Terms and conditions of Warta insurance
REGULATION OF INTERNET SERVICE TO ENTER INSURANCE AGREEMENT FOR AGENCY OF AGENCY/TV/RTV/AUDIO/IT/PRENEWABLE EQUIPMENT
§ 1. DEFINITIONS
Whenever the following terms are used in the body of the Terms and Conditions of the Website:
- Regulations - means these Regulations of the Website, as required by Article 8 of the Act of 18/07/2002 on the provision of services by electronic means (consolidated text, Journal of Laws of 2016, item 1030, as amended). The Regulations, as a PDF file, are available only to persons interested in insurance who have received an individual offer to conclude an insurance contract. The Regulations file is made available through a link sent to the email address provided by the Policyholder, in a form that allows its acquisition, reproduction and recording;
- Internet Service Administrator or Administrator - means a company under the name of ROLV Group Sp. z o.o. with its registered office in Pruszków, 6 Traktowa Street, registered in the National Court Register by the District Court w/dla Warsaw, XIV Economic Department of the National Court Register under the KRS number 0000387535, NIP 5342472319, REGON 142955045 .
- Insurance - means an insurance contract for household appliances/TV/RTV/AUDIO/IT/PRODUCTIVE equipment purchased from online or stationary stores operated by the Administrator of the Website, against the risks specified in the content of the contract and/or general terms and conditions of insurance. Depending on the type of equipment, the scope and duration of insurance coverage provided may vary. .
- Policyholder - means a natural person not engaged in business activity and a person making a purchase for a purpose not related to his/her professional activity - a consumer within the meaning of Article 221 of the Civil Code, or a natural person engaged in business activity, or a legal person, or an organizational unit without legal personality, who has received an individual offer of Insurance, along with a link with access to the Website;
- Insurer - means the company under the name of Towarzystwo Ubezpieczeń i Reasekuracji Warta S.A., with its registered office in Warsaw (00-805), at 85/87 Chmielna Street, entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Department of the National Court Register, under KRS No. 16432, NIP 5210420047, share capital of PLN 187,938,580.00;
- Telecommunication and Information Technology System - means a set of cooperating IT devices, together with software, allowing the use of the Website, in accordance with its purpose;
- Internet Service or Service - means a separate part of the ICT System, in particular software, owned by the Administrator and/or third parties making available to the Administrator a part of the ICT System belonging to them, or rights to use a part of the ICT System, enabling the Policyholder to accept an individual offer of Insurance;
- Service - means a service provided electronically which consists in enabling the Policyholder to use the Service and accept an individual Insurance offer, resulting in the conclusion of an insurance contract in accordance with its content. As part of the Service provided, the Service, after the Policyholder has checked the content of the offer and identification data, with the possibility of completing or possibly correcting them and approving the offer, redirects the traffic to the online payment transaction service in order to pay the premium. The service does not offer other services than those described above.
§ 2. GENERAL TERMS OF USE OF THE INTERNET SERVICE
To use the Internet Service, the Policyholder should meet the following conditions:
- have access to the Internet,
- have access to a device capable of browsing the Internet and performing actions on it (including completing the Insurance Enrollment Form, as well as saving/printing the completed Insurance Enrollment Confirmation Document) using the Internet browsers: Mozilla Firefox (version 7.0.1 or later), Internet Explorer (version 8.0 or later), Google Chrome (version 13.0 or later), Opera (version 11.0 or later), Safari (version 5. 0 or later), configured to use Java Script, Cookies and SSL, and to read PDF files (the program used to read PDF files is the free Adobe® Acrobat® Reader available at http://get.adobe.com/pl/reader/, or any other Adobe® Acrobat® program, or any compatible program that can read PDF files),
- have an active e-mail box capable of receiving e-mail messages,
§ 3. TERMS OF SERVICE PROVISION BY INTERNET SERVICE
- The Internet Service allows the Policyholder to accept an individual offer of Insurance, resulting, if accepted, in the conclusion of an insurance contract, in accordance with the offer.
- To read the Insurance offer, use the link sent via e-mail. When the link is opened, it redirects to the individual insurance offer intended for a specific Policyholder.
- The Policyholder, when reading the contents of the offer, is obliged to check its contents for compliance with the arrangements made with the Insurer's representative and their correctness. In individual cases, the Insurer, may be required to complete missing data, as well as to correct them if they are incorrect.
- When using the Service, the Policyholder will also be required to check boxes confirming that he/she has read these Terms and Conditions, or other documents mentioned, and to give his/her consent to the activities indicated on the Service.
- Information in the form will indicate which items of the form are mandatory to complete. If it is mandatory to fill in, or mark a particular item of the form, and the Policyholder fails to fill in/mark it, the Website will prevent further use until the deficiency is filled in.
- While filling out the form, the Online Service may check the correctness of the data entered, in particular with regard to the PESEL number, or NIP number, in order to minimize errors when entering missing data, or checking them.
- After checking and possibly completing/correcting the identification data, the Policyholder, if accepting the offer, approves it. Once the offer is approved, the Web Service redirects the Policyholder to a transaction service that allows online premium payment.
- If the offer is inconsistent with what the Policyholder has agreed with the Insurer's representatives, the Policyholder contacts the Administrator or the Insurer's representative directly. The service does not allow modification of the contents of the offer.
§ 4. PROTECTION OF INSURER IDENTIFICATION DATA
- Policyholders' identification data contained in the individual offer of Insurance shall be subject to legal protection, in accordance with the applicable legal order.
- Personal identification data of Policyholders having the nature of personal data are subject to protection in accordance with Regulation (EU) 2016/2017 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
- The basis for data processing is Article 6(1)(B) of the General Data Protection Regulation of April 27, 2016
- Personal data are provided on a voluntary basis, however, the provision of such data by the Policyholder is a necessary condition for the preparation of an individual offer of Insurance, and then the conclusion of the insurance contract . The Policyholder has at any time the right to obtain information about the content and scope of processing of his/her data and the right to correct them by contacting the administrator of personal data.
- Personal data administrator
- The administrator of the personal data collected in the framework of the creation and implementation of individual Insurance offers, within the meaning of the provisions of the Personal Data Protection Act, is the Insurer.
- The administrator of the Website processes the personal data of Policyholders, based on the agreement concluded with the Insurer. The Policyholders' personal data is processed to the extent necessary to conclude the Insurance Agreement.
§ 5. DUTIES, RIGHTS AND RESPONSIBILITIES OF THE INTERNET SERVICE ADMINISTRATOR
- The Administrator of the Internet Service is obliged to keep the Internet Service operational and functional in order to enable verification of individual Insurance offers, acceptance thereof and conclusion of Insurance contracts.
- In the event that the Insurer or the Administrator decides to shut down the Website, its functionality will be disabled at the earliest on the day following the expiration date of the submitted Insurance offers.
- In the event of a failure of the Website disabling access to it, or limiting the functionality of the Website in such a way as to make it impossible to verify the offer, the data contained therein and the conclusion of an insurance contract, the Administrator will immediately proceed to rectify the failure.
- If the shutdown of the Website occurs for reasons that are force majeure, the Administrator shall, to the best of its ability, immediately take steps to restore the efficiency/functionality of the Website, once the force majeure event has ceased.
- The Administrator of the Website shall not be liable for damages caused by or related to the non-performance or improper performance of the Service, including damages actually incurred, any consequential damages, indirect damages or loss of anticipated benefits, loss of data, destruction or failure of computer equipment, costs of replacement hardware and software, downtime, if they are the result of the behavior of the Policyholder or the behavior of third parties for which the Administrator is not responsible or which are the result of a force majeure event.
- Force majeure shall be understood, in particular:
- Failure of the Internet network or its parts, power grid failures, telecommunications network failures, outbreak of war, fire, flood, earthquake, hurricane, strike, acts or omissions of government institutions, causes related to decisions of GSM operators,
- unlawful acts of third parties, in particular intrusions into the computer system and/or effects caused by computer viruses, or similarly acting programs,
- other circumstances or events beyond the Administrator's control and preventing the proper functioning of the Website.
- The Internet Service Administrator's liability for non-performance or improper performance of the Service, is limited to the damage actually suffered by the Policyholder, which is a normal consequence of the act or omission. The Administrator's liability for consequential damages, indirect damages or loss of anticipated benefits is excluded. .
§ 6. COMPLAINTS
- All complaints regarding the functioning of the Website shall be clarified by the Administrator, including, in particular, the inability to use it, or its malfunction.
- Complaints should be reported by e-mail, using the e-mail address: ubezpieczenia@mi-home.pl, with the word "complaint" in the subject line of the message, within 7 days, counting from the day on which the inability to use the Internet Service and/or its malfunctioning was found.
- In submitting a complaint, the Policyholder should indicate what he is complaining about (what the inability to use the Internet Service and/or its malfunction consists of),and when and under what circumstances it was found. In reporting the complaint, the Policyholder should refer to the email containing the individual Insurance offer.
- The Administrator undertakes to consider the reported complaint within 14 days, counting from the day of its receipt.
- Complaints may also be submitted by letter - to the address indicated in § 1 item 2), with the note "complaint".
§ 7. FINAL PROVISIONS
- The Regulations shall come into force as of 29.03.2021. If the content of the Rules and Regulations is amended by the Administrator, the new Rules and Regulations shall come into force as of the date of their enactment, and shall apply to Policyholders using the Website and joining the Insurance after the date of enactment. The Administrator is obliged to attach the current Regulations to individual offers of Insurance. If any doubt arises as to which Regulations apply in a given case, it is assumed that the Regulations immediately preceding the disputed event will apply.
- Any disputes related to the operation of the Website and/or the Service provided by the Website shall be resolved amicably in the first instance. If an amicable settlement is not reached, the dispute will be resolved by the common courts of competent subject matter and local jurisdiction, in accordance with generally applicable laws.
- In matters not covered by these Regulations, the relevant universally applicable laws shall apply.