Regulations (Fun4You)

§1. GENERAL PROVISIONS

These terms and conditions (hereinafter referred to as the "Terms") define the rules for the provision of Services (defined below) offered by Telefuture Nederland BV, Spoorhaven 44-46, 2651 AV, Berkel en Rodenrijs, Netherlands. VAT: NL802509678B01, KVK: 24241933. E-mail contact: reklamacje@teleaudio.pl.
Everyone is obliged to read the Terms before using the Service.
Use of the Service is subject to acceptance of the Terms.
Using the Service is equivalent to accepting the Terms.
Use of the Services is voluntary.
Users are obliged to use the Service within the limits of the law applicable in Poland and in accordance with the provisions of these Terms.
Telefuture Nederland BV provides the Terms free of charge in a way that allows obtaining, reproducing, and recording the content of the Terms using the ICT system used by Telefuture Nederland BV, that is, on the website: https://go.cy.amazecontent.com/en-pl/terms. The Terms are also available at the registered office of Telefuture Nederland BV.

§2. DEFINITIONS

The terms indicated below and used in the Terms have the following meanings:

User – an adult natural person with full legal capacity, authorized to use a telephone operating on the network of a Polish mobile network Operator, using the Service pursuant to these Terms.
Operator (Operators) – a Polish mobile network operator.
Service (Services) – access to the gaming portal Fun4You, located at: https://go.cy.amazecontent.com/en-pl
Agreement – the agreement for the provision of the Service, entered into between the User and Telefuture Nederland BV by accepting the Terms.
SMS (Short Message Service) – a short text message consisting of no more than 67 characters (letters, numbers, special characters), which can be sent to the numbers specified in the Terms, containing content entered by the sender.
Premium SMS – a higher-rate text message service specified in §5 of the Terms, enabling access to the Service, provided in accordance with the provisions of the Act of 12 July 2024 – Electronic Communications Law, effective from 10 November 2024.

§3. METHOD OF USING THE SERVICES

The Service consists of providing paid access to content presented on the website under the name Fun4You (https://go.cy.amazecontent.com/en-pl)
The Service contains content that does not violate applicable law or generally accepted moral principles. Providing unlawful content is prohibited.
Using the Service is possible in the following manner:
1. The User who wishes to receive access to the Service sends a Premium SMS with the text GRAC to the number 92512;
2. The User then receives an SMS reply containing a code / access to the portal.
3. The portal is available at: https://go.cy.amazecontent.com/en-pl
For every correctly sent Premium SMS, the User receives a reply within no more than 1.5 hours.
Sending one Premium SMS results in providing one one-time code.
The User may use the Service an unlimited number of times.
The Service is available 24 hours a day, 7 days a week, for 30 days from the moment of its activation.

§4. OTHER RULES FOR USING THE SERVICES

A detailed description of the Services offered by Telefuture Nederland BV (along with their prices) is available in the Terms and in published promotional materials.
Telefuture Nederland BV has the right to update and develop the functionality of the Service.
The Services are paid. Fees are specified in §5 of the Terms.
The Agreement is concluded at the moment the User sends the Premium SMS.
By sending the Premium SMS, the User agrees to the performance of the Service before the expiry of the withdrawal period.
The User is not entitled to the right of withdrawal pursuant to Article 38 of the Act of 30 May 2014 on Consumer Rights, as the performance of the service begins with the User's express consent (indicated above) before the expiry of the withdrawal period.
Giving consent to the commencement of performance before the expiry of the withdrawal period is voluntary. Due to the nature of Services provided "on demand" by the User, in the case of a Distance Contract or an Off-Premises Contract, Telefuture Nederland BV may provide the Service after receiving from the User express consent to commence performance before the expiry of the withdrawal period.
The Service is available worldwide.
The Service is available on the networks of Operators (as defined above), in both prepaid (pay-as-you-go) and postpaid (subscription) systems.
A condition for the User to use the Service is having a mobile phone equipped with an active SIM card on the network of one of the Operators, enabling sending SMS and Premium SMS, as well as receiving SMS (including SMS from Premium Rate numbers).
The User should be authorized to use the phone referred to in paragraph 10 above to the extent enabling them to use the Services.
The User accessing the Service has the right to use it solely within the scope specified in these Terms. In particular, the User is not entitled to record, copy, reproduce, modify, present, publish, or distribute the Service or any part thereof in any way. The User obtains the right to use the Service in the manner described above solely for their own personal use (i.e. for the use of the person for whom the given Service is provided). In particular, this means that it is impermissible to use the Service or any part thereof for commercial purposes, including for the needs of conducting business activities, resale, or other forms of making it available to third parties.

§5. FEES FOR SERVICES

The fee for sending one Premium SMS to the number 92512 is PLN 30.75 including VAT. This is a one-time fee.
Fees are collected by Operators by adding the charge to the invoice for telecommunications services of the given Operator (in the case of a postpaid subscriber) or by deducting the due amount from the funds accumulated on the subscriber's account (in the case of a prepaid subscriber).
Fees are gross prices and include value-added tax (VAT) at the rate determined by applicable legal provisions.

§6. LIMITATIONS

Short interruptions in access to the Service, lasting no longer than 5 hours per month, may occur due to necessary maintenance and/or technical work. In the case of interruptions in access that last longer due to a malfunction, Telefuture Nederland BV will make every effort to resolve the malfunction in the shortest possible time.
The Service is available using an ICT network, in which objective circumstances and factors beyond the control of Telefuture Nederland BV may occur that affect the ability to use the Service, i.e., weather conditions, incorrect installation, insufficient signal quality, defect or failure of the ICT network.

§7. LIABILITY

Telefuture Nederland BV is liable for the failure to deliver an SMS reply within the Service on time (the reply to the SMS should be provided no later than within one and a half hours) and for the lack of conformity of the Service with the Agreement.
Telefuture Nederland BV is not liable for messages sent by the User via SMS that are not delivered or are delayed due to reasons attributable to the mobile network Operator.
Only a correctly sent Premium SMS, with the command and Premium number entered accurately, entitles the User to obtain a one-time code. In the case of an erroneous SMS, the User will receive a message regarding an incorrectly sent command. According to the rules, the fee for each sent Premium Rate SMS is charged by the Operator at the moment it is sent, even if it is an invalid SMS. Telefuture Nederland BV informs that there is no obligation to refund the cost of the Premium SMS or to resend the code if the User sent incorrect SMS content.
If the Service was not provided on time, the User has the right to demand its provision through the complaint procedure specified in §8 of the Terms. If Telefuture Nederland BV does not deliver the Service immediately or within an additional period explicitly agreed upon with the User, the User may withdraw from the Agreement. The User may withdraw without demanding the delivery of the Service if: Telefuture Nederland BV declared or it clearly appears from the circumstances that it will not deliver the Service, or the User and Telefuture Nederland BV agreed or it clearly appears from the circumstances of concluding the Agreement that a specific delivery date of the Service was of material importance to the User, and Telefuture Nederland BV did not deliver it by that date.
In the event that the Service is provided in a manner not in conformity with the Agreement, the User may demand that the Service be brought into conformity with the Agreement by submitting a complaint as referred to in §8 of the Terms.
The User may submit a statement requesting a price reduction or withdraw from the Agreement if, according to the response of Telefuture Nederland BV to the demand submitted pursuant to paragraph 4 above, bringing the Service into conformity with the Agreement is impossible or requires excessive costs:
1. Telefuture Nederland BV fails to bring the Service into conformity with the Agreement in accordance with the demand submitted by the User;
2. lack of conformity with the Agreement persists even though Telefuture Nederland BV attempted to bring the Service into conformity with the Agreement pursuant to the demand submitted under paragraph 4; the lack of conformity of the Service with the Agreement is substantial enough to justify immediate withdrawal from the Agreement;
3. it clearly appears from the statement of Telefuture Nederland BV made in response to the demand submitted under paragraph 4 that the Service will not be brought into conformity with the Agreement within a reasonable time or without significant inconvenience.
In the event of recognizing the validity of the demand for a price reduction referred to in paragraph 6, Telefuture Nederland BV will make such reduction in proportion to the price of the Service resulting from the Agreement and the value of the Service not conforming to the Agreement, taking into account its duration.
The right to withdraw from the Agreement referred to in paragraph 4 does not apply if the lack of conformity with the Agreement is immaterial.

§8. COMPLAINTS

The User has the right to file a complaint.
A complaint may be submitted:
1. electronically – using e-mail to the e-mail address: reklamacje@teleaudio.pl;
2. in writing – to the address of Telefuture Nederland BV provided in the Terms.
The complaint should contain:
1. the first and last name as well as the MSISDN used to order the Service;
2. specification of the subject of the complaint and the period covered by the complaint, presentation of the circumstances justifying the complaint, in particular indicating the moment the problem regarding the Service occurred;
3. the signature of the User – in the case of a complaint submitted in writing.
The complaint will be considered within a reasonable time. In particularly complex cases or cases requiring additional clarification, the complaint will be considered no later than within 14 days of its receipt.
The response to the complaint will be provided in electronic form to the e-mail address from which the complaint was sent by the User. In the case of submitting a complaint in writing, the User should indicate the preferred method of communication, providing an e-mail address or a residential address for a written reply.
Telefuture Nederland BV may request the User to supplement information necessary to consider the complaint, in particular to determine whether the lack of conformity of the Service with the Agreement results from the characteristics of the User's digital environment. In the absence of supplementation by the User, the complaint will not be considered. The User is obliged to cooperate in providing the data necessary to consider the complaint.
The User has the right to pursue claims in court proceedings or, in the case of a consumer, in mediation proceedings or before an arbitration court. The rules and procedures for access to out-of-court dispute resolution by consumers are set out separately in regulations or documents establishing institutions conducting such activities or in internal acts issued by them (e.g. regulations, statutes).

§9. FINAL PROVISIONS. AMENDMENTS TO THE TERMS

The Agreement is concluded for the duration of the User's use of the Service.
Telefuture Nederland BV is entitled to terminate the provision of the Service upon prior 30-day notice, which will be placed in the content of the Terms at the beginning.
Telefuture Nederland BV is entitled to introduce amendments to the Terms.
An amendment to the Terms that is not necessary to maintain conformity of the Service with the Agreement may be made in justified cases such as:
1. changes in legal regulations affecting the content of the Terms and the need to adjust the Terms in order to maintain compliance with the law;
2. changes resulting from the need to adapt the Terms to recommendations, orders, rulings, decisions, interpretations, guidelines, or decisions of authorized public administration bodies;
3. improving the operation of the Service and customer service;
4. changes related to the security of providing the Service;
5. preventing abuse associated with the use of the Service;
6. technological and functional changes to the Service;
7. changes regarding the introduction of new, additional features or options of the Service;
8. editorial changes related to the need to correct or remove editorial mistakes and errors;
9. changes of an administrative nature, including changes in identification or contact details.
Telefuture Nederland BV will inform Users about the changes indicated in paragraph 4 above by publishing information about the changes on the website: https://go.cy.amazecontent.com/en-pl/terms.
Publication will take place with 14 days' advance notice, provided that maintaining this period is possible due to the nature of the introduced changes.
In the event of an amendment to the Terms that significantly and adversely affects access to or use of the Service, Telefuture Nederland BV will inform the User of this change and the date of its implementation with 14 days' advance notice on a durable medium, provided that maintaining this period is possible due to the nature of the introduced changes.
If the User does not accept the introduced changes, they are entitled to stop using the Service.
In matters not covered by the Terms, the provisions of applicable law shall apply.
The Agreement is concluded in Polish and is subject to Polish law.
Telefuture Nederland BV is not a party to a Code of Good Practices.
These Terms enter into force on 1-10-2024.

MODEL WITHDRAWAL FORM

Addressee:
I hereby give notice of my withdrawal from the Agreement:
Date of conclusion of the Agreement:
User's full name:
MSISDN (phone number to which the withdrawal applies):
User's address:
User's signature: (only if this form is submitted on paper)
Date: