Services) or activate them so that the User is able to use the services\nspecified in the Programme. The Client may Order the Product only if the Customer makes it\npossible for the Client under the Master Agreement,\nManager – means the Employee who uses the Platform on behalf of the Customer authorised\nby the Customer to perform activities related to administration of the MultiSport Programme or\nthe MultiLife Programme via the Platform, to the extent and under the rules laid down in the\nMaster Agreement.\nSince the Master Agreement is the basis for using the Programme, before starting to use\nthe Programme, the Platform User should obtain information about the scope and\nmanner of using the Platform or the Programme and the Platform from his or her\nemployer or the principal (Customer). The Operator makes available to Platform Users,\nthrough the Platform, information on the detailed rules of using the Programme and\nPlatform, as well as information about available MultiSport Cards or the MultiLife\nServices. The current scope of services available for different MultiSport Card types and\nMultiLife Services is listed on www.benefitsystems.pl in the MultiSport or MultiLife tab\nrespectively. The Operator may change the manner of Programme use by a particular\nPlatform User only at the request of the Customer.\n§ 2 Registration. Use of the Account\nThe Client shall Register in the manner described in § 2 of the Terms and Conditions unless the\nMaster Agreement provides otherwise.\nThe Manager shall Register as follows: The Operator creates the Manager’s Account using the\nManager’s data provided in the Master Agreement. Then, the Operator sends the Account\nconfirmation with an activation link to the Manager. The Manager should click the activation link\nto confirm the Registration, accept the Terms and Conditions and set up the Password. As soon\nas Registration is confirmed, an Account Agreement is concluded.\nThe Master Agreement may provide for another method of Registration, of which the Platform\nUser will be informed by the Operator or the Customer.\nThe Client may use the following functionalities of the Platform: enter into Product Use\nAgreement or place Product Orders, order a Product duplicate, activate and deactivate the\n\nProduct, perform other functionalities described on the Platform; the scope of functionalities\navailable to the Client is defined in the Master Agreement.\nThe Manager may use the following functionalities of the Platform: perform activities related to\nadministration of the MultiSport Programme or the MultiLife Programme via the Platform (e.g.\norder a Product, order a Product duplicate, activate and deactivate the Product, perform other\nfunctionalities described on the Platform); the scope of functionalities available to the Client is\ndefined in the Master Agreement.\nIf the Operator or Customer terminates the Master Agreement, Benefit Systems shall block\naccess to the Platform for Platform Users of that Customer, on the day the Master Agreement is\nterminated. Platform Users shall continue to have an Account and shall be able to use other\nWebsites and Applications (other than the Platform).\nIf the Customer decides to deprive the Platform User from the right to use the Platform or the\nMultiSport Programme or the MultiLife Programme, Benefit Systems shall block access to the\nPlatform to that User from the day specified by the Customer. The Platform User shall continue\nto hold the Account and shall be able to use other Websites and Applications (other than the\nPlatform).\nIf the Customer ceases to pay amounts due under the Master Agreement, the Operator may\nblock Platform access to Users of the Platform of that Customer. After the outstanding\npayments are made, the access will be unblocked.\n§ 3 Product Orders (if the Programme is fully financed by the Customer)\nA Client whose cost of membership or whose Additional Person’s cost of membership in the\nMultiSport Programme or MultiLife Programme is fully funded by the Customer places a Product\nOrder to use the services provided as part of the Programme. The scope of services available to\nthe Client results from provisions of the Master Agreement concluded between the Customer\nand the Operator, which specifically defines the rules of membership in the MultiSport\nProgramme or MultiLife Programme, the rules and method of ordering MultiSport Cards or\nMultiLife Services, the expiry date of MultiSport Cards or MultiLife Services, the number of\nMultiSport Cards of a given type or the MultiLife Services available to the User.\nIn order to place a Product Order for himself or herself, the Client selects the Product\n(MultiSport Card or MultiLife Service), agrees to the processing of personal data for the purpose\nof using services in connection with the MultiSport Programme or MultiLife Programme\nrespectively, and accepts the Terms of Use of MultiSport Card or the Terms of Use of MultiLife\nService, depending on the Programme which the User applies to.\n\nIn order to place a Product Order for an Additional Person, a Client selects the Product\n(MultiSport Card or MultiLife Service) and enters the e-mail address of the Additional Person to\nwhom the Operator will send information regarding the order for the Product so that the\nAdditional Person can fill out the required data and grant their consent to the processing of\npersonal data to use the services related to the MultiSport Programme or MultiLife Programme\nas applicable, and to accept the Terms of Use of MultiSport Cards or the Terms of Use of the\nMultiLife Services, depending on the Programme to which the Client enrols the Additional\nPerson. The Additional Person will receive, at the indicated e-mail address, a notice requesting\nthat the Additional Person fills out the data and grants consent to the processing of personal\ndata in order to use the services in connection with the MultiSport Programme or MultiLife\nProgramme respectively and that the Additional Person accepts the Terms of Use of MultiSport\nCards or the Terms of Use of the MultiLife Services respectively. Granting of the consents\nmentioned above is necessary to receive the Product. The Client will receive a notice from the\nOperator requesting that the Additional Person supplements the data and grants their consent.\nIf the Additional Person is a minor, the consent to the processing of personal data and to the\napproval of Terms of Use of MultiSport Cards or Terms of Use of MultiLife Services is granted by\nthe parent or legal guardian of the minor.\nIn the Master Agreement, the Operator and the Customer may agree on a different process of\nplacing Orders than the process described in subpara. 2 and 3 above (e.g. the Operator may\nprovide the Client with the option to attach a signed scan of a statement by an Additional\nPerson or parent or legal guardian of the Additional Person who is a minor regarding the consent\nto processing of personal data for the purposes of using the services in connection with the\nMultiSport Programme or the MultiLife Programme or the Customer shall collect and archive\nrelevant consents from Additional Person in writing).\nAs soon as the Client submits a Product Order, an automatic message with a confirmation that\nthe Product Order has been accepted will be sent to the e-mail address of the Client. The\nconfirmation will also be available in the relevant tab in the Client’s Account. The confirmation\nwill include the following information: Product type (MultiSport Card or MultiLife Service), the\ndate from which the Product will be active and, if applicable, the period for which the Product is\nordered.\nWhen the Client places the Product Order, the Operator will deliver the Product(s) in the manner\nand by the date specified in the Master Agreement.\nThese provisions will not prevent the Client from ordering the Product for himself or herself at\nthe same time, without making payment in accordance with this paragraph, and ordering the\n\nProduct for the Additional Person with an obligation to make payment in accordance with article\n4 of this Appendix 4 to the Terms and Conditions (Product Use Agreement). In such a case,\nprovisions of § 4 below apply to placing orders for Products for the Additional Person.\n§ 4 Product Use Agreement (if the Programme is financed or co-financed by the Client)\n A Client who finances or co-finances the cost of membership in the MultiSport Programme or\nMultiLife Programme (for the Platform User or an Additional Person) enters into the Product Use\nAgreement to use the services provided as part of the Programme.\nInformation about the detailed rules of using the Programme, in particular about the amounts\nand dates of Payments, is made available to the Client on the Platform in a manner which allows\nthe Client to become familiar with such information before the Platform User commences the\nprocedure of concluding the Product Use Agreement as described in the following paragraphs.\nThe Product Use Agreement is concluded for an indefinite period of time and may be terminated\nwith a notice effective at the end of the calendar month in which the notice of termination is\nmade, unless the Master Agreement stipulates otherwise.\nIn order to conclude the Product Use Agreement for himself or herself, the Client selects the\nProduct (MultiSport Card or MultiLife Service), agrees to the processing of personal data for the\npurpose of using services in connection with the MultiSport Programme or MultiLife Programme\nrespectively, and accepts the Terms of Use of MultiSport Card or the Terms of Use of MultiLife\nService, depending on the Programme which the User applies to.\nIn order to conclude the Product Use Agreement for an Additional Person, a Client selects the\nProduct (MultiSport Card or MultiLife Service) and enters the e-mail address of the Additional\nPerson to whom the Operator will send information regarding the order for the Product so that\nthe Additional Person can fill out the required data and grant their consent to the processing of\npersonal data to use the services related to the MultiSport Programme or MultiLife Programme\nas applicable, and to accept the Terms of Use of MultiSport Cards or the Terms of Use of the\nMultiLife Services, depending on the Programme to which the Client enrols the Additional\nPerson. The Additional Person will receive, at the indicated e-mail address, a notice requesting\nthat the Additional Person fills out the data and grants consent to the processing of personal\ndata in order to use the services in connection with the MultiSport Programme or MultiLife\nProgramme respectively and that the Additional Person accepts the Terms of Use of MultiSport\nCards or the Terms of Use of the MultiLife Services respectively. Granting of the consents\nmentioned above is necessary to receive the Product. The Client will receive a notice from the\nOperator requesting that the Additional Person supplements the data and grants their consent.\n\nIf the Additional Person is a minor, the consent to the processing of personal data and to the\napproval of Terms of Use of MultiSport Cards or Terms of Use of MultiLife Services is granted by\nthe parent or legal guardian of the minor.\nIn the Master Agreement, the Operator and the Customer may agree on a different process of\nentering into the Product Use Agreement than the process described in subpara. 4 and 5 above\n(e.g. the Operator may provide the Client with the option to attach a signed scan of a statement\nby an Additional Person or parent or legal guardian of the Additional Person who is a minor\nregarding the consent to processing of personal data for the purposes of using the services in\nconnection with the MultiSport Programme or the MultiLife Programme or the Customer shall\ncollect and archive relevant consents from Additional Person in writing).\nThe Client indicates whether the use of the services specified in the Programme is to start\nbefore the lapse of the Product Use Agreement by selecting the appropriate option on the\nPlatform.\nNext, the Client selects the “Payment” or equivalent instruction from the relevant Platform tab.\nSelecting a “Payment” or equivalent instruction means that an offer is placed with the Operator\nfor entering into a Product Use Agreement. This offer is promptly accepted by the Operator by\nsending to the Client a confirmation of conclusion of the Product Use Agreement referred to in\nsubpara. 9 and 10 below.\nAs soon as the Client selects the “Payment” or equivalent instruction, an automatic message\nwith a confirmation of conclusion of the Product Use Agreement will be sent to the e-mail\naddress of the Platform User, as entered in the Account details. At this moment, the Product\nUse Agreement is entered into. The confirmation will also be available in the relevant tab in the\nClient’s Account.\nThe confirmation of the Product Use Agreement conclusion will include, among others, the\nfollowing information: Product type (MultiSport Card or MultiLife Service), the date from which\nthe Product will be active, payment dates, the method and date of Product Delivery, Product\nexpiry date if any, and a notice on the right of withdrawal from the Product Use Agreement.\nUpon conclusion of the Product Use Agreement and making the Payment, the Operator shall\ndeliver the Product(s).\nThe amount of Payment binding on the parties to the Product Use Agreement is the amount of\nfinancing or co-financing of the cost of Programme membership by the Client, is expressed in\nPolish zlotys and is indicated in the Platform when the Client orders the Product.\n\nThe Client may instruct that Platform payments for services be made by the Operator in the\nform of recurring card payments.\nIf such an instruction is placed, the Operator is responsible for the correct payment order.\nAt any time during the term of the Product Use Agreement, the method of making payments\nmay be changed.\nThe Operator will issue accounting documents in accordance with governing provisions of the\nlaw for the costs of Programme membership incurred by the Client and paid through the\nPlatform at the amount corresponding to the payment made.\n§ 5 Payments\nPayments made on the Platform by a bank transfer or payment card in connection with the\nProduct Use Agreement will be processed by PayU S.A. with its registered office in Poznań at ul.\nGrunwaldzka 186, entered into the Register of Entrepreneurs kept by the District Court for\nPoznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register,\nunder KRS No.: 0000274399, NIP (Tax Identification Number): 779-23-08-495, REGON\n(statistical number) 300523444, as the Acquirer.\nAfter conclusion of the Product Use Agreement, the Client may choose the method of making\npayments:\na. on his/her own, in which case the Client is obliged to order Payments to the Acquirer before\ncommencement of each consecutive Settlement Period within the time limit specified in the\nProduct Use Agreement, or\nb. via the Operator, in which case the Operator is obliged to order Payment to the Acquirer by the\ndates specified in the Product Use Agreement, without the need for the Client to submit\ninstructions in this regard each time.\nA Client makes Payments on his/her own. The Operator will not charge the Client any fees for\nexecution of Payments through the Acquirer.\nFailure to make the Payment by the date prescribed by the Product Use Agreement results in\nthe Product being blocked, i.e. suspension of the right to use the services specified in the\nProgramme. The Operator will not charge any Programme membership fees for the period of\nsuspension.\n\nIf the Product remains blocked due to failure to make the Payment for a period longer than 9\nconsecutive months, the Operator may terminate the Product Use Agreement with a one\nmonth’s notice (i.e. one month before termination of the Agreement, the Operator will send an\nelectronic message to the Client informing him or her about the planned termination of the\nProduct Use Agreement).\nThe Client may file any complaints due to non-performance or improper performance of\nPayment services to the Acquirer or to the Operator.\n§ 6 Withdrawal from the Product Use Agreement\nThe Client may withdraw from the Product Use Agreement in whole or in part without stating the\nreason within 14 days of the date of conclusion of the agreement, i.e. from the date of receipt of\nthe confirmation of its conclusion as referred to in article 4.9 and 4.10 along with the instruction\non the right of withdrawal.\nTo exercise the right of withdrawal, the Client must notify Benefit Systems of his/her decision by\nsubmitting a clear statement (for example a statement sent by post, by fax or by e-mail) to the\nfollowing contact details: Benefit Systems S.A., Plac Europejski 2, 00-844 Warsaw, address:\nbok@benefitsystems.pl, tel. no. (22) 242 42 42. For this purpose, the Client may use the form\nbased on the specimen attached as Appendix 6 to the Terms and Conditions, which is not\nmandatory. To comply with the time limit for withdrawal from the Product Use Agreement, the\nClient needs to send a notice of exercise of the Client’s right of withdrawal prior to the expiry of\nthe time limit for withdrawal.\nWhen using Products issued to Additional Persons, withdrawal from the Product Use Agreement\nwith respect to the product issued to the Employee also means withdrawal from the Product Use\nAgreement with respect to all Products issued to Additional Persons, unless otherwise specified\nin the Master Agreement.\nIf the Client withdraws from the Product Use Agreement, the Operator shall refund the Client for\nthe amounts paid by the Client as part of financing or co-financing of Product costs (including\nthe costs of Product delivery, with the exception of additional costs arising out of the method of\ndelivery as selected by the Client, other than the least expensive ordinary way of delivery\noffered by the Operator), using the same means of payment used by the Client, unless the\nClient specifically agrees to a different type of refund that does not involve any costs for the\nClient.\nThe money will be refunded immediately, at the latest 14 days after the Operator receives of the\nClient’s notice of withdrawal from the Product Use Agreement.\n\nFor MultiSport Product, if, at the Client’s express request, the use of the services specified in\nthe Programme started before the end of the period for withdrawal from the Product Use\nAgreement as referred to in subpara. 1 above, the Client is required to pay for the services\nprovided by the Operator in respect of the Card issued to the Employee and the cards issued to\nAdditional Persons until withdrawal from the Product User Agreement, in the amount of 1/30 of\nthe monthly fee for the use of the services specified in the Programme for each day on which\nsuch Services are used by the Client or Users who are Additional Persons. The Platform\nOperator may deduct this amount from the amount of refund for the services referred to in\nsubpara. 5 above.\nFor MultiLife Service, if the Product Use Agreement for a MultiLife Service is concluded less\nthan 14 days before the date on which the MultiLife Service is activated and if, at the Client’s\nexpress request, the use of the services specified in the Programme started before the end of\nthe period of withdrawal from the Product Use Agreement and the Client has been notified by\nthe Operator of the loss of the right to withdraw from the agreement, then the Client will not be\nentitled to withdraw from the Product Use Agreement for the MultiLife Service (in accordance\nwith article 38 (13) of the Act on Consumer Rights).\nAppendix 4\nTerms and conditions of using MultiSport mobile application\n§ 1 Definitions. General provisions\nThe following capitalised terms used in these Terms and Conditions shall have the following\nmeaning:\nIdentity Document – a document which may be used to prove the User’s identity, showing his\nor her full name and photograph, issued by a public administration authority (in particular, an\nidentity card, passport, residence card, driver’s license), a professional self-government\nauthority (service card), primary school, secondary school, art college (school IDs) or tertiary\nschools (student IDs). An employee badge shall not be regarded as an Identity Document. An\nIdentity Document shall also be accepted in the form of presenting the screen of the User’s\nmobile device showing his or her personal data via the mTożsamość (mIdentity) feature of the\nmObywatel (mCitizen) app,\nChild – a child of the Employee aged under 15,\nKids Card – a Card issued by Benefit Systems to a Child, i.e. MultiSport Kids Card, MultiSport\nKids Aqua Card, MultiSport Plus Dziecko Card, MultiSport Classic Dziecko Card, MultiActive\n\nDziecko Card, MultiActive Kids Card, MultiSport Classic Kids Card, MultiSport Light Kids Card or\nMultiSport Light Dziecko Card,\nStudent Card – a Card issued by Benefit Systems to Youths,\nYouth – a child of the Employee between the age of 16 and 26,\nFacility – a facility where sports and recreation services are provided as part of the MultiSport\nProgramme,\nConfirmed Identity – a feature of the Application which confirms that the User’s identity has\nbeen verified.\nThe Application can be downloaded from an application store appropriate for a given mobile\ndevice, including GooglePlay, Huawei AppGallery or AppStore.\nService Users may use the Application as unregistered or registered Users.\nAny person who downloads the Application to his/her mobile device may use the Application as\nan unregistered Service User.\nAccess to services in the Application shall only be provided to registered and logged-in Service\nUsers who hold an active MultiSport Card (subject to services described in § 3 subpara. 1 and 2\nbelow).\n§ 2 Technical Requirements\nA mobile device with access to the Internet (a mobile phone or a tablet) shall be required for\ndownloading the Application.\nUse of the Application shall require a mobile device (a mobile phone or a tablet) with the\nAndroid or iOS operating systems in at least the following versions: Android v. 8.0, iOS v. 14.0\nand Internet connection.\nThe technical security measures provided within the Application shall include:\nd. encryption of API connection using SSL,\ne. authorization using an OAuth server.\nBenefit Systems represents that the public nature of the Internet network and the use of\nelectronically supplied services may entail the risk of Service User’s data being intercepted and\nmodified by unauthorized individuals. Service Users should therefore use appropriate technical\n\nmeasures to mitigate those risks. In particular, Service Users should use anti-virus software and\nsoftware protecting the identity of Internet users. Benefit Systems shall never ask the Service\nUser to provide their Password in any form.\n§ 3 Functionalities\nIn case of unregistered Service Users, the Application enables searching for Facilities and\nsharing the Application with other Service Users, as well as Service Users can browse selected\ncontent, including information about the MultiSport Programme, contact details and FAQ.\nA Service User registered and logged in to the Application may use all features available to\nunregistered Service Users and the following features available only to registered Service Users:\na. Service User’s Account,\nb. pedometer,\nc. evaluating the Application and leaving comments about the Application in the additional “Rate\nApplication” module,\nd. other services described in the Application for logged-in Service Users.\nA Service User registered and logged in to the Application who holds an active MultiSport Card\nmay use the features specified in subpara. 1-2 above, and the following additional features:\na. access to the video content,\nb. adding Facilities searched in the search engine to the “Favourites\" category and giving opinions\non the Facilities,\nc. connecting the Mobile Kids Card to the Service User Account – feature available only to\nEmployee Service Users,\nd. making the Mobile Kids Card available to other Service Users registered in the Application\n(excluding other Kids Card Service Users) – feature available only to Employee Users,\ne. Confirmed Identity,\nf. other services described in the Application for logged-in Service Users who hold an active\nMultiSport Card.\nWhen searching for a Facility, the Application uses the geolocation feature. The geolocation\nfeature is disabled by default. The Service User may manually enable geolocation by granting\n\nconsent to save the location of their mobile device. Geolocation is not necessary for using the\nsearch engine.\n[connecting a Mobile Kids Card to the Service User’s Account] A Service User who is an\nEmployee may only connect to his/her Account the Kids Card issued to him/her for a Child\nregistered in the MultiSport Programme by that Service User. After confirmation of the\nconnection, the Mobile Kids Card will be displayed in the Account of the Service User as an\nAdditional Mobile Card.\n[making the Mobile Kids Card available to other Service Users registered in the\nApplication (excluding other Kids Card Service User)] Having connected the Mobile Kids\nCard to his or her Account, the Employee who is the Service User may use the feature\nconsisting in making the Mobile Kids Card available to other Service Users registered in the\nApplication (including Student Card Users, but excluding other Kids Card Users). After\nconfirmation of the connection, the Mobile Kids Card will be displayed in the Account of the\nService User as an Additional Mobile Card. If the Mobile Kids Card is made available to a Student\nCard User who is under 18 years of age, when visiting the Facility, the Student Card User and\nthe Kids Card User should report at the Facility reception (except for the Swimming Pool Facility)\nthat they are minors and present their parent's or legal guardian's consent to the visit in\naccordance with the terms and conditions in force at the Facility.\n[Confirmed Identity] In order to obtain a Confirmed Identity, the Service User should carry out\nthe process of verifying his/her identity as follows:\na. The Service User should upload his/her photo from the memory of his/her mobile device to the\nApplication, and then\nb. The Service User should present at the Facility the identity document and the Application with\nthe photo referred to in point a) above, together with the QR code or token number used to\nconfirm identity generated in the presence of the Facility staff. After confirmation of the identity\nin the Facility, the Service User obtains the status of a Service User with the identity verified in\nthe Application, which will be automatically marked in the Application with the annotation\n\"Confirmed\" on the Service User Account in the Application,\nc. the verification of the Child's identity may be carried out both by the Service User who has\nenrolled the Child in the MultiSport Programme and by the Service User to whom the Child's\nMobile Kids Card has been made available. In any case, in order to verify the identity of the\nChild, it shall be necessary to show the Child's identity document at the Facility (which does not\napply to Children not subject to the schooling obligation),\n\nd. The Service User may carry out identity verification at most Facilities; in order to confirm that a\nspecific Facility enables such identity verification, the Service User should check this at the\nwebsite at www.benefitsystems.pl/MultiSport/ via the Website’s Facility search engine or via the\nApplication’s “Search” tab before visiting such Facility.\nIf the Service User verifies his or her identity in the Application and obtains a Confirmed Identity,\nhe or she may not change his or her photo on a given mobile device (referred to in subpara.\n8(a)) for the duration of the photo change blockade (indicated in the Application). During that\ntime, the Service User may change the photo on a given mobile device by contacting Benefit\nSystems at the address: bok@benefitsystems.pl.\nThe Confirmed Identity shall be valid on a given mobile device only. If the mobile device is\nchanged or if several devices are used, the Service User should verify the identity on the new\n(next) device again.\n[pedometer] The Service User may use the feature consisting in displaying in the Application\ninformation on the number of steps taken by him/her on a given day and month, starting from\nthe moment of commencing the use of the pedometer. Data on the number of steps will be\ncollected:\na. from the Google Fit or HUAWEI Zdrowie service – for Android mobile devices,\nb. from the HealthKit service – for iOS mobile devices.\nIn order to use this feature, the Service User should:\na. have an account in GoogleFit or HUAWEI Zdrowie application or have active HealthKit service,\ndepending on the operating system available on the Service User's mobile device,\nb. connect the GoogleFit or HUAWEI Zdrowie or HealthKit service with the Application and give the\nApplication permission to display and store the number of steps.\nThe data obtained by Benefit Systems from the services indicated in this section do not constitute\nspecial categories of personal data, nor will they be used to assess the Service User's health.\nThe Service User may receive push messages, i.e. short messages that are displayed directly on\nthe screen of the Service User’s mobile device while the Service User uses or does not use the\nApplication, containing administrative information (e.g. information about responding to the\nService User’s request, amendments to these Terms and Conditions, etc.). If the Service User\nagrees, he or she may receive push messages displayed directly on the screen of the Service\nUser’s mobile device when the Service User is or is not using the Application, with information\n\non products and services available to Cardholders, including information on Benefit Systems’\nown products and services as well as the products and services of Benefit Systems’\ncounterparties who offer additional benefits to the Cardholders (such as dietitian services,\ntrainer services, medical and insurance services, as well as education- and development\nservices). The Service User may switch off or configure the Push messages in the Application\nsettings.\nThe Application may allow Service Users to use additional services upon acceptance of\nseparate terms and conditions governing a given service.\n§ 4 Using a Mobile Card and a Confirmed Identity\nOnly logged-in Service Users who hold an active MultiSport Card may use a Mobile Card and\nConfirmed Identity.\nIn order to use the services of a Facility as part of the MultiSport Programme using a Mobile\nCard, it shall be necessary:\na. for the Service User to hold an active MultiSport Card,\nb. to log in to the Application and, in the case of a Mobile Kids Card, log in to the Child's Account\nin the Application or add a Mobile Kids Card to the Service User's Account or make the Mobile\nKids Card available to another Service User,\nc. to generate a QR Code or token number,\nTo generate a QR code or token number an Internet connection is required.\nIf there is no Internet connection, the Service User can generate a QR Code or token number offline.\nThe screen with the QR Code generated should show \"Offline Code\". The Service User will be able to\nuse the QR Code or token number offline when he/she first generates a QR Code or token number\nonline when he/she has access to the Internet.\nd. presenting a valid QR Code or a valid token number to be scanned at the Facility together with:\ni. an Identity document, or\nii. a Confirmed Identity.\nIn most Facilities, the Service User may present a Mobile Card with a Confirmed Identity in order to\nuse the services available at the Facilities. In order to verify whether a given Facility accepts a Mobile\nCard with a Confirmed Identity, the Service User should check this on the following website before\n\nvisiting the Facility at www.benefitsystems.pl/MultiSport/ in the Facilities search or in the “Search” tab\nof the Application;\ne. if a QR code or token number cannot be generated in the Application, the Service User may\nobtain a QR Code or the token number with information necessary to use the services provided\nby the Facility (forename and surname of the Service User, Card type and number, information\nabout the Confirmed Identity status “Confirmed”, “Unconfirmed”, and if uploaded to the\nApplication – Service User’s photo) to the e-mail address of the Service User which is the\nService User’s Login in the Application.\nA QR Code or token number must be generated in the Facility immediately before using the\nservice of the Facility.\nThe QR Code and token number shall be one-time and they shall have a specific duration\nindicated each time in the Application.\nCancelling a visit to the Facility shall require the generation of a separate QR Code or token\nnumber and their presentation to Facility personnel.\nThe User shall not be able to use the Facility’s services unless he or she has complied with the\nprerequisites specified in these Terms and Conditions, the terms of the Card, or the house rules\nof the Partner’s Facility specified by the Partner, in particular:\na. in the event that the data on the Card or displayed by the Application on the Mobile Card does\nnot match the data in the Identity Document;\nb. in the event that the Service User carries no Card and does not use the Mobile Card;\nc. in the event that the Service User carries no Identity Document, and at the same time does not\nuse a Confirmed Identity in the Application.\nBenefit Systems shall have the right to deactivate a Confirmed Identity or block the Service User\nfrom using the Mobile Card in the following cases:\na. using the Confirmed Identity or the Mobile Card by the Service User in contravention of these\nTerms and Conditions, in particular if the Service User is not a Cardholder or if he/she uploaded\na photo of a person other than the Cardholder into the Application to obtain a Confirmed\nIdentity;\nb. reasonable suspicion of use of the Confirmed Identity or Mobile Card by unauthorised persons;\n\nc. use of the Mobile Card for a purpose which only serves to reduce the functionality of the\nApplication by deliberately limiting its availability or overloading its capacity;\nd. reasonable suspicion of any unauthorised operations related to the use of the Confirmed\nIdentity or Mobile Card.\nUsing the Application, including the Mobile Card, or deleting an Account in the Application shall\nnot affect the Service User's ability to continue using the plastic version of the Card with a chip.\n§ 5. Personal Data\nThe Controller of the Service User's personal data and – in the event that a Mobile Kids Card is\nadded to the Service User’s Account – of the Service User's Child, is Benefit Systems.\nDetailed information on the processing of personal data is available in the “Consent” tab of the\nApplication, after selecting the “More” option and then the “Settings” option.\nAppendix 5\nModel withdrawal statement from the Account Agreement\nTo submit a notice of withdrawal from the Agreement for maintaining an account on the Website / in\nthe Application with Benefit Systems, the following form of the notice may be used:\nBenefit Systems S.A.\nPlac Europejski 2\n00-844 Warsaw\nbok@benefitsystems.pl\nI ………………………………. hereby withdraw from the Agreement for maintaining an account in the Website\n/ Application: ……………………………….\nFull name………………………………………………………….\nLogin on the Website / in the Application……………………………………………………………\nAppendix 6\nSpecimen form of the withdrawal from the MultiSport Card/ MultiLife Service Use Agreement\nTo submit a statement of withdrawal from the Agreement for the Use of the Product, the following\nmodel statement may be used:\nBenefit Systems S.A.\nPlac Europejski 2\n00-844 Warsaw\n\nbok@benefitsystems.pl\nI hereby terminate the MultiSport Card/MultiLife Service Use Agreement.\nUser’s first name and surname: ………………………………………………………….\nE-mail address used to set up the Platform account: ………………………………………………………………\nNumber of the MultiSport Card / MultiLife Service of the User (if the MultiSport Card / MultiLife\nService is not delivered to the User, leave this field blank) …………………………………………………\nSCOPE OF WITHDRAWAL:\nresignation from the MultiSport Card / MultiLife Service of the Employee: YES*/NO (mark as\nappropriate):\n* In accordance with the Terms and Conditions, resignation from the MultiSport Card/MultiLife\nService by the Employee means resignation from all Cards/ Products of Additional Persons.\nor\nresignation from the MultiSport Card / MultiLife Service of the Additional Person\n(accompanying persons, children, young people, senior citizens) YES/NO* (mark as\nappropriate):\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\nFull name of the additional person: …………………………………………………………………….…\n* In accordance with the Terms and Conditions, no Cards/ Products of Additional Persons can be left\navailable if the Employee resigns from the MultiSport Card/MultiLife Service.\nName of the Employee’s employer** …………………………………………………..\nNumber of bank account to which the refund is to be made** ………………………………………………\n** Optional data; provision of such data will speed up application processing.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}