KISList.com Terms and Conditions

These terms and conditions define the rules and conditions of using the kislist.com website, hereinafter referred to as the Website.

§1

Terms

Terms used in these Terms of Service shall have the meanings set forth below:

  1. Website – the Internet service made available at kislist.com. Allows users to create shopping lists and to communicate with third parties.

  2. Service - the functionality made available by the Operator to the User via the Website, in accordance with the purchased Plan. The Service is paid for in accordance with the rules contained in the Price List.

  3. Plugin - the software under the name "KISer", which is an Internet browser add-on connected to the Website. It is used to support the implementation of the Service.

  4. Operator - MKdezere with its registered office in Warsaw, ul. Zielone Zacisze 1 / 254, entered into the Register of Entrepreneurs under number, Regon: 141 253 045 NIP: 113-222-66-58.

  5. User Account - a part of the Service dedicated to a particular user and identified by an individual login and password. Within the User Account the Service is made available to the extent indicated in the selected Plan.

  6. User - anyone who uses the Services made available by the Operator through the Website.

  7. Transaction - an agreement concluded between the Operator and the User, under which the User acquires the right to use the paid functionalities of the Website.

  8. Payment Operator - means a third party that provides the online payment mechanisms applied on the Website. The Website uses the following companies as a Payment Operator:
  9. Email - electronic mail address;

  10. Parties - Operator and User.

  11. Plan - the set of Services selected by the User.

  12. Registration - creation of an account on the Website by the User.

§2

Conclusion of Agreement / Registration

  1. In order to use the Service, the User must conclude an agreement with the Operator. Concluding an agreement consists of registering the User and making payments for using the Service in accordance with the price list.

  2. Registration takes place using a registration form available on the Website. When registering, the User must confirm acceptance of the regulations.

  3. By accepting the regulations the User:

    1. declares that the User has legal capacity - otherwise the form should be filled in by the User's statutory representative or legal guardian,

    2. declares that the User is familiar with the Regulations and undertakes to abide by them,

    3. declares that the data entered are consistent with the facts, and a violation of this requirement may result in refusal to provide the Service or termination of its provision

    4. declares that the User agrees to the processing of personal data by the Operator to the extent necessary for the use of the Service,

    5. declares that the User is responsible for the accuracy of the data entered,

    6. declares that authorizes the Operator to issue and send VAT invoices electronically without signature,

    7. accepts the Privacy Policy available on the Website: https://kislist.com/privacy-policy

  4. In order to carry out proper registration, the User must provide a valid Email address in the registration form or use the Service's registration function based on an existing account with an external service provider.

  5. If the User uses a paid Service and wishes to receive a VAT invoice, User must provide the data necessary for correct issuing of the VAT invoice. The data must be provided no later than at the time of payment.

  6. The plan chosen by the User may be preceded by a free trial period.

  7. After correct registration on the Website, the system automatically creates a User Account.

  8. The Operator grants the User a temporary, revocable, non-exclusive and non-transferable license to use the Service. The license (access to the Service) is made available for the period specified in the Plan selected by the User.

  9. If the User chooses a Plan:

    • preceded by a free trial period - User Account will be activated after registration is completed

    • not preceded by a free trial period - the User Account will be activated immediately after the required payment is credited.

  1. The User is not entitled to assign or transfer rights and obligations from the contract for providing the Service to third parties.

§3

Changes to the regulations

  1. Regulations are available on the Website in a form allowing to download, save and print them.

  2. If it is necessary to change the regulations, the Operator shall make the new version available on the Website, of which he shall inform the User by e-mail to the address in the User Account.

§4

Terms of using the Service

  1. The scope of the Services requested by the User may be defined when completing the registration form and may be modified at a later date. The scope of Services is defined in the Plan selected by the User.

  2. The Operator is not responsible for the content posted and made available by Users. The sole responsibility for the above-mentioned content and its compliance with the law is borne by the User.

  3. At the same time, the Operator reserves the right to remove materials which are against the law or violate good manners or rules of social coexistence, or request removal of such materials by the Users.

  4. The Operator declares to make every effort for efficient operation of the Service, however, shall not be liable for damages resulting from interference in its operation.

  5. In case the Service cannot be fulfilled in whole or in part due to the fault of the Operator, his liability shall be limited to the total amount paid by the User for the realization of the Service within 12 months before the date of indication by either of the contracting parties of the above mentioned problems with the providing the Service.

  6. The Operator shall have the right to temporarily disable the Service within the so-called maintenance window, in order to introduce necessary fixes or to develop the Service. Each such situation shall be communicated by the Operator via email correspondence, if possible, one week in advance.

  7. The Operator may use third parties, such as payment operators, Internet infrastructure providers, etc., in order to efficiently carry out the Services.

§5

Security

  1. The User uses an individual login and password to log on to the Website.
  2. The User is obliged to protect his/her login and password and not to make them available to third parties.
  3. User is solely responsible for the security of your access data to Website.
  4. In case of suspicion that the User's password is known to third parties, the User is obliged to change it.
  5. The Operator on its part ensures the protection of User access data within its technical and organisational capabilities. The Operator uses one-sided encryption mechanisms, which makes it impossible to learn or disclose the current User password. If an User forgets his or her password, it will be necessary to carry out a password reset procedure.
  6. The connection established with the Website is secured via the HTTPS protocol. Before sending User’s data, the User shall make sure that the padlock symbol, i.e. a secure connection, is displayed in the browser bar.

§6

Technical Requirements

kislist.com Service

Using the Service is possible only on electronic devices with constant access to the Internet with a minimum bandwidth of 1Mb/s, using the following web browsers in versions indicated below or newer:

  1. Google Chrome 51

  2. Mozilla Firefox 54

  3. Microsoft Edge 18

For proper operation, the browser must have JavaScript and cookies enabled. The use of other browsers is possible provided that they provide all the above-mentioned functions. However, the Operator does not guarantee the correct operation of the application in other browsers.

Browser extension (KISer)

KISer, a dedicated browser plug-in, can only be used on desktop devices (laptops, regular computers). A separate KISer mobile application is available for the mobile version. The list of compatible browsers and links/instructions for downloading can be found here.

§7

Personal data

  1. The personal data provided by Users while using the Website shall be administered by the Operator.
  2. The Administrator may be contacted by e-mail at iodo@kislist.com.pl or in writing at the address of the Administrator's registered office.
  3. The Operator ensures the protection of privacy at a level at least equal to the standards set out in the applicable legislation, in particular in the Act of 18 July 2002 on Electronic Provision of Services (Dz.U.2020 .344 t.j.), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: RODO) (i.e. Dz.Urz.UE.L 2016 No. 119, p.1), the Act of 10 May 2018 on personal data protection (Dz.U.2019 .1781 i.j.), as well as the Act of 16 July 2004. - Telecommunications Law (Journal of Laws 2019 .2460 t.j.).
  4. The personal data entrusted by the User are processed to the extent necessary only for:
    1. concluding an agreement for the performance of services provided electronically / off-premises;
    2. To carry out orders placed by the User for Services provided by the Operator, including contact with the User necessary due to the implementation of the order,
    3. handling payments,
    4. processing any complaints of the User,
    5. returns in the case of withdrawal from the agreement;information necessary to answer the questions asked by the User;
  5. The scope of the processed data includes, in particular, the following personal data of the User: name and surname, email address, company name in the case of natural persons conducting business and for accounting purposes - Tax Identification Number, address, telephone. The User accepts the scope by submitting a statement of consent to the processing of data within the indicated scope. The processed data shall be used by the Operator only for the purposes mentioned in 4. above.
  6. Please be informed that the Website may contain references - links enabling, in case of clicking them, reaching other websites managed by other administrators. The Operator of this Website has no influence on the privacy policy or cookie policy of such administrators and shall not be held liable for them. Therefore, it is advisable for the User to familiarise with the privacy policy of these websites and the use of cookies.
  7. The Operator may entrust data processing to the minimum extent necessary to provide the Service. In particular, this applies to the Payment Operator and the entity providing ICT infrastructure - including hosting. In such cases, the Operator declares the choice of subcontractors providing Services and processing data within the European Union.
  8. The User has the right to:
    1. access to his/her personal data, the right to supplement, correct and update the data content by means of communication with the Operator;
    2. request temporary or permanent suspension of the processing of his/her personal data, or their deletion, if they prove to be incomplete, outdated, untrue or collected in violation of law; for this purpose send a letter by registered mail, to the Operator's registered address;
    3. objection to the processing of their personal data - in cases provided for by law - and the right to demand their deletion when they become unnecessary for the purpose for which they have been collected, for this purpose one should send a letter, by registered mail, to the address of the Operator's headquarters.
    4. After the termination of the User's use of the Website, the Operator shall not process the personal data referred to in Subparagraph 5, except such data as are: permitted to be processed by law or by agreement, necessary to clarify the circumstances of the unauthorised use of the Services. In such case, the Operator shall remove all markings identifying the User and the telecommunication network termination point and the data communication system used by the User, unless the User agrees not to remove such markings.
  9. The Operator reserves the right to entrust data for further processing to a subcontractor who is the provider of the server infrastructure and the payment operator.
  10. The Operator uses and shall use a subcontractor who processes data within the European Union.

§8

Conclusion of Transactions and payments

  1. Using the Service within the Paid Plans requires the User to pay its cost in accordance with the valid price list and regulations.
  2. If User participates in a free trial, User will be able to use the full functionality of the Service, without charge, until the end of the trial period. Selection by the User of a different Plan than the maximum one after the trial period will result in limited functionality, according to the scope of the Service defined for a given Plan.
  3. Before the end of each billing period, the Operator will inform the User regarding the need to pay a fee if the User wishes to continue using the Service if the User does not use the functionality of automatic renewal of the Service.
  4. If the User uses the function of automatic renewal, the fee due and in accordance with the selected Plan will be charged automatically, without any notification of such fact, until the User revokes such instruction.
  5. Lack of payment shall result in suspension or discontinuation of the Service by the Operator.
  6. After choosing the settlement period and making the payment, the User shall immediately gain access to the ordered Service and the settlement period shall be activated.
  7. Each payment will be confirmed by an email message and, on request, by a VAT invoice sent electronically.
  8. After choosing a Plan and paying for the Service, it will be provided continuously for the whole paid period.
  9. Each time the selected Plan is changed to a higher one, it will take effect at the moment of submitting the request. The duration of the Service will be calculated proportionally taking into account the difference in prices of the Plans. Changing to a lower plan will be effective at the end of the current billing period.
  10. In case of change to a lower Plan, the User will lose access to some functionality. The User acknowledges that the Operator is not responsible for any consequences of such action.

§8-1

Payment methods

  1. Payment for Services is carried out through the billing center of the Payment Provider.
  2. Payment is possible using payment channels offered by the Payment Operator, including: cards and bank transfers.
  3. Services are activated immediately after the payment is transferred. In the case of choosing a quick transfer or payment card, usually the process takes up to a minute, in the case of a traditional transfer it may take up to several days.
  4. If the payment function through the Payment Operator's clearing center is not available, it is also possible to make a payment by bank transfer, to the account number 84 1140 2004 0000 3002 5045 4306 - in this case it is necessary to provide in a separate email the details of the order, including information regarding the selected Plan. The Service will be activated immediately after the transfer is credited.

§9

Termination of the Agreement and cessation of Service provision

  1. The duration of the Agreement depends on the Plan selected and paid by the User.
  2. The first billing period starts on the day of Service activation.
  3. If the User does not pay for the Services for the next billing period, the Agreement shall be automatically terminated after the end of the billing period.
  4. A Consumer who has concluded an Agreement remotely or off-premises, may within 14 days withdraw from it without giving any reason and without incurring costs, except for the cost of services already provided, calculated as: the cost of the ordered Plan, multiplied by the number of days for which the Service was provided and divided by the total number of days in the selected Plan.
  5. The Operator may terminate the Agreement at any time with 30 days notice.
  6. In extraordinary cases involving violation of the Terms of Service or law, the Operator may terminate the Agreement with the User effective as of the date of e-mail notification to the User.
  7. After termination of the Service, the Operator archives the User's data for a period of 30 days, during which the User may express his willingness to renew the Service and make the necessary payment, after which the Service becomes active again.
  8. If the User does not extend the Service, the deletion of the User's data will be triggered after the above period of time, after which the data will be irretrievably deleted, except for the data which the Operator is obliged by law to store for a longer period of time, e.g. billing data.

§10

Complaints procedure

  1. The User may submit a complaint regarding the Service at any time.
  2. Such a complaint should contain information unambiguously identifying the User and describing the subject of the complaint.
  3. The Operator undertakes to ensure full and comprehensive handling of the complaint and to respond to the User without undue delay, however, no later than within 7 days from the date of receipt of the complaint.
  4. The communication process of the complaint is carried out electronically.
  5. The User, who is a consumer within the meaning of Article 22 of the Civil Code, may use the opportunity to turn to Municipal and District Consumer Ombudsman.

§11

Final provisions

  1. The Operator has the right to block the access to the Service or its part for important reasons, including in particular in case of detecting irregularities in the use of the Service or in case of occurrence of circumstances that could endanger the User or the Operator.
  2. The Operator does not guarantee that the use of the Service will be faultless.
  3. With regard to information presented within the Service, which has been posted there or provided by third parties, the Seller does not bear responsibility for the validity, accuracy, or completeness of such information, as well as for its usefulness for any actions of the User.
  4. Furthermore, the Seller shall not be liable for any use of the Website by the User in a manner contrary to the provisions of these Terms of Use, applicable laws, or provisions of agreements in force between the Operator and the User.
  5. The provisions of the Regulations do not affect the possibility of claiming by Users who are consumers on the basis of mandatory legal regulations governing the protection of consumer rights.
  6. In matters not regulated in the Regulations, appropriate provisions of Polish law shall apply, including the Act of 23 April 1964. - Civil Code and the Act of 18 July 2002 on electronic services, as well as other applicable laws.
  7. Any disputes arising out of the interpretation or performance of these Terms of Use shall be resolved by a court of competent jurisdiction according to the provisions of law.