UP MOBIL APP USE TERMS AND CONDITIONS

These Terms and Conditions (hereinafter referred to as “The Terms and Conditions”) define the rights and obligations of any users connecting to the Up Mobil App (hereinafter referred to as “The Users”).

The Up Mobil App is placed at your disposal by UP ROMÂNIA S.R.L., with its registered offices in Bucharest, 42, Soseaua Dudeşti-Pantelimon, district 3, registered with the Trade Register Office nearby the Bucharest Legal Court under registration no. J40/6468/2002, fiscal identification number 14774435 (hereinafter referred to as “UP ROMANIA”).

Your access to the Up Mobil App (hereinafter referred to as “the mobile app” or simply “the app”) involves acceptance and compliance with these Terms and Conditions for the use of our mobile app.

UP ROMANIA reserves the right to modify at all times these Terms and Conditions, any such changes being brought to your attention the next time you access the app.

I. Mobile App Scope of Use

The Up Mobil App enables you to:

– manage your electronic support(s) to which the amounts of the value vouchers issued by UP ROMANIA are being transferred, receive notifications and view the information on the transactions made;

– modify the status of your account in the app (e.g. delete the account), including information associated with the account;

– view, depending on location, the name and address of the affiliates accepting electronic format value vouchers issued by UP ROMANIA as a means of payment for goods and services thus purchased. All such establishments accepting value vouchers, irrespective of their type, are hereinafter referred to as “the Affiliates”

– view and receive UP ROMANIA and affiliate offers (discounts, customised promotions), newsletters;

II. Creating a User Account in the Mobile App

The mobile app can be downloaded free of charge from the App Store and Google Play.

Mobile App services can only be accessed by users that are holders of at least one electronic means of payment, hereinafter referred to as “Card”, issued by UP ROMANIA, where the respective user receives value vouchers. Thus, a user can hold one, several or all types of cards issued by UP ROMANIA, as follows:

Therefore, provided that you have at least one card issued by UP ROMANIA, you can set up a user account in the mobile app, by successively introducing the following information: an active e-mail address, the card number of any card owned by the user (the number should contain 16 figures), as well as the last 6 figures of the cardholder’s personal identification number. After accepting the terms and conditions for use of the app and the personal data processing policy, you can also set up the new password to complete your app account.

The above-mentioned account set-up method is valid for any of the UP ROMANIA cards that you hold, provided that they are within their validity period, irrespective of whether they were issued by one or several different Employers.

Once you have created the account, you can choose to receive notifications on the transactions carried out using the card/cards, as well as commercial messages, marketing communications, invitations, requests for polls, in the form of app notifications, e-mails or SMS.

You need to keep confidential your mobile app signing in information. Any app signing in occurrences shall be deemed to have been initiated by yourself and the full liability for consequences engendered by access of unauthorized third parties to your account shall lie with yourself as well.

III. Subsequent Access to the Mobile App Account

Once the account has been created, access shall be carried out based on a user name (the e-mail address provided upon signing up) and on a password you have chosen. Password changes (including in the event of forgotten passwords), shall be carried out by following the steps indicated below, the new password being then received and typed in within the mobile app.

Once signed in, you can use the app for the following purposes:

  1. manage your card/cards: check and receive notifications on the balance and transactions carried out using each of the cards, carry out operations related to the setting of the card/cards (card activation, blocking and unlocking, PIN code requests), view information on the validity of value vouchers and the card/cards;
  2. view the map of UP ROMANIA affiliates, for each of the cards, depending on your location;
  3. view offers of the UP ROMANIA affiliates in the “Offers” menu, selected based on your location;
  4. manage receipt of offers and promotions related to UP ROMANIA products and services, as well as products and services of UP ROMANIA affiliates, by app notifications, e-mails and/or SMS, should you have opted for any of these;
  5. recommend for affiliation merchants not accepting payment by UP ROMANIA cards as yet;
  6. get in touch with us in order to send us your feedback on the app;
  7. change some of the data that you have provided in order to sign up (i.e. e-mail, phone number), in which case the new data you have indicated shall replace the previous ones and shall hereinafter be valid for all your interactions related to UP ROMANIA cards, within the app, as well as outside it.
  8. receive notifications on the functioning of the app and delete your user account from the app. This latter operation shall have as an effect deletion of your activity within the app, without engendering, however, deletion of your personal data and of your activity related to the card/cards you own, which shall be recorded and processed according to the rules and legislation applicable for value vouchers and cards. Furthermore, should you wish to use the app again, you shall have to set up a new account in the app.

IV. Intellectual Property

The mobile app, its design and content including all components thereof (text, images, brands, logos, software, databases) are the property of UP ROMANIA or other companies which are part of the same group as UP ROMANIA or its partners and are therefore protected by the applicable legislation on intellectual property rights.

Use in other manners than those described in these Terms and Conditions, as well as any change, reproduction, transmission, extraction, reuse, storage, distribution or representation, whether directly or indirectly, by any means and under any format, of the mobile app or any component thereof and/or of any data or information included in the app, whether in part or in their entirety, shall not be allowed, unless UP ROMANIA’s previous written approval to do so has been obtained, or unless these obviously exceed normal conditions of use of the mobile app.

V. Liability

The mobile app is to be used free of charge. UP ROMANIA makes all reasonable efforts to make sure that the mobile app is placed at your disposal permanently, 24 hours per day, 7 days a week, unless force majeure events or other circumstances beyond its control occur, except for the cases when maintenance and repair operations are required for the appropriate operation of the mobile app. To this end, UP ROMANIA is entitled to cease access and/or use of the mobile app or of any part of the mobile app services, with no previous notification and without this engendering any liability towards app users, namely for safety reasons or for maintenance operations needed for the appropriate functioning of the mobile app. Such suspension of access and/or use is brought to your attention by the app, and its effects can be immediate, the users being notified with regard to the suspension duration and requested to contact UP ROMANIA as soon as possible.

Furthermore, UP ROMANIA shall make all reasonable efforts to make sure that the information published in the app are accurate and up to date. UP ROMANIA reserves the right to rectify or amend the mobile app and the information it contains, at any moment, with no previous notification being required.

No liability from UP ROMANIA’s side shall be engendered in any of the following circumstances (this list below being by no means exhaustive):

  1. use of the mobile app without complying with these Terms and Conditions for use;
  2. internet connection issues and any other risks associated with the use of internet (viruses, IT piracy, etc.)
  3. fraud and similar offences, including those engendered by a third party’s action or lack of action resulting in account closure/suspension (e.g. simultaneous access of the account by several people, etc.);
  4. UP ROMANIA system security breaches;
  5. deficient functioning or incompatibility of your equipment used in association with the mobile app;
  6. services provided by third parties, including affiliates.

VI. Links

The mobile app can include links to other internet sites. Links to other resources can lead to app quitting, in order to access other sites, in which case UP ROMANIA shall by no means be liable for the content or browsing of such sites.

UP ROMANIA does not authorize creation of any hypertext links to the mobile app without its previous explicit approval in writing.

VII. Evidence. Applicable Law

All the data processed within the mobile app are to be safely stored and shall be deemed to represent proof of communications and operations carried out by yourself in the app, as well as any other requests / requirements for UP ROMANIA to yourself or the other way around.

Any disputes having arisen in connection with the mobile app are subject to the Romanian law and settlement thereof if of the exclusive competence of legal courts within the area where the UP ROMANIA offices are located.

By accepting these „Terms and Conditions” at the time when you sign up to the mobile app, you agree with the content thereof and accept that this agreement should be construed to be a contract concluded in between yourself and UP ROMANIA. You shall be notified each time these Terms and Conditions are amended and use of the app after such notifications is deemed to mean acceptance thereof. Should you no longer agree with the Terms and Conditions described above, you shall no longer be able to use the services placed at your disposal by the mobile app.

Re. the personal data processing within the app, please consult the „Personal Data Processing Policy” displayed in the app.