Terms of use – Regulations

These regulations (hereinafter: Regulations) have been prepared based on the provisions of generally applicable law. The Regulations define the rules of functioning of the Skær mobile application (hereinafter: the Skær Mobile Application) as well as the rules and method of providing services via it via electronic means by TRADE STATE ehf The Regulations also define the rights and obligations of users of the Skær Mobile Application as well as the rights, obligations and responsibilities of TRADE STATE ehf as the entity managing the Skær Mobile Application. The condition for using the Skær Mobile Application is to read the Regulations and accept it.

§1
DEFINITIONS

1. Mobile application Skær – a free mobile application, allowing access to promotional offers via mobile devices.

2. Regulations – this document Regulations and terms of use of the Skær Mobile Application.

3. Service Provider – TRADE STATE ehf with headquarters at Háteigsvegi 14, 105 Reykjavík, which is the owner and managing entity of the Skær Mobile Application.

4. User – a natural person gaining access to the Skær Mobile Application, having full legal capacity, acting within its framework as a consumer, i.e. a person who performs a legal action not related directly to its business or professional activity. The user may also be a person with limited legal capacity, subject to the consent of his legal representative.

§2
TERMS AND CONDITIONS FOR USING THE SKÆR MOBILE APPLICATION

1. The Service Provider is the owner and the entity managing the Skær Mobile Application. The main functionality of the Skær Mobile Application is offering the Users the possibility to familiarize themselves with the commercial offer of third parties.

2. Any rights to the Skær Mobile Application, including in particular – though not exclusively – proprietary copyrights to elements of the Skær Mobile Application belong to the Service Provider.

3. For the correct and effective use of the Skær Mobile Application, it is necessary for the User to use at least a device based on the iOS operating system (version 7) or Android (version 2.3.3 or later), but the device should be simultaneously connected to the Internet.

4. The User acknowledges that the use of software blocking the display of advertisements may adversely affect the use of the Skær Mobile Application. It is completely forbidden to use by the User as part of the Skær Mobile Application viruses, bots or other codes, files or programs that may interrupt, violate or limit the use of the Skær Mobile Application. You are not allowed to use the Skær Mobile Application or any of the services provided by the Service Provider in a manner inconsistent with the generally applicable law or morality or public morality or violating someone’s personal rights.

5. The User may use the Skær Mobile Application only for purposes not directly related to his business or business activity. In particular, this means that the User is not entitled to use the Skær Mobile Application to conduct commercial and commercial activities. The person using the Skær Mobile Application declares that they fulfill the definition of the “User” referred to in these Regulations.

§3
PRINCIPLES OF MOBILE APPLICATION SKÆR

1. Services provided by the Service Provider are provided 24 hours a day, 7 days a week.

2. In relation to the accessibility specified above, the exception may be failures which limit the Users’ access to the Skær Mobile Application. The Service Provider is in no way responsible to Users for such failures, regardless of their duration or their scope, even if they completely and permanently prevented the use of the Skær Mobile Application.

3. Placing third party commercial offers may include, in particular, providing the Service Provider with advertising newspapers and advertisements as part of the Skær Mobile Application. Ads may allow redirection to external applications, websites or phone numbers (make a phone call).

4. No actions of the User are permitted that may hinder or prevent the operation of the Skær Mobile Application or that may harm or disadvantage the Service Provider or other Users of the Skær Mobile Application or any other entity or that are inconsistent with applicable law or the Regulations or public order.

§4
RESPONSIBILITY

1. The Service Provider is not responsible for any disruptions to the proper functioning of the Skær Mobile Application caused by force major, unlawful interference of Users or other entities, failure of telecommunications networks or technical infrastructure failure.

2. The Service Provider is not responsible for temporary or permanent inability to use the Skær Mobile Application or its individual functionalities, caused by the maintenance, improvement or technological changes made by the Service Provider.

3. The content included in the Skær Mobile Application is the content of third parties that the Service Provider only aggregates or, in the case of ads, obtains from third parties and makes available to Users. As a consequence, the Service Provider is not and cannot be treated as the author of substantive content included in the Skær Mobile Application or the entity responsible for them.

§5
COMPLAINTS

1. The User is entitled at any time to submit complaints regarding malfunction of the Skær Mobile Application or incorrect way of providing services by the Service Provider in writing, ie by mail to the address of the Service Provider (Háteigsvegi 14, 105 Reykjavík) or by email to info@skaer.is.

2. The complaint should include a description of the problem and data enabling the person making the complaint to be identified, i.e. at least the name and email address of the applicant. If the applicant’s data will need to be supplemented in this respect, the Service Provider will ask the applicant – if it is possible due to the incompleteness of the data – to complete it. The service provider may also ask the applicant to supplement the complaint with other information necessary for its consideration, e.g. regarding the detailed course of the event to which the complaint relates.

3. The Service Provider shall consider complaints within 14 days from the date of receipt of a correctly filed complaint, i.e. including all data and information necessary to provide a response. The response to the complaint is provided in the same way as it was reported to the Service Provider. The applicant has the right to appeal to a common court from the manner of considering the complaint.

§6
PERSONAL DATA PROTECTION

1. Personal data are processed on the basis of the Privacy Policy (https://www.skaer.is/privacy-policy/) and on the basis of the User’s consent, granted at the first launch of the Skær Mobile Application. In the absence of your consent, any of its data is not processed by the Service Provider.

2. The Service Provider processes personal data in a manner consistent with the provisions of the generally applicable law and only for the purpose of providing services to the User and the objectives set out in the Regulations and the purposes indicated in the User’s consent.

§7
FINAL PROVISIONS

1. Both the User and the Service Provider have the right to terminate the contract for the provision of electronic services at any time, without giving reasons. The declaration of termination may be submitted in writing (letter, email) and is effective upon its delivery to the other Party. The Service Provider, together with the receipt of the statement, will immediately delete the User’s Account.

2. The Regulations are available at https://www.skaer.is/terms-of-use/ and may be recorded by the User in the form chosen by him.

3. The law applicable to the resolution of disputes arising from the Regulations, the use of the Skær Mobile Application or the contract for the provision of electronic services concluded between the User and the Service Provider at the time of Registration is Polish law.

4. The Service Provider has the right to amend the Regulations. Amendments to the Regulations come into force within 7 days from the date of its publication in the Skær Mobile Application. The publication is carried out by updating the content to which the appropriate link is available in the registration or login screen for the Skær Mobile Application and displaying the message in the designated place in the Skær Mobile Application menu.

5. In the event that the User does not accept the new content of the Regulations, he is obliged to notify the Service Provider; this type of notice is tantamount to termination of the contract for the provision of services within the meaning of paragraph 1 above. Until the delivery of notice to the Service Provider, such User shall be bound by the Regulations in the current content.