Conditions
General terms and conditions of cooperation
§ 1 Definitions
Partner – MB Partner Marcin Bohdanowicz with the registered office at ul. Rewolucji 1905 r. 82 lok. 6, 90-223 Lodz, NIP 888 289 45 28.
User – any individual who has completed the registration / application form and approved these Terms and Conditions.
Contracts – any civil law agreement concluded between the Partner and the User.
Portal – a service provided to the User by the Partner, containing the User’s data, access to which is protected by a login and password.
Contract of mandate – a contract of mandate concluded between the Partner and the User for the performance of passenger transportation services or delivery of packages with food or other items.
B2B contract – a contract between the User, who is an entrepreneur, and the Partner for the performance of services of transportation of people or delivery of packages with food or other items in person or through hired persons.
Subcontractor – a User who has entered into a B2B Agreement with a Partner and performs the subject matter of the Agreement through employed persons.
Vehicle – a car, scooter, bicycle or other means of transportation, the current user of which is the User.
Vehicle Rental Agreement – an agreement in which the User rents a Vehicle to the Partner for a fee in order to use it to perform passenger transportation services or to deliver packages with food or other items.
Apps – mobile applications and services that act as intermediaries in the performance of passenger transportation services or the delivery of packages with food or other items, such as, but not limited to, Uber, Bolt, FreeNow, iTaxi, UberEats, BoltFood, Stuart, Wolt, Jush, XpressDelivery, and others not listed here, with which the Partner may establish cooperation (hereinafter collectively “Apps”, and individually “Apps”).
Collaboration – a set of activities whereby the User, based on the Agreements, using the Partner’s equipment, the Partner’s intellectual property or other tools provided by the Partner, uses the Application and performs the services of transporting people or delivering parcels with food or other items, resulting in costs, revenues or legal consequences for the Partner or the User.
Settlement – the settlement of the money created in the course of cooperation between the User and the Partner under the concluded Agreements, resulting in the payment of funds to the User or the emergence of an obligation to return the money to the Partner by the User.
Balance – the amount of money resulting from the Cooperation that can be allocated for Settlement in accordance with the concluded Agreements.
Billing period – 7 calendar days, counting from Monday 0:00 to Sunday 23:59.
§ 2 General provisions
- Filling out the form and providing data is voluntary and free of charge. However, correct and complete provision of data is a prerequisite for starting and maintaining the Cooperation.
- The User has the option to request the deletion of data at any time, which will result in the immediate termination of any Agreements concluded with the Partner. The deletion of data shall be carried out in accordance with applicable data protection regulations.
- The User is responsible for the accuracy of the data entered. In case of use of data that does not belong to the User or is false, it will result in immediate termination of all Agreements with the right of the Partner to pursue claims in court.
- You are obliged not to share your login information, including your password, with third parties and to store it in a way that ensures security against unauthorized access.
- The Partner shall not be liable for damages resulting from unauthorized access to the User’s account if such access was enabled by an act or omission of the User, including failure to secure login credentials.
- The Partner reserves the right to temporarily disable or restrict access to the Portal without prior notice to Users in cases of maintenance, updates or due to malfunctions.
- The Partner may send to the User’s e-mail address information related to the functioning of the Service, updates, changes to these Terms and Conditions and other important information regarding the Cooperation.
- The User is obliged to use the Service in accordance with applicable laws, professional ethics, in a manner that does not violate the rights of the Partner, other users and third parties.
- The User wishing to enter into an Agreement with the Partner shall, prior to entering into the Agreement, read and accept all terms and conditions and regulations of the Application that he intends to use, and ensure that he has all necessary authorizations and equipment required to use the Application.
- Partner shall not be liable in a situation where the User has entered into the Agreement and for any reason is unable to use the services of the Application.
- The User agrees to abide by these General Terms and Conditions of Cooperation, the rules and regulations of the Application and all other rules and regulations received from the Partner during the Cooperation.
- The User is obliged to maintain confidentiality of data, documents, Agreements, regulations and any information he/she obtained from the Partner, the disclosure of which could expose the Partner to harm.
- You and Partner agree to comply with applicable laws, good industry practices and professional ethics.
- Any disputes arising from the implementation of the Agreements concluded between the Partner and the User will be resolved in accordance with Polish law, by the courts having jurisdiction over the seat of the Partner.
§ 3 Conditions for the start of the Cooperation
- The contract with the Partner can only be signed by persons who:
- Are engaged in business activities registered in Poland
- They can legally work on the territory of Poland
- Are or will be employed by the Subcontractor
- They will apply for a work permit for them and the Partner agrees to apply for and receive such a permit from the office
- They will enter all the required data in the Portal
- They will send through the Portal all the required documents in the form of photos or scans
- Will be verified by the Partner and approved will be the possibility of signing the contract
- The User shall, prior to the commencement of the Cooperation, ensure that it meets all legal requirements applicable in the territory of the Republic of Poland, including those relating to the legality of employment, possession of relevant permits and licenses allowing the provision of transportation or courier services, as well as compliance with the technical and regulatory requirements of the Application from which the services are to be provided.
- The Partner shall not be responsible for legal consequences resulting from the User’s non-compliance with the applicable Polish laws, regulations of the Application, including the consequences of operating without the required permits, licenses or in violation of labor laws.
- All Agreements must be drawn up before the beginning of the Cooperation. Partner reserves the right to refuse to execute the Settlement in case the User starts using the Application in any way prior to the conclusion of the Agreements with Partner and is unable to sign them because he/she does not meet the requirements of § 3 paragraph. 1.
- The Partner reserves the right to immediately terminate the Agreements and cease cooperation without prior notice, if it is determined that the User’s activity is carried out in violation of the law or the regulations of the Application, poses a threat to the Partner’s reputation or is unacceptable from the Partner’s point of view for any reason.
- In case of inactivity in the Applications for more than 60 days from the date of the last use of the Application, Partner reserves the right to terminate the Agreements with 7 days’ notice.
- An account in at least one of the Applications and electronic equipment that meets the requirements of that Application are required to start the Cooperation.
- Partner shall not be liable in any situation in which the inability to commence the Collaboration or the termination of the Collaboration is due to reasons dependent on the rules and regulations of the Application, technical requirements for the devices required for the use of the Application, or changes in the law preventing further Collaboration.
- The User is obliged to immediately inform the Partner of any change in the legal situation that may affect the ability of the User to perform services in accordance with the concluded Agreements, including the loss or change of permits, licenses, professional qualifications or change in the terms of cooperation with the Applications.
- In case of doubts about the legality of the User’s employment or the User’s compliance with the Application’s regulations, the Partner may suspend the Cooperation until the doubts are clarified.
- A user who signs a Contract of Assignment must submit the following documents if he or she wishes to take advantage of tax or Social Security benefits:
- student or pupil ID card or a certificate from the university or school of valid student/student status – in order not to be reported to the Social Security,
- certificate of other employment or business or other document confirming the payment of Social Security contributions on an amount higher than the current minimum wage – to report only to the health contribution.
- The Partner may periodically verify the User’s continued possession of the relevant documents described in § 3 paragraph 11, but no more frequently than once every 1 month and no less frequently than once every 3 months. If the User fails to provide new documents, the Contract of Assignment will be terminated and the User will be required to sign a new Contract and will be reported to the Social Security for full social and health contributions.
§ 4 Rules of Settlement
- The basis for any Settlement is the data generated by the Portal and any information provided by the Partner via email or SMS.
- The User is required to settle the Balance of one or more Settlement Periods at least once a month or by individual arrangement.
- The Settlement includes all revenues paid to the Partner by the Applications and costs incurred by the User on behalf of the Partner during the Settlement Period.
- In particular, the User Balance consists of:
- revenues generated in Applications,
- loads issued by Applications,
- promotions and bonuses from the Application to the User,
- Gross commissions and fees to the Application,
- the amount of VAT to be paid by the Partner arising during the Cooperation,
- the amount of cash collected from Partner’s customers by the User during the Collaboration,
- amounts paid by Partner’s customers through Partner’s payment terminal,
- amounts spent from the Partner’s fuel card,
- Advances paid by the Partner,
- costs and liabilities arising from the Cooperation,
- sports card costs
- The user can choose the form of Settlement:
- Automatic – within no later than 5 days after the end of the Billing Period, Partner will automatically perform Settlement in case the Balance is higher than 260 PLN,
- On-demand – the User via the Portal can report after which Settlement Period he/she wants to settle, however, if the User does not report the Settlement for 3 Settlement Periods, the Partner will settle automatically.
- The Settlement takes into account the User’s Balance and additional costs, which are determined individually each time the Settlement is performed, depending on the User’s Balance and the concluded Contracts, such as:
- one-time costs of PLN 20 for the creation and activation of Applications necessary for work, charged at the first Settlement,
- Billing costs of PLN 50 per Taxi Application, regardless of the number of Applications when using your own Vehicle,
- billing costs depending on the number of trips made in a given week, using the Partner’s car while working in shifts set by the Partner:
- 55% for 0-100 courses per week,
- 50% for 100-150 courses per week,
- 45% over 151 courses per week,
- Billing costs of PLN 30 for each Courier Application,
- costs in the amount of 5% on the turnover of the cab, calculated on the basis of the monthly fiscal report in the case of Users of a fiscal cash register or a cash-taxi meter borrowed from the Partner,
- costs in the amount of 1% of the cab’s turnover, calculated on the basis of the monthly fiscal report in case the User himself covers the cost of purchasing a fiscal cash register or cash-taxi meter,
- costs in the amount of 1% on the turnover of the cab, calculated on the basis of the monthly fiscal report in the case of Users of the online cash register issued by the Apps,
- any taxes, contributions, public tributes that the Partner must pay in connection with the Agreement,
- costs in the amount of PLN 70 in the case of Deligoo Śląsk Sp. z o.o.
- Any money collected from the Partner’s customers by the User in the course of the Cooperation shall constitute advances to the Contracts in accordance with their content and shall be settled in the next Settlement.
- If the amount of advances collected is not sufficient to meet the Partner’s expenses, including taxes, Social Security contributions and any other costs arising from the Cooperation or Settlement, the User agrees to pay the amount indicated by the Partner to the bank account indicated by the Partner within 7 calendar days from the date of the indication.
- In the event that the User has obtained a negative Balance after the Settlement Period, the Partner may perform Settlement without the User’s consent, so as to determine the amount that the User should return to the Partner to cover the costs arising from the Collaboration.
- If the Settlement results in an amount owed to the Partner by the User, the Partner may, without giving any reason:
- terminate any Agreements,
- Block access to the Application,
- block access to any fuel cards, sports cards, discount cards, cash registers, and other physical or electronic items issued to the User under the Cooperation, and require their return,
- demand payment from the User in such an amount as to compensate for all costs incurred by the Partner arising in the course of the Cooperation.
- The Partner shall not be responsible and shall not be obliged to correct the Billing in case the error was caused by the User, especially when it concerns erroneously completed Agreements.
- A user with a Vehicle Rental Agreement may, in certain cases specified in the Agreement, be reimbursed for certain costs incurred during the work. The condition for receiving reimbursement is the presentation of proof of purchase in the form of a VAT invoice or simplified invoice.
- Reimbursement may not be the entire Settlement. The condition for receiving reimbursement is the Settlement of Cooperation. In the event that the User sends the Partner proofs of purchase and does not perform the Cooperation under the Agreements, there is no possibility of receiving reimbursement of expenses.
- The reimbursement paid to the User reduces the amounts paid under the Vehicle Rental Agreements by the value of the reimbursement paid.
- Sending the proof of purchase is done through the Portal provided to the User by the Partner.
- The partner has the right to refuse reimbursement without giving any reason, in particular when:
- The invoice contains other data than that of the Partner,
- invoice is a duplicate of another invoice already sent to Partner by any User,
- The invoice is of too low quality and all the data cannot be read,
- The document is not a VAT invoice or a receipt with the Partner’s Tax Identification Number with the amount not exceeding 450 PLN,
- There is more than one document in a single photo,
- The invoice does not state that it has been paid in full,
- Lack of correct TIN and Partner data on the invoice,
- The purchase is made from a company that is not registered in Poland,
- The invoice is time-barred: an invoice issued earlier than the 1st of the previous month,
- The purchase is unauthorized, i.e., deemed incompatible with the business or the law,
- purchase applies to the amount of more than PLN 10,000,
- purchase applies to an amount of less than PLN 10,
- there are significant suspicions about the legality of the purchase or the purchase is not justified in the context of the concluded and executed Agreement between the Partner and the User.
- The User is obliged to report any irregularities in the Settlements within 7 days of receipt. Failure to report within this period is equivalent to acceptance of the Settlement.
- Partner reserves the right to correct the Billing in case of discovery of errors or inaccuracies.
- In the event of termination of the Cooperation, all outstanding Balances and liabilities must be settled immediately, no later than within 7 days after the termination of the Agreements. Settlement of the Balance after the termination of the Agreements is made at the request of the User or, in the case of negative Balances or other obligations to the Partner, the Settlement of the Balance is made by the Partner without informing the User, along with a call to settle the debt.
- The positive balance not used or not settled by the User within 3 months from the date of the last Application Revenue shall expire by virtue of these Regulations.
- Expiration of the Balance means definitive loss of funds by the User. Upon expiration, the User loses all rights to the funds in the Balance, in particular, the right to demand their withdrawal, settlement, transfer or any other benefit from the Partner.
- The User acknowledges that failure to complete the Settlement within the aforementioned period is tantamount to voluntary resignation of the funds and their forfeiture to the Partner.
- The Partner is not obliged to inform the User about the expiration of the term, and the User waives any claims in this regard.
§ 5 Conditions of passenger transportation
- Partner shall bear the official cost of obtaining the first extract from the cab license, or reimburse their cost if the User pays for them independently. The cost of each subsequent extract in the amount of PLN 50 shall be borne by the User and includes a fee for the extract in the amount of PLN 33 and PLN 17 stamp duty. These costs will be included in the Settlement
- The User undertakes to provide a notarized copy of the required documents in the amount corresponding to the number of cab license excerpts that the User wishes to obtain, and if there are compelling reasons, to present the required documents in the original at any request from the company, and allows them to be copied and submitted to the office appropriate for obtaining a license in the relevant city. The cost of obtaining the documents is on the User’s side and is not refundable.
- Certificate of no criminal record not older than 30 days
- Certificate of no criminal record not older than 30 days from the User’s country of origin, if the User is not a citizen of Poland or regulations preclude the use of the Polish certificate of no criminal record
- Polish driving license cat. B
- Photo size 3.5 x 4.5 cm
- Valid psychological examination and medical certificate, for TAXI User
- Translation of documents into Polish, if issued abroad
- The registration card of the car adapted to work as a TAXI, in case the User wants to use his car, and the car lending or rental agreement and all other necessary agreements such as purchase invoices, lease agreements, rental agreements from third parties that the Partner indicates.
- The partner reserves the right not to fulfill the contract in case of rejection of the application of the user or his car for the company’s license by the city office.
- The deadline for issuance of documents by the office is the statutory 30 days and 7 days for preparation of documents by the Partner. The Partner shall not be liable for any extension of the waiting time resulting from the fault or negligence of the User, lack of documents from the User, or extension of the deadline by the office.
- The User agrees that the Partner may inspect the correct marking of the car in accordance with local regulations and the completeness of the required documents. In the event that violations arising from the Law on Road Transportation of Passenger Taxi Transport or these Terms and Conditions or the provisions of the Agreement are found, access to the Application may be blocked without informing the User and a contractual penalty may be imposed in accordance with the Agreement.
- The User is obliged to immediately inform the Partner about any legal changes concerning the vehicle with which he carries out transportation of people and documents from § 5 paragraph 2 under penalty of 500 PLN for each day of delay, and in particular:
- change of vehicle owner
- loss of vehicle insurance
- negative result of technical examination
- change of vehicle license plates
- retention of the registration certificate
- retention of driver’s license
- revocation
- expiration date of medical examinations
- Conviction by a final judgment for a criminal or criminal fiscal offence
- The occurrence of any other circumstances to the cessation of Cooperation in the field of passenger transport
- If violations described in § 5.6 are found, the Partner may block access to the Application to prevent the User from continuing to perform the Agreement illegally.
- It is strictly forbidden for the accepting party to perform the Contract in the absence of marking or equipping the vehicle in accordance with regulations generally applicable in the city or municipality in which the Contract is performed;
- The User agrees to carry with him during the performance of the Agreement, among other things, a copy of the cab license and other documents required by law for the provision of passenger transportation services by cab;
- For each violation by the User of any of the provisions of § 5 paragraphs 8,9, the Partner is entitled to a contractual penalty from the User in the amount of 2000 PLN;
- The Partner shall be entitled, notwithstanding the penalty referred to in § 5.10, to reimbursement of any fines, penalties and other fees imposed on the Principal in connection with the User’s violation of § 5.10. 8,9
- In addition, you shall comply with all laws and regulations governing passenger transportation, including but not limited to local and national regulations. Violation of these regulations will result in immediate termination of the Agreement with no opportunity to re-establish cooperation.
§ 6 Conditions of transportation of food parcels
- The User is obliged each time before the execution of the Agreement to check the cleanliness and technical condition of the thermal bags he uses for the execution of the Agreement so as to ensure that the method of packaging and protection of food during transport prevents its contamination, mixing with other goods, provides adequate protection against external influences and ensures easy identification
- The User is strictly forbidden to execute the Agreement in the absence of a thermal bag that meets the provisions of § 6.1;
- The ordering party undertakes to immediately replace the thermal bag if it is damaged or soiled in a way that makes it impossible to meet the provisions of § 6 (1);
- For transporting food, the User shall use only vehicles and equipment that meet hygienic and technical requirements that ensure the maintenance of proper cleanliness and technical condition for the safe transportation of food.
- You are required to follow food safety policies and procedures, including proper hand washing, using clean and disinfected containers, and avoiding direct contact of food with surfaces that could contaminate it.
- The Partner shall be entitled to, reimbursement of any fines, penalties and other charges imposed on the Partner in connection with the User’s violation of § 6.1. 1,2,3,4,5
§ 7 Conditions of use of fuel cards
- The Partner may provide the User with a fuel card, which may be used only for the purchase of fuel and other goods and services related to the operation of the vehicle, in accordance with a predetermined spending limit.
- The cost of providing the fuel card and shipping it will be borne by the Partner
- The user agrees to use the fuel card only for purposes related to the fulfillment of contracts concluded with the Partner. The use of the card for private or non-service related purposes is strictly prohibited.
- All fuel card transactions are recorded and monitored by the Partner.
- Partner reserves the right to impose a monthly spending limit on the Fuel Card and to change it at any time, with appropriate notification to the User of such change.
- If the fuel card is lost or stolen, the User is obliged to immediately report this to the Partner in order to block the card and prevent its unauthorized use.
- The partner may request periodic accounting of the use of funds on the fuel card, including the submission of documentation confirming the use of purchased fuel and other goods/services for the services performed.
- The user is fully responsible for any unauthorized or non-contractual use of the fuel card, including transactions exceeding the established spending limit.
- If the Partner finds irregularities in the use of the fuel card, such as purchases unrelated to the performance of services, the Partner has the right to immediately demand the return of the fuel card and charge the User for unauthorized transactions.
- At the end of cooperation or in case of its termination for any reason, the User is obliged to immediately return the fuel card to the Partner. Failure to return the card by the agreed date may result in the Partner imposing a contractual penalty of PLN 100.
- The partner has the right to review the transaction history and check the compatibility of fuel card expenditures with the services provided, in order to ensure the correct use of the card.
§ 8 Conditions of use of the thermal bag
- Partner provides the User with thermal bags designed for transporting food and other products that require maintaining a certain temperature. The lending of the bag is free of charge, but the User pays a security deposit, the amount of which depends on the type and value of the bag.
- For the loan of the bag, the user pays a deposit of :
- Glovo thermal bag: £120
- Volt thermal bag: £120
- Uber Eats thermal bag: £150
- Bolt Food thermal bag: £120
- Stuart thermal bag: bag £100
- The deposit can be paid:
- Cash at the Partner’s office
- By payment card at the Partner’s office
- To the bank account: 19 1020 3378 0000 1002 0360 9732
- Reducing the user’s Balance by the above costs in case the Balance is at least equal to the amount of the deposit paid
- Handover of the bag will take place immediately after payment of the deposit and shipping costs (if delivery is by courier)
- If the delivery is made by courier, the User covers the shipping costs of PLN 30 which should be paid to the Partner together with the deposit or will be included in the Balance when the Balance is at least PLN 30.
- The user undertakes to maintain the thermal bag in a proper state of cleanliness and technical efficiency for the entire period of its use. Regular cleaning and disinfection of the bag are essential to maintain proper hygienic conditions.
- The thermal bag should be used only for the performance of transportation services in accordance with the contract. Use of the bag for other purposes is not permitted and may result in the return of the deposit and additional sanctions.
- If the thermal bag is lost, destroyed or stolen, the User is obliged to immediately inform the Partner about the situation. The user may be charged for the cost of replacing the bag with a new one, equivalent to the deposit paid at the beginning of the cooperation.
- Return of the bag is done by courier service at the User’s expense or delivery in person at any Partner’s office.
- The deposit will be refunded to the User in full upon return of the thermal bag unpacked within 12 months of its issuance or upon return in an undamaged and clean condition within 3 months of its order. In case of damage or lack of cleanliness, the deposit may be partially or fully retained by the Partner, depending on the degree of damage or dirtiness.
§ 9 Conditions of use of sports cards
- The Partner may provide the User with a sports card that entitles the User to use sports and recreational facilities. The use of the card is possible on the condition that the user accepts the rules of use of the facilities specified by their operators.
- Partner is not responsible for limitations or changes in the availability of sports facilities resulting from the decisions of their operators. The user undertakes to check the availability of the facilities and the rules of their use on his/her own.
- The sports card will be issued from the 1st day of the next month after the order is placed by the User
- The sports card is ordered by the User by filling in the form on the Portal
- The sports card is valid for at least 3 months after ordering, regardless of use or cancellation.
- If you do not use the sports card during its validity period, you will not be reimbursed for the costs associated with its activation. The partner also does not reimburse for the periods when the card was not used.
- The costs of using the sports card incurred by the Partner will be included in the Settlement before the start of the activation period:
- FIT&more Open: 130 per month
- FIT&more 2x per week: 100.00 per month
- goFIT Open: 120.00 per month
- goFIT 2x per week: 90.00 per month
- Other costs charged by Medicover Sport not included above in the gross amount charged by Medicover
- A refundable deposit in the amount of one times the monthly cost from § 9 item 7. 1,2,3,4 will be collected from the user’s Balance when ordering a sports card in order to secure the cost of the user’s card. The deposit will be used for overdue fees in case the user is not able to collect them from his/her Balance or will be returned if the overdue fees do not occur.
- The user will receive access to the sports card via sms, the implementation of the entrances to the facilities is on the basis of the Medicover Sport application, downloaded from Google Play or AppStore
- Termination of the sports card is done by sending an email to kontakt@mbpartners.pl, effective from the 1st of the month after the next full 2 months from the date of termination.
- The user undertakes to use the sports card in accordance with its purpose, in a manner that does not interfere with the operation of sports facilities and with respect for the principles of fair play and good manners.
- The rules for the use of individual sports facilities, to which the card authorizes, are determined by the regulations of these facilities. The user undertakes to become familiar with these rules and regulations and to abide by them.
- Partner reserves the right to change the terms and conditions of sports cards, including the fees associated with their use and the range of services available under the card. The User will be informed of any changes in advance.
- The Partner may refuse to enroll the User in Medicover Sport without stating a reason, in particular in cases when the User’s Balance is insufficient to collect the deposit or cover the cost of the sports card, in cases when the income from the Application earned by the User is not sufficient to cover the monthly cost of the sports card.
§ 10 Terms and conditions of the referral program
- The referral program is available to all active Portal Users who are not in arrears to the Partner.
- You may participate in the referral program by sharing your unique referral link. This link may be shared directly with third parties, through social media, in online forums, or by any other lawful means.
- All costs associated with the publication of the link shall be borne by the User
- It is strictly forbidden to publish or send links to automated groups of recipients in the form of e-mail, sms, push notifications, traditional letters and others which were not obtained by the User in accordance with the law on RODO
- The User will receive a gratification in the form of abolition of billing costs from §4 paragraph 6 b,c in the next 3 Settlements if the person referred by the User:
- Will make registration on the Portal
- Will sign the Agreement
- Will perform a minimum of 1 Settlement
- The user will receive a bonus in the amount of 250 PLN, which will be settled in accordance with the rules of Settlement, if he/she refers 5 people who meet the conditions of §10.5.
- The affiliate reserves the right to verify any registration made through a referral link to ensure that there is no abuse. Abuse may include, but is not limited to, the creation of fake accounts, manipulation of services to artificially generate turnover, or other acts contrary to good morals and principles of fair competition.
- In case of abuse, the Partner has the right to cancel the gratuities granted and take appropriate disciplinary action, including termination of contracts with the User and exclusion from the referral program.
- Partner reserves the right to change the terms and conditions of the referral program at any time. Users will be informed of any changes well in advance via the Portal or email.
- The user participating in the referral program is obliged to observe the rules of fair competition and good manners. In particular, it is forbidden to use spam as a method of promoting the referral link.
- Settlement of the program and awarding of prizes takes place every Friday at 5:00 pm.
§ 11 Use of Partner’s tools
- The Affiliate shall provide the User with the tools, cars, scooters, bicycles or other equipment (hereinafter referred to as “Tools”) necessary to perform the Services in accordance with the Agreement. Provision of the Tools shall be made pursuant to the terms and conditions set forth in these Terms and Conditions and additional agreements specific to each Tool.
- The User is obliged to take care of the technical and visual condition of the Tools, use them in accordance with their intended use and the instructions of the Partner.
- All Tools provided by the Partner are the property of the Partner or the property of third parties with whom the Partner has entered into appropriate agreements. The User is obliged to use the Tools only within the scope of the Services performed.
- The User shall be liable for any damage resulting from misuse, negligence or intentional damage to the Tools.
- Before transferring the Tools to the User, the Partner may require payment of a refundable deposit or signing of an additional agreement regulating the terms of use of the Tools. The amount of the deposit and detailed terms will be determined individually.
- The User is obliged to immediately report to the Partner any defects, failures or other problems related to the functioning of the Tools.
- Upon termination of cooperation or at the Partner’s request, the User shall promptly return the Tools in an undamaged condition, excluding normal wear and tear.
- The Partner reserves the right to charge for damage to the Tools caused by the fault of the User or due to improper use, according to the actual cost of repair or replacement.
- If the Tool is lost or stolen, the User is obliged to immediately report this fact to the Partner and take appropriate legal action, including filing a report with the police.
- The Partner has the right to inspect the condition of the Tools at any time during the cooperation, after informing the User about the planned inspection.
- In the event of termination of cooperation through the fault of the User, due to violation of the terms and conditions of the contract, the refundable deposit may be retained by the Partner in whole or in part as partial coverage of damages.
- For the use of vehicles, the Partner may deduct the costs associated with their organization and availability in the Settlement in proportion to the User’s billing periods:
- Cab passenger car organization:
- Toyota Corolla and similar: PLN 850
- Skoda Fabia IV and similar: PLN 650
- Skoda Fabia III and similar PLN 550
- Other vehicles by individual arrangement
- Electric scooter organization: PLN 250
- Cab passenger car organization:
- The use of a cash register or taximeter is possible under the following conditions:
- The user will pay a deposit of the amount:
- Fiscal cash register: 500 zloty
- Fiscal cash register + taximeter: PLN 1000
- Partner sends the cash register to an authorized dealer or to the User for installation in the User’s car
- The partner covers all costs related to the operation of the cash register, i.e. inspections, servicing.
- The user shall pay all costs associated with the installation and removal of the cash register or damage caused during possession of the cash register.
- The costs associated with the service are 5% and will be included by the Partner in the Settlement
- The user undertakes to return the cash register to the Partner and is not allowed to keep it due to the regulations on cash registers.
- The user undertakes to send monthly fiscal reports by the 10th of each month for the previous month
- The deposit will be refunded if the cash register and/or taximeter is returned in undamaged condition or reduced in proportion to the damage
- The user will pay a deposit of the amount:
- The user of the cash register may alternatively, i.e., instead of § 11(13), cover the cost of purchasing the cash register and taximeter on his own with the written consent of the Partner. Alternate conditions:
- The user must fiscalize the fiscal cash register to the data provided by the Partner
- The user covers all costs associated with the operation of the cash register, i.e. installation, disassembly, inspection, servicing, damage.
- The cost of handling is 1% and will be included by the Partner in the Settlement
- The user undertakes to send monthly fiscal reports by the 10th of each month for the previous month
- The user undertakes to return the cash register to the Partner and is not allowed to keep it due to the regulations on cash registers.
- Partner will reimburse the User for the purchase cost of the cash register according to the purchase value less the remaining possible use time of the cash register in accordance with the wear and tear of the cash register module.
- All Tools to the User by the Partner in case of termination of the Agreements are subject to immediate return to the Partner, but no longer than 7 days from the date of termination of the Agreements
§ 12 Termination of Cooperation
- Partner and User may terminate the Agreements at any time upon 7 days’ notice
- In the case of serious violations of these terms and conditions that expose the Partner to damage or there are any contraindications that prevent the User from performing the Agreement with the Partner, the Partner may terminate the Agreement with immediate effect along with blocking access to the Application.
- All tools, data, cards, license excerpts, cab badges and any other property given to you from the Partner must be returned to the Partner’s office immediately, no longer than within 7 days.
- In the event of termination of the agreements, all personal data and confidential information obtained during the course of cooperation will be processed in accordance with applicable laws on personal data protection and professional secrecy. You agree not to disclose this information to third parties or use it for purposes other than the implementation of the concluded agreements.
- In the event of termination of cooperation due to violations of the regulations or laws by the User, the Partner reserves the right to claim damages in accordance with applicable laws.
§ 13 Protection of personal data and confidentiality
- The Partner and the User agree to comply with the regulations on personal data protection, in particular the Regulation of the European Parliament and of the Council (EU) 2016/679 (RODO). The User agrees that the Partner may process his/her personal data for contractual purposes, under the terms of a separate privacy policy.
- The User agrees that the Partner may process his/her personal data for purposes related to the performance of the Agreements, under the terms of a separate Privacy Policy available on the Partner’s website.
- The User undertakes to keep confidential any information obtained in connection with the performance of the contract, the disclosure of which could harm the Partner or its customers. The obligation of secrecy applies to the User for a period of 5 years from the date of termination of cooperation.
§ 14 FleetCheck
- By accepting the general terms and conditions of cooperation, the user makes the following statement:
- I declare that I have been informed of the possibility of reporting to the FLEETCHECK register of the owner of PZPA Solutions Sp. z o.o. violations related to the performance of my duties, including in particular those related to debt. I acknowledge that I have the right to object to the entry in the registry and its rectification.
- I consent to the transfer (assignment) of my debt arising from the concluded legal relationship (cooperation/employment agreement) to an authorized entity designated by PZPA Solutions to the extent consistent with the purpose described in the register of driver/courier offenses and the rules of personal data processing. In addition, I consent to the processing of my personal data for the purpose of asserting claims arising from the resulting payment arrears and to the transfer of information about my indebtedness to institutions involved in the assessment of creditworthiness and payment reliability, including the Credit Information Bureau S.A. (BIK), in accordance with applicable laws. I declare that I have been informed of the possibility of assignment within the framework of settlements, as well as the preservation of my rights, including the right of access to the data, rectification and objection to processing.
§ 15. Data processing in case of debts, fraud and disputes
- If any financial arrears arise on the part of the User to the Partner, including those arising from Settlements, Agreements, contractual penalties or failure to fulfill obligations under these General Terms and Conditions of Cooperation, the Partner shall have the right to process the User’s personal data until the debt is settled in full, regardless of the termination of the cooperation or termination of the Agreements by either Party.
- User Data may also be processed after the termination of the Cooperation to the extent necessary for:
- civil law claims enforcement,
- debt collection,
- conducting judicial, bailiff and administrative proceedings,
- documenting the history of debts and abuses in order to protect the Partner’s legitimate interests.
- The Partner has the right to transfer the User’s data, including information about arrears, violations of obligations, abuse and refusal to settle obligations, to the FLEETCHECK register maintained by PZPA Solutions Ltd. in accordance with its regulations and data protection regulations.
- You acknowledge that the FLEETCHECK registration includes, but is not limited to:
- User identification data,
- Information on the nature and amount of debts,
- history of violations of obligations under the Agreements and these General Terms and Conditions,
- The date of origination and the status of the debt.
- Partner has the right to process and transfer User Data to FLEETCHECK also in case:
- suspected fraud or fraudulent activities,
- data suppression,
- refusal to return the Partner’s property or tools,
- Attempts to defraud or falsify documents,
- gross violation of the rules of cooperation resulting in financial or reputational damage to the Partner.
- The transfer of data to FLEETCHECK may take place regardless of whether the User has an active contract or whether the Cooperation has been terminated, as long as there are grounds under paragraphs 1-5.
- Użytkownik ma prawo do:
- Access to information processed in the FLEETCHECK registry,
- Correction of incorrect data,
- filing an objection,
- request deletion of data after full payment of obligations and completion of related proceedings.
- Deletion of data from the FLEETCHECK registry occurs no sooner than after:
- repayment of the debt in full,
- Return of all tools, property and documents of the Partner,
- The termination of all disputes and proceedings,
- written confirmation from the Partner that there are no grounds for further processing.
- In case of debt, billing delays or other outstanding obligations to the Partner, the Partner may temporarily restrict or block the User’s access to the Portal, Application and tools provided as part of the Collaboration – only until the matter is clarified or the arrears are settled. The Partner will inform the User about the blocking in a manner appropriate to the situation, in particular, through a message in the Portal or an e-mail.
- Until the arrears are fully settled or the dispute is resolved, the Partner may withhold the issuance of new tools, cards, devices, accessories, excerpts and prevent the activation of new Applications. This decision is aimed at ensuring proper settlement of the existing Cooperation and protecting the Partner’s legitimate interests.
§ 16 Final provisions
- Partner reserves the right to make changes to the General Terms and Conditions of Cooperation.
- Partner will inform the User of any changes to the General Terms and Conditions of Cooperation at least 14 days in advance of their scheduled entry into force, in particular through:
- sending information to the e-mail address provided at registration and/or
- posting of the relevant information on the Portal after the User logs in.
- The user may within 14 calendar days from the date of receipt of information about the changes:
- terminate the Agreements linking him with the Partner with effect from the day preceding the effective date of the changes, and
- Terminate the Collaboration and stop using the Portal, Application and tools provided by the Partner.
- If the User does not terminate the Contracts and the Cooperation within the period referred to in paragraph 3, the changes will be effective as of the effective date:
- is deemed to accept the new content of the General Terms and Conditions, and
- Continued use of the Portal, the Application and the Partner’s tools is treated as an implied (tacit) agreement to be bound by the amended General Terms and Conditions.
- If the User does not agree to the amendments to the General Terms and Conditions of Cooperation, he should exercise the right referred to in Paragraph. 3. Failure to terminate the Agreements in this manner, while continuing the Cooperation after the effective date of the amendments, means that the User is bound by the new content of the General Terms of Cooperation.
TERMS AND CONDITIONS OF THE PROMOTION
“Settlement for £0 until the end of 2025”.
§ 1 General provisions
- These terms and conditions set out the rules of the promotion called “Settlement for 0 PLN until the end of 2025” (hereinafter: “Promotion”).
- The organizer of the Promotion is MB Partner Marcin Bohdanowicz, headquartered at ul. Rewolucji 1905. 82 lok. 6, 90-223 Łódź, NIP 888 289 45 28 (hereinafter: “Partner”).
- The Promotion is addressed to Users as defined in the General Terms and Conditions of MB Partner (hereinafter: “General Terms and Conditions of Cooperation”).
- In matters not covered by these regulations, the provisions of the General Terms and Conditions shall apply.
§ 2 Duration of the Promotion
- The promotion is valid from November 10, 2025 (inclusive) to December 31, 2025 (inclusive).
- Partner reserves the right to terminate the Promotion early or to change its terms and conditions, provided that such changes will not affect the rights of Users who have already acquired the right to use the Promotion.
§ 3 Participants in the Promotion
- A Participant in the Promotion (hereinafter: “Participant”) may be a User who meets all of the following conditions:
- registers on the Partner Portal during the Promotion period, i.e., from November 10, 2025 to December 31, 2025 (date of account registration on the Portal),
- accepts the General Terms and Conditions of Cooperation,
- shall conclude at least one Agreement with the Partner and undertake the Cooperation.
- The Promotion does not include Users who registered on the Portal before November 10, 2025, even if the Cooperation was initiated or renewed during the Promotion period.
§ 4 Scope of the Promotion – “Settlement for 0 PLN”.
- Under the Promotion, the Partner does not charge the Promotion Participants with the billing costs referred to in § 4.6 of the General Terms and Conditions, in particular:
- one-time costs of PLN 20 for the creation and activation of the Application necessary for work, charged at the first Settlement,
- Billing costs of PLN 50 for Taxi Applications,
- Billing costs depending on the number of trips made by the Partner’s car,
- Billing costs in the amount of PLN 30 for each Courier Application.
- The exemption referred to in paragraph 1 shall apply to Settlements covering Settlement Periods completed up to and including December 31, 2025.
- After December 31, 2025. The Participant’s settlements will be carried out in accordance with the general rules set forth in § 4 of the General Terms and Conditions of Cooperation, with all relevant settlement costs charged.
- In particular, the promotion does not include:
- taxes, Social Security contributions, public tributes and other mandatory charges,
- The cost of operating a cash register or taximeter (percentage of turnover),
- The cost of rental vehicles, fuel cards, sports cards, thermal bags and other tools,
- any charges, fees or costs arising directly from the rules and regulations of the Application or the law.
- The Promotion does not affect the way the Balance is calculated or the obligation to Settle under the terms of the General Terms and Conditions of Cooperation – it only changes the amount of selected settlement fees, as indicated in Paragraph. 1.
§ 5 Exclusions of liability and abuse
- Partner reserves the right to refuse to apply the Promotion to the User, if it is determined that:
- He provided false data during registration,
- created an account for the sole purpose of taking advantage of the Promotion, with no intention of actual Cooperation,
- committed fraud, circumvention of the law or provisions of the General Terms and Conditions.
- If abuse is found, the Partner may:
- charge the User with billing costs on a general basis, as if the Promotion did not apply,
- terminate the Agreements with the User in accordance with the General Terms and Conditions.
§ 6 Relationship to General Terms and Conditions
- The promotion “Billing for 0 PLN until the end of 2025” is a temporary derogation from selected provisions of § 4 of the General Terms and Conditions of Cooperation only in terms of billing costs indicated in § 4 of these Regulations.
- Other provisions of the General Terms and Conditions of Cooperation, in particular regarding:
- Settlement Rules,
- Balances,
- User Responsibility,
- tax and public law obligations,
shall remain in force and apply accordingly to the Promotion Participants.
- Participation in the Promotion does not constitute a separate Agreement – it is only an element of the financial terms of Cooperation for the duration of the Promotion.