concerning financial services of Norwegian institutions
These terms and conditions set out the terms of using special websites from the special services mFinans, MultiNOR, Moja Norwegia containing information about selected financial services of Partners and provision of support services when concluding financial services contracts with your chosen Partner.
This document is also the regulations for the provision of electronic services, which exclusively specifies the method and conditions for the implementation of credit intermediation services using the dedicated services mFinans, MultiNOR, Moja Norwegia and additionally indicates the principles of personal data protection, terms of contract conclusion and termination, technical requirements necessary to use the Services. It presents the mode of possible complaint proceedings and also fulfills other information obliged by law.
§ 1. DEFINITIONS
Whenever the concept has been capitalized in the present "Terms and Conditions for the use of mFinans, MultiNOR, Moja Norwegia", or in documentation, studies and correspondence prepared based on these Terms, it should be assumed that they have the following meanings:
1) Administrator - Inventive Logic spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Gdańsk (80 - 386) at ul. Lęborska 3B, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number 0000709320, with the tax identification number NIP: 957-09-36-720, being a party ofthe Agreement with the Customer;
2) Customer - a natural person, legal person or organizational entity with legal capacity who is interested in the Products presented on the Website and leaving their Personal Data, including contact details via the Form and other functionalities of the Website or social networking sites in order to use the Products or getting to know their conditions; The A customer who is a natural person using the Website and Products offered on the Website for purposes not directly related to its business activity has the status of a consumer;
3) Website - meaning internet pages - mFinans, MultiNOR, Moja Norwegia special services and functionalities available on these websites, available in particular at the electronic addresses: www.mfinans.no, www.multinor.no, www.mojanorwegia.pl, as well as functionalities and data made available to the Customer after using the sent link or through dedicated subpages on social networking sites (e.g. Facebook);
4) Form - made available electronically on the Website, social network or other pages to which the Website provides its function, by submition of necessary data by the Customer or a helpful submition of an application for a selected Product and reception of a personalized Offer prepared by the Partner for a selected Product, in particular Personal Data and contact details, as well as information necessary for the performance of the Service;
5) Personal Data - all information enabling identification of a Customer who is a natural person, which the Customer will provide to the Administrator (or Expert) - in particular via the Website or by phone, as well as data about his family, financial, professional situation, properties, etc.;
6) Service - any service provided by the Administrator to the Client on the basis of the Agreement, using its own resources or with the help of consultants and resources of the Expert, in particular through the functionality of the Website or using other means of communication, including via e-mail, by phone via SMS, VoIP or other internet communicators - according to the wishes and needs of the Client;
7) Product - a financial service, in particular a loan, credit card or loan, an insurance service or other service whose basic, demonstrative parameters are presented via the Website;
8) Offer - a proposal prepared by the Partner in cooperation with the Institution to conclude a Product contract by the Customer with the Institution made available to the Customer by e-mail or via the Website - after completing the Form, based on the Personal Data provided by the Customer and other information; for avoidance of doubt, the Offer is for information purposes only and does not constitute a binding offer within the Civil Code;
9) Expert - MultiNOR spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Gdańsk (80 - 386) at ul. Lęborska 3B, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number 0000546209, with the tax identification number NIP: 584-273-49-23, REGON: 222044787;
10) Partner - Motty Telefinans AS org. no. 994 110 756, Nygaardsgata 36-38,1607 Fredrikstad, Norway;
11) Institution - an entity whose detailed offers regarding the conditions of specific Products are presented to the Customer by the Partner via the Website;
12) Agreement - a contract for the provision of Services concluded by the Customer with the Administrator at a distance without the simultaneous presence of parties, confirmed electronically in a message sent by MultiNOR to the e-mail address indicated by the Customer;
13) Terms and Conditions - the present "Terms and Conditions for the use of mFinans, MultiNOR, Moja Norwegia regarding financial services of Norwegian institutions" .
§ 2. GENERAL RULES FOR USING THE SERVICE
1. By using the Website and entering data into the Form, the Customer confirms that he has read the Terms and Conditions, accepts their provisions and undertakes to comply with them. The Customer also confirms the fact of reading the Terms and Conditions and their acceptance by ticking the check box with the statement: "I have read and accept the Terms and Conditions of using the special services mFinans, MultiNOR, Moja Norwegia and the financial services of Norwegian institutions and I oblige to comply with them".
2. The Website serves the Administrator in particular for the presentation of Products offered by the Partner and enables the Customer to contact the Administrator in case of interest in Products, exchange of information with the Customer in the process of applying for the Product and other activities as part of the provision of the Services. The Administrator only provides the Partner with the space and functionalities that enable presenting the Products and preparing personalized Offers and only supports the Clients in this process given the rules described in the Terms and Conditions.
3. Each of the Institutions that offer Products determines its own terms and conditions regarding the granting and usage of the Products, therefore, before concluding the contract about the Product with the Institution, the Customer should absolutely read all terms of the Offer and other applicable documents - such as regulations, and tariffs fees and commissions.
4. The Customer acknowledges that the Administrator provides the Services with substantive support and in cooperation with the Expert. The Expert and his consultants are entitled to contact the client in all matters which are directly related to the performance of the Services, to which the Customer agrees.
5. The subject of the Agreement is the provision of Services - consisting or being possible to consist, in particular, of:
1) provision of an illustrative loan calculator and other similar functionalities on the Website,
2) help in collecting data needed or helpful for preparing an Offer for a specific Product and its entering into the Form,
3) transfer of the Customer's data to the Partner in a form enabling the preparation and presentation of Offers,
4) presentation of the content of the Offers prepared by the Partner to the Customer on the Website,
5) explanation of current doubts related to the content of the Offers - given the necessity of the Client and the ability of the Administrator or Expert,
6) assistance in completing the application for the selected Product on the Institution's website or entering into a distance product contract - if such a need is reported by the Customer.
6. The Services are provided free of charge by the Administrator to the Client. The Administrator does not charge the Customer any fees for the performance of the Services. The Administrator informs, however, that if the Customer concludes an agreement with the Institution based on the Offer selected on the Website, the Administrator receives remuneration from the Partner.
7. Data about the Products presented on the Website or electronic correspondence, are informative and demonstrative and do not constitute an offer within the meaning of the Civil Code and may not be the basis for any claims against the Administrator or any other entity.
8. The Customer acknowledges that neither the Administrator nor the Expert are the authors of any of the Offers and are not bidders to the Customer. The Administrator only transfers Offers for the Products prepared by the Partner, the contracts, instead, are already concluded outside of the Website. The Customer can not therefore require the Administrator conclusion of a contract on the terms of the Offer presented or any other related claims.
9. For the avoidance of doubt, it is indicated that the Administrator and the Expert are not a party to any contract concluded by the Client on the basis of the Offer prepared by the Partner, which will be chosen by the Customer. In all contracts for the use of each Product on the terms set out in the Offer, the Client contains only with the Institution - for possible via the Partner and for possible explanations (substantive support), the Administrator's consultants (or Expert). The Administrator and the Expert shall not be responsible for any actions and omissions of the Partner and for the manner and effects of the Institution's realization of the Product's contract, its improper performance or other breach by the Institution.
All data regarding the financial parameters of the Products and Offers are provided exclusively by the Partner - in cooperation with the Institution. The Administrator does not guarantee the accuracy or correctness of Offers of selected Institutions provided by the Partner via the Website or any other contact form from the side of the Administrator or the Expert.
§ 3. ACCESS TO THE SERVICE. CONTACT WITH THE ADMINISTRATOR AND EXPERTS
1. The Administrator provides the Services only remotely - using the communication and information system, i.e. via the Website and electronic mail and other means of communication, in particular via telephone, SMS, VoIP or other instant messengers - in accordance with the Costumer's wishes and preferences. A part of the Website's functionality is available only after using the link sent to the Customer by e-mail or after logging in.
2. Contact with the Administrator or the Expert in the case and in relation to the provision of Services presented on the Website is made only in one of the following forms:
1) by e-mail to the Administrator's address: email@example.com, firstname.lastname@example.org or other direct e-mail address of the adviser conducting the Customer's case - on behalf of the Administrator or the Expert;
2) by phone, from Monday to Friday from 8:00 to 16:00, at the following telephone numbers:
Polish speaking clients: +47 21 999 413, +48 58 731 96 59,
Norwegian speaking clients: +47 21 984 118,
English speaking clients: +47 21 984 119,
Lithuanian speaking clients: +47 21 999 417,
Russian speaking clients: +47 21 988 830;
- in the case of telephone contact by the calling Customer within the same area code, the connection fee is charged as a regular telephone connection, in accordance with the provider's tariff package;
in the case of telephone contact by the Customer calling an area code other than the one which he is, he may incur additional charges related to the telephone call, according to the provider's tariff;
3) using the contact form located on the Website's page.
3. The condition of using the Website and providing the Services and using the Products and Offers presented on the Website is disposed to the Customer having computer equipment or other electronic device with installed and up-to-date software allowing for browsing websites and access to the Internet, as well as a properly configured e-mail account.
4. The Administrator contributes to provide the Customers with constant access to the Website and Services. However, the Administrator does not guarantee permanent, uninterrupted correct operation of all or some functionalities of the Website without any errors. The Administrator shall not be liable for any damage or lost profits suffered by the Costumers due to a break in access to the Website, especially if they are caused by factors independent of the Administrator, including in particular force majeure, Internet network failures, as well as defects or incompatibilities of the equipment or Customer's software with the Website or its functionalities.
5. The Administrator reserves the right to suspend or restrict all or some functionalities of the Website, as well as to add, change, supplement or delete data, content and information placed on the Website - at any time, without giving reasons and informing Customers about these changes.
6. The Customeris forbidden to forward via the Website and the Form as well as using other means of communication with the Administrator or the Expert - including e-mail, instant messengers, telephone and SMS messages - unlawful content, including content that violates personal rights of third parties, incitation to commit a prohibited act, as well as vulgar or offensive statements to the Administrator, Expert, Partner, Institutions and their consultants.
7. The content of the Website and the data contained therein, as well as trade names, descriptions and trademarks published on the Website are protected by law, and any use of it may take place only with the prior written consent of the Administrator or other appropriate entity, including their owner.
8. The Administrator reserves the right to refuse to provide Services to Clients who violate the provisions of the Terms and Conditions - or withdraw from the Agreement at any time, in particular in the following cases:
1) in the event of knowledge on the violation of the Conditions - including, in particular, the prohibition of the transmission of unlawful content;
2) if the Administrator gathers information or reasonable suspicion that the Customer provided false data to the Administrator, Expert, Partner or Institution in the course of the Services provided - through the Form or in any other way or that the Customer misled one of the foregoing entities;
3) if the Customer conducts contacts with the Administrator, Expert, Partner or Institution against the principles of social coexistence, in particular requesting the Administrator or Expert to undertake activities or provide services that are outside the scope of the Agreement or inducing the Administrator or Expert to perform the Service in such a way that its result could be used illegally or against the intended use of the Service;
4) if, according to the reasonable assessment of the Administrator, the circumstances presented by the Customer or set by the Administrator or the Expert themselves indicate the complex or particularly complicated or non-standard nature of the matter to be the subject of the Service or subject to the Service, in particular (but not exclusively) when the degree of complexity o tfhe Services would require work that is disproportionate to the offered Price of the Services.
§ 4. RULES FOR SERVICES PROVISION
1. Customer's provision of data enabling contact with they - including at least name, e-mail address or telephone number and a declaration of will to bind the Agreement by accepting the statement as in § 2 sec. 1 above (or the Client's express declaration of will to be bound by the Agreement during a telephone conversation), is tantamount to the conclusion of the Agreement with the Administrator in accordance with these Terms and Conditions.
2. The Administrator provides the Services only on the basis of data, documents and information and explanations provided by the Customer, therefore the basic condition necessary to provide the Services is efficient communication with the Customer. Necessary for the performance of the Services and transfer of any Personal Data to the Administrator is a declaration made by the Customer by ticking the box checkbox: "I agree to the processing of data by Inventive Logic spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Gdańsk (80 - 386) at ul. Lęborska 3B, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Department of the National Court Register, under KRS number 0000709320, with the tax identification number NIP: 957-09-36-720 in order to submit offers for products selected by me and services presented on the special services mFinans, MultiNOR, Mpja Norwegia (Products) and for marketing purposes of such services, as well as for transferring these data to an Expert - MultiNOR spółka z ograniczoną odpowiedzialnością spółka komandytowa with a registered office in Gdańsk (80 - 386) at ul. Lęborska 3B, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number 0000546209, with the tax identification number NIP: 584-273-49-23, and their subsequent transfer to the Partner - Motty Telefinans AS org. no. 994 110 756, Nygaardsgata 36-38, 1607 Fredrikstad, Norway and the Institutions whose offers will be selected by me in order to submit an application for the Product covered by the Offer and conclusion of the contract. I have been informed that the administrator of my personal data is Inventive Logic spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office Gdańsk (80 - 386) at ul. Lęborska 3B, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number 0000709320, with the tax identification number NIP: 957-09-36-720 (Administrator), and the data processing of personal data will take place in accordance with the relevant provisions on the protection of personal data. I was also instructed that the provision of data is voluntary, but necessary for the implementation of the Services, and that at all times I have the right to access my data and correct them and to request the removal of given personal data by the Administrator. The collected data will be processed, as well as transferred to other entities only for the above purposes. "
3. The type and scope of the Services currently provided by the Administrator and the detailed manner of their implementation are described on the Website and may be subject to changes in accordance with these Terms and Conditions.
4. Within a reasonable time, immediately after the acceptance of the Terms and Conditions and/or conclusion of the Agreement, the Customer receives from the Administrator the confirmation of the contract in the e-mail address provided in the Form, i.e. one or more e-mails containing in particular these Terms and Conditions together with a exemplar statement about withdrawing from the Agreement. By accepting the Terms and Conditions and concluding the Agreement, the Customer agrees to provide confirmation of the Customer's conclusion of the Agreement by electronic means.
5. In order to obtain the Offer with the support of the Administrator's Services, the Customer selects the Product that interests him and fills in the appropriate Form on the Website giving the necessary information, including Personal Data and sending necessary documents if needed. In order to enable the Services to be performed correctly and to deliver Offers to the Customer, the Customer submits a statement that reads: "I agree to receive from the Administrator, i.e. Inventive Logic spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Gdańsk (80 - 386) at ul. Lęborska 3B, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number 0000709320, with the tax identification number NIP: 957-09-36-720 and Expert - MultiNOR spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Gdańsk (80 - 386) at ul. Lęborska 3B, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number 0000546209, with NIP number: 584-273-49-23, commercial information within the meaning of the act on providing electronic services to the provided e-mail address regarding products and services presented on the special services mFinans, MultiNOR, Moja Norwegia, and to present and offer to me by the Administrator, Expert or their partners other products or services related in particular to the stay and job in Norway". Submission of this statement is voluntary but necessary for the provision of the Services electronically.
6. The Administrator does not perform initial, demonstrative offers regarding individual Products, in particular, he does not perform initial cost calculations of the Products based on the detailed data and needs presented by the Customer, i.e. beyond the simplified functionalities and simulations publicly available on the Website, and does not examine and does not assess the client's creditworthiness.
7. After choosing an interesting Customer for the Product on the Website, the Customer is redirected to the appropriate subpage, where he fills in the Form in which he provides information, including Personal Data, which are necessary to perform the Services and take actions to conclude a Product agreement with the Institution. The information provided, necessary for proper performance of the Service, includes in particular: name and surname, telephone number and e-mail address, as well as all personal and identification numbers and - depending on the requirements of the Partner or Institution - information necessary to assess the Customer's creditworthiness, etc. The customer may also be repeatedly asked to complete the data in the Form - at any time.
8. The administrator does not accept documents from customers in a form other than electronic.
9. At the appropriate time, the Administrator also sends the Customer a link to the Form via e-mail, SMS or another method. The completion of the Form and the selection of the Offer may be made or continued also at a later time and by phone - with the help of a consultant.
10. After filling in the Application Form - with the consent of the Client, the Administrator sends it to the Partner (along with the necessary documents at this stage), and the Partner then transfers it to the Institution. This consent is voluntary, but necessary for the efficient and correct implementation of the Service and may be expressed in particular by making a statement as follows: "I agree to the Administrator transferring to Motty Telefinans AS org. no. 94 110 756, Nygaardsgata 36-38, 1607 Fredrikstad, Norway (Partner) of the data from the Form and any other Personal Data provided by me and information needed to complete the application for the Product selected by me, which this Form applies to, and its submition is required by the Partner, i.e. I authorize the Partner to submit on my behalf an application for this Product to one or many Institutions - at the Partner's choice. "
11. The scope of necessary Personal Data and other information required from the Customer depends on the nature of the Product of interest to the Customer, as well as related Norwegian regulations and specific Institution standards. Administrator, Expert or Partner may submit to the Client via the Form an initial, minimum information and the documents necessary to perform the Service before presenting the Offer or concluding a Product agreement, at the same time the Administrator states that the list does not have to be full or exclusive, and the final evaluation of completeness and correctness of data, information and documents should always be at the Partner and Institution. For the avoidance of doubt, the Customer acknowledges that depending on the circumstances of a particular Customer's case, it may be necessary for the Customer to submit additional documents other than those listed on the Website or in the Form If the Administrator presents a list of necessary information or documents, the Customer, by going to the next page of the Form, confirms that he has read the list of documents necessary to perform the Service and accepts it.
12. In each case, in order to conclude an agreement with the Institution for a specific Product or to enable the Service to be carried out, the Customer acts in accordance with the terms and requirements of the Offer and the procedure appropriate for the Institution. The application process for the Product therefore varies depending on the Institution, which is why during the entire process of the Service implementation, including also throughout the entire process, the Customer may also use telephone consultants who can help him fill in the Form.
13. Consultants may contact the Client many times in order to verify the process and provide the Customer with assistance and possible explanations, i.e. at each stage of the process the consultant may make a telephone or VoIP call to the Client and/or send e-mails or SMS. he Customer expresses the above consent accepting these Conditions and submitting the following statement:"I agree to the use by the Administrator, i.e. Inventive Logic spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Gdańsk (80 - 386) at ul. Lęborska 3B, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number 0000709320, with the tax identification number NIP: 957-09-36-720 and Expert - MultiNOR spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Gdańsk (80 - 386) at ul. Lęborska 3B, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number 0000546209, with NIP number: 584-273-49-23, telecommunications terminal equipment and automated systems calling for purposes of direct marketing within the meaning of art. 172 of the Telecommunications Law, in particular concerning the Products presented on mFinans, MultiNOR, Moja Norwegia, and also to present and offer to me, by the Administrator, Expert or their partners, other products or services related in particular to stay and work in Norway".Submission of this statement is voluntary but necessary for the performance of the Services - presentation of Offers using telecommunications equipment.
14. Telephone calls can be recorded, which - if recording a conversation - the Client is informed at the very beginning. If the Customer does not agree to record the conversation, they should use the Form available on the Website or contact the Administrator in a different way. The Administrator may also make an appointment with the Client using an internet messenger that allows sharing the client's computer screen (e.g. Skype) - data or recordings from such video calls will not be stored by the Administrator.
15. The Administrator may provide Personal Data and information provided by the Customer to the designated third party for the initial assessment of credit rating and creditworthiness - with the Client's prior consent expressed in a statement stating the following: "I agree to the Administrator, i.e. Inventive Logic spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Gdańsk (80 - 386) at ul. Lęborska 3B, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number 0000709320, with the tax identification number NIP: 957-09-36-720, of the Personal Data and information provided by me to Experian AS, org. no. 881 917 122, Karenslyst Alle 6, Postboks 5275, Majorstuen, 0303 Oslo, in order to inquire about the preliminary assessment of my creditworthiness, necessary to conclude an agreement for one of the Products offered on the special services mFinans, MultiNOR, Moja Norwegia and authorize the Administrator to submit such a request and receipt of a response that may contain information constituting a bank secret, and which will be helpful for the initial assessment of my creditworthiness and credit risk. I also agree to disclose this information by the Administrator of the Expert - MultiNOR with its registered office in Gdańsk (80 - 386) at ul. Lęborska 3B, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number 0000546209, with NIP number: 584-273-49-23, to the Partner - Motty Telefinans AS org . no. 994 110 756, Nygaardsgata 36-38, 1607 Fredrikstad, Norway and the Institution of my choice for the preparation of the Offer and conclusion Agreement on the Product". The Client also acknowledges that the Partner and the Institution may also require re-verification of the Customer's creditworthiness - both by an entity (Experian), as well as another - e.g. Bisnode, operating on the terms available on the websites: https:/www.experian.no/ and https://www.bisnode.no/ and that multiple queries about the same person in the given systems they may reduce the credit score, and if the Customer is negatively verified in these systems or Institution systems - even a temporary block on the possibility of granting loans to a given client, for which circumstances or consequences the Administrator and the Expert are not responsible.
16. After obtaining information about how the application's recognition by the Institution works, the Administrator immediately provides the Customer with the best Offers or information about negative examinations of the application - by phone, via VoIP, SMS, e-mail or on the Website.
17. A change of the Offer is possible (e.g. amounts or dates related to the Product) at the request of the Customer, but requires reexamination of the application by the Partner and the Institutions, which may extend the process of applying for the Product. The provision of para. 16 above shall apply accordingly.
18. The Institutions or the Partner on their behalf may at any stage ask for additional documents, and in the case of refinancing of the previous indebtedness, the Customer may be required to supplement the special annex (table).
19. The Customer acknowledges that the Institutions, as a rule, conclude Product contracts with the use of electronic signature, the so called BankID. The administrator sends the Costumer within due time the instructions necessary to submit the electronic signature. The Customer acknowledges that only some Institutions agree to sign the Agreement on the Product in a writing manner, therefore the lack of electronic signature (BankID) may limit the selection of Offers and may prevent the conclusion of a contract for a specific Product.
20. The consultant contacts the Customer within due time after making the Offers available to confirm whether the Client has successfully concluded a contract with the Institution for the Product. In the case of any problems, the consultant may, on the terms described in the Terms and Conditions, help the Customer to enter into a contract with the Institution and, as far as knowledge and possibilities are concerned, to explain the Institution's procedure and the importance of specific activities.
21. After receiving confirmation from the Partner that the Product will be launched (e.g. payday loans) by the Institution, the Administrator immediately informs the Client about this fact.
§ 5. SPECIFIC RULES CONCERNING CONSUMER CREDITS
1. The provisions of this § 5 of the Terms and Conditions shall apply only if the Product presented on the Website is a consumer loan within the meaning of the Act of May 12th, 2011 on consumer credit (Journal of Laws from 2016, item 1528, and its subsequent ammendments) and Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on consumer credit agreements and the revoking Council Directive 87/102 / EEC (O J L 13 of 22.05.2008, page 66).
2. All data and information on the Products to which the provisions of the legal acts referred to in paragraph 1 above is prepared exclusively by the Partner or the Institution, and the Administrator and the Expert are not responsible for them.
3. The advertisements and information on the Consumer Credit Products presented on the Website contain data on the cost of consumer credit, in particular the interest rate, give to the Consumer in an unambiguous, understandable and visible way:
1) the interest rate of the loan together with information on whether it is a fixed rate, variable or whether both rates apply; this information is provided along with the separation of fees included in the total cost of the loan;
2) the total amount of the loan;
3) the actual annual interest rate.
4. Where applicable, the duration of the contract is also specified, the total amount to be paid by the Customer and the amount of installments and other elements required by law.
5. The information referred to in the above paragraphs 3 and 4 is given on the Website and in the Offer on the basis of a representative example prepared by the Partner or the Institution.
6. The Institution or Partner shall determine the actual annual interest rate and the total amount to be paid by the Customer based on information received from the Customer regarding the components of the Product preferred by the Customer. If the Customer does not provide such information, the Institution or Partner shall determine the effective annual interest rate and the total amount to be paid by the Customer on the basis of a representative example.
7. The Client acknowledges that the Administrator and the Expert are solely authorized to provide the Services being the subject of the Agreement - described in an unambiguous, understandable and visible manner on the Website and in these Terms and Conditions, but are not authorized to perform legal acts on behalf of the Partner or Institution.
8. The Customer acknowledges that the Institution may be required to assess the creditworthiness of the Customer. The creditworthiness assessment is made on the basis of information - of the Personal Data obtained from the Customer or based on information obtained from relevant databases or Institution data sets (if applicable). The Customer may be required to submit, upon request of the Institution - provided by the Partner, Administrator or Expert, all documents and information necessary to assess the creditworthiness. If the creditor is a bank or another institution legally authorized to grant loans, the creditworthiness assessment is made in accordance with the detailed regulations applicable to these entities.
9. The Administrator, the Expert and the Partner do not examine the Customer's final creditworthiness - other than the initial examination described in § 4 para. 15 above and are not responsible for the result and reliability of any such tests.
10. The institution may refuse to grant the consumer a consumer loan or a contract for another Product, for which the Administrator and the Expert shall not be liable.
11. The Partner or - if possible - the Administrator or the Expert will provide the Client with explanations regarding the information provided by the conclusion of the consumer credit agreement and the content of the contract to be concluded - in a manner enabling the decision to conclude the contract (using the Offer). Regardless of the above, the Customer is obliged to immediately report any doubts in this regard.
12. The Customer may submit an application for receiving a free draft consumer credit agreement, if in the opinion of the Institution or Partner, the Customer meets the conditions for granting him consumer credit by the selected Institution. The Administrator and the Expert do not make a binding assessment of meeting the conditions for granting consumer credit to the Client and do not take a decision to grant it, therefore the motions referred to in the preceding sentence should be addressed first to the Partner or Institution.
13. Before concluding a contract based on the submitted Offer, the Customer may receive an information form containing detailed, specific information about the terms of the Offer.
14. The entities supplying the Product (providing services related to it), with which the Partner cooperates in the preparation of Offers for Customers using the Website, are in particular: MyBank ASA, Enebakkveien 133, 0680 Oslo, org. 916 012 683, Resurs Bank AB, Postboks 979 Sentrum, 0104 Oslo, org.nr. 984150865.
§ 6. RESPONSIBILITY
1. The Administrator commits to perform the Service by acting with due care required from a professional entity - based solely on data and information provided by the Customer.
2. The Administrator stipulates that it is not liable for any consequences of providing false, incomplete or selective data by the Customer in the course of the Services via the Form or otherwise communicated to the Administrator or Expert for the purpose of preparing the Offer, he is not responsible including in particular for incurred Damages or lost profits by the Customer, including, in particular, unsatisfactory Customer Offers or refusal or negative consideration of the Customer about the Product.
3. The Administrator does not guarantee that the data presented on the Website or the Offer prepared by the Partner are free from errors, and he is not responsible for the consequences of their use when making any decisions, actions or omissions by the Customer, including financial decisions.
4. The Administrator is not responsible for the timeliness and truthfulness of financial data and bank offers available on the Website. The Costumer acknowledges that these contents are prepared exclusively by the Partner in cooperation with the Institution and the Administrator only prepares a place on the Website for their publication.
5. The Customer acknowledges that the Administrator has no influence on the speed and manner of action of third parties - including the Partner and the Institution and that the positive recognition of the Customer's results for the conclusion of the Product Agreement may depend on the Institution's discretion and is not responsible for their actions or omissions.
6. If the Service is performed by the Administrator in a faulty manner, the Customer is entitled in particular to the right to demand the removal of defects or to withdraw from the Agreement, but this right is not applicable if the defect is irrelevant.
7. Claims arising from defects in the performed Service are recognized in the complaint procedure, in accordance with § 7 of these Terms and Conditions.
8. The Administrator is not responsible for the failure of effect based on the terms of the selected Offer presented on the Website of the Client's agreement with the Institution and any consequences related to it - including in particular, but not exclusively, costs incurred to the Customer in connection with lost profits and indirect damages.
§ 7. COMPLAINTS
1. If the Customer finds any faults in the Service performed or if the Terms and Conditions are breached by the Administrator, the Customer has the right to lodge a complaint against the Administrator.
2. The complaint should:
1) be sent on a complaint form or a corresponding form available on the Website or an e-mail to the following address: email@example.com or firstname.lastname@example.org - immediately with the reason justifying its submission, preferably not later than within 7 days after the Customer's becoming aware of such a reason,
2) contain the reason for making a complaint and specify the scope of the Customer's request,
3) contain valid customer data enabling a return contract from the Administrator,
4) indicate other relevant circumstances.
3. The date of the complaint shall be understood as the date of its introduction to electronic communication in such a way that the Administrator could become familiar with its content. In each case, the Customer will receive a confirmation of the impact of the complaint to the Administrator via e-mail or SMS.
4. The administrator considers the complaint within 30 days from the date of its receipt. The decision of the complaint by the Administrator is final and can not be appealed.
5. In the event of failure to respond to the complaint within the time limit referred to in the preceding sentence, the complaint shall be deemed accepted.
§ 8. THE RIGHT TO WITHDRAWAL FROM THE AGREEMENT TERMINATION OF THE AGREEMENT WITHDRAWING
1. The service is considered to be fully executed at the moment the Customer concludes a contract with the Institution using the Website's Offer selected on the Website.
2. In accordance with the provisions of the Act of May 30TH, 2014 on consumer rights, the Customer has the right to withdraw from the Agreement without giving a reason and incurring costs within 14 days from its conclusion. By accepting the Terms and Conditions, the Customer acknowledges that the declaration of withdrawal from the Agreement referred to in the preceding sentence may be submitted on the form, the model of which is attached as Annex 2 to the Act of May 30th, 2014 on consumer rights or on the form, whose model is delivered to the Customer on a durable medium - along with the information sent after the conclusion of the Agreement.
3. The Customer acknowledges that he may have the right to withdraw from the conclusion on the distance of contract regarding the Products - including contracts for financial services or other services concluded with the Institution at a distance - including in particular with the help of the Services provided in accordance with these conditions. However, bearing in mind that the Administrator is not a party to the Product's agreement concluded on the basis of the Offer, the Customer can not submit a statement of withdrawal from the contract concluded with the Institution through the Partner's Product agreement (e.g. financial services) through the Administrator or Expert.The Customer acknowledges that neither the Administrator nor the Expert is authorized to accept the Customer's declarations in this regard, therefore any Costumer's statements to the Administrator or Expert regarding termination or withdrawal from the contract with the Institution are ineffective and do not have any effects on the Product's agreement concluded by the Customer with the Institution.
4. The Customer may terminate the Agreement at any time, provided the complaint procedure is exhausted, unless agreed otherwise with the Administrator.
5. The Administrator may terminate the agreement at any time, in accordance with applicable regulations.
6. The Administrator reserves the right to withdraw from the Agreement in whole or in part in the case of a breach of the Terms and Conditions by the Customer, in particular those referred to in § 3 para. 8 above, as well as in cases where data, documents or information provided by the Customer are incomplete and do not allow the correct performance of the Service - either immediately or after prior determination of the deadline for completing the deficiencies or abandoning infringements - at the Administrator's choice, but not later than within two years from becoming aware of the violation of the Conditions.
7. In the cases referred to in the paragraphs 5 and 6, the Customer will receive a statement on the withdrawal from the contract by the Administrator to the e-mail address provided in the writing form - by registered mail.
§ 9. FINAL PROVISIONS
1. These Conditions govern the Administrator's mode of providing all Services via the Website in a full, comprehensive and exclusive manner, unless a properly authorized Administrator's representative authorized to make declarations of will on behalf of the Administrator expressly agrees with the Client otherwise, which will be confirmed on a durable medium.
2. In matters not covered in the Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular the Civil Code, and the Act on consumer rights referred to in the introduction. However, this provision does not violate the mandatory provisions of the law, as well as the obligation to apply provisions other than Polish law applicable to the Customer who is a consumer, if applicable.
3. Disputes are dealt with by a competent common court determined according to the provisions of the Act of November 17th, 1964, the Code of Civil Procedure (Journal of Laws of 1964 No. 43, item 296, as its subsequent ammendments), however, if the Customer is not a consumer - all disputes will be resolved by the court having jurisdiction over the seat of the Administrator and only according to Polish law.
4. The customer has the right to use extrajudicial means of dealing with complaints and pursuing claims arising from agreements concluded with the Administrator. A Customer may also have the right to refer the case to entities authorized to conduct proceedings in the event of out-of-court resolution of consumer disputes. Information on this subject can be found on the website http://www.polubowne.uokik.gov.pl/
5. These Terms and Conditions are made available free of charge on the Website and are provided to the Customer on a durable medium - together with the confirmation of the Agreement conclusion, as well as made available to the Customer at any request - in a form enabling its reproduction and recording by the IT system used by the Customer.
6. The Administrator reserves the right to change the scope and manner of providing the Services at any time, including changing the Expert, Partner or Institution, introducing new or removing previously provided Services and conducting and canceling promotional campaigns in cooperation with the Partner or Institutions.
7. The Administrator reserves the right to change these Terms and Conditions at any time, in particular in the event of changing the applicable law or imposition of specific obligations on the Administrator by state authorities, as well as to improve the operation of the Website and customer service, improve the protection of customer privacy and prevention of possible abuse. All changes to the Terms and Conditions come into force within 14 days from the date of their announcement or handing over to the Customer and also concern the further implementation of Agreements concluded before that date, unless the Client makes an objection to the changes - in this case the Agreement is terminated upon the entry into force of the amended Terms and Conditions.