The Website and online Platform are owned by www.polaroo.com the Spanish company, WIDUID UNIFIED SERVICES, S.L., with registered address at Calle Tuset, 23-25, 4º, 08006 Barcelona, Spain, registered in the Mercantile Register of Barcelona in Volume 46126, Page B-67087403, Folio 22. Tax ID no. B67087403 (‘POLAROO’).
The following definitions will be used for the effects of these Terms and Conditions:
1.1. Application: technological system belonging to POLAROO and called ‘Polaroo’, through which services are offered and operated, and clients are provided with the digital content and tools that enable the various elements that make up the services (the ‘PLATFORM’ or ‘Polaroo’) to be coordinated.
1.2. Client or Member: any person or entity that uses or connects correctly to Polaroo and is therefore subject to these general conditions.
1.3. Client Data: the information provided by Clients of the PLATFORM, and the information relating to the transactions carried out.
1.4. Suppliers: companies that supply household utilities.
1.5. Service: The services provided by POLAROO to their Clients through the PLATFORM, as described below. Services can be updated, added or removed at any time at the discretion of POLAROO.
1.6. Website: technological system owned by POLAROO that can be accessed at www.polaroo.com or through the POLAROO app that can be downloaded on iOS and Android.
1.7. Transaction: any activity carried out on the PLATFORM by a Client.
1.8. WIDUID UNIFIED SERVICES, S.L.: the Spanish limited company that owns the PLATFORM and Website, the technology and Services, and other companies in the same group, or affiliates, as applicable.
Article 2 -. Objective
2.1. These Terms and Conditions regulate Client access to the POLAROO Services, Website and PLATFORM. When you access the PLATFORM or Website, you unconditionally accept these Terms and Conditions of Use. If you do not agree, understand or feel comfortable with any of the clauses in these Terms and Conditions, please cease to use the PLATFORM and Website, even if only for information, as just accessing and browsing these are subject to the conditions laid out in this document. If you have any queries, please contact us and we will be delighted to respond to all your questions about our Website, PLATFORM and Services.
2.2. By agreeing to these Terms and Conditions of use you declare that:
(a) You have read and understood the contents.
(b) You undertake to comply with all the requirements herein.
(c) You are of legal age and have sufficient legal capacity to use the Service.
2.3. You must register as a Member to use the Services offered by POLAROO. You acknowledge and agree that POLAROO can add or alter any features of your programmes and services at any time.
Article 3 -. Registration
3.1. Anyone who has agreed to these Terms and Conditions and has registered on the PLATFORM, following the relevant procedure, will be considered a Member (being a Member is the same as being a Service Client). Inscription through an agent or third party is prohibited.
3.2. After prior notification to the Client, POLAROO reserves the right to deny registration to Members who have previously been withdrawn or those who not been considered suitable members by POLAROO, for whatever reason. This restriction on use can be temporary or permanent.
3.3. To register, carefully read the instructions on how to complete the form provided on the PLATFORM or Website, and enter the information required. You declare that all the information you give to POLAROO is correct, complete, accurate, comprehensive and up to date; otherwise, after first notifying the user, POLAROO can immediately suspend or close their account, according to the situation.
3.4. You should keep your personal information, payment methods and contact details up to date. Any transactions carried out before personal data are updated will be based on the information held in our records. POLAROO does not accept any responsibility for any losses, delays, costs or damages incurred because of outdated information, or errors or inaccuracy in the data provided.
Article 4 -. Member Obligations
4.1. POLAROO can request that Members are authenticated before using some of their Services, such as making payments online or updating personal data. POLAROO will allocate a personal Client identifier (ID) and password to the Member for this purpose. The Client is advised to change their password periodically to prevent unauthorised or unwanted access to their account by unapproved third parties.
4.2. Registered Clients will be responsible at all times for the safekeeping and confidentiality of their account details, such as their password, and for restricting access to their computer or devices, and they will be held responsible for any damages that may arise as a result of improper use, cession, revealing or loss of their password. The Client must inform POLAROO immediately if they have reason to believe that their password has been, or could potentially be, used in an unauthorised manner.
4.3. Members agree and undertake to keep their Client ID and password secret and not to reveal them to third parties. Once the Client ID and password introduced are confirmed as corresponding to the records, POLAROO will assume that access has been requested by the Member and will not be responsible for any losses or damages arising from use of the Client ID and password by unauthorised third parties.
4.4. Transferring, subcontracting and transmitting the condition of Member and the rights granted by POLAROO, through the use of the PLATFORM or Website Services, to third parties is strictly prohibited and will be considered a serious breach of these Terms and Conditions.
4.5. Clients agree to use the Service lawfully, and as dictated by moral principles, public order and these Terms and Conditions of use. Clients also agree to use the Service appropriately and refrain from using it for illicit or criminal activities, or activities that subvert the rights of third parties or infringe any law.
Article 5 -. POLAROO
5.1. The Polaroo Website is a PLATFORM operated by POLAROO, and its purpose is basically managing bills and direct debits, such as the utilities signed up to by the Client, and to consolidate bill payments.
5.2. POLAROO enables the Client to bring together all their utility bills and direct debits in the same PLATFORM. Although POLAROO facilitates payment of these bills through their PLATFORM, POLAROO is not a utility Supplier. Therefore, the contracts that underlie payment of utility bills are between the utilities suppliers and the final Client only. POLAROO is not involved in these contracts and does not assume any responsibility for them, nor does it represent the utility Supplier.
5.3. Unless expressed agreed otherwise, POLAROO does not control or take any responsibility for the Services offered or provided by the Suppliers: the latter will assume sole responsible for implementing the transactions requested by Members. Therefore, POLAROO is not a producer, in accordance with Articles 5 and 138 of Royal Decree 1/2007, of 16 November, approving the revised text of the General Consumer and User Protection Act.
5.4. Notwithstanding the abovementioned, POLAROO will ensure compliance with consumer rights and the obligations of the respective parties established in Spanish legislation. In the case of a dispute, POLAROO will provide the information and documents held in their databases relating to the specific transaction when requested by either party, to help resolve the dispute.
Article 6.- Contract conditions
6.1.1. Prices for all services have been set by the Suppliers. POLAROO has not been involved in setting these prices. POLAROO will only take responsibility for issues relating to their own Services offered through the PLATFORM and given directly to the Client. Please refer to the Prices section in the FAQs.
6.1.2. All prices include the legally applicable taxes.
6.1.3. The Client acknowledges and agrees that POLAROO offers no guarantees as to the suitability, reliability or accuracy of the information provided on the Website and is therefore not responsible for any error, whether typographical or of any other type, nor for any inadequate functioning of the Website. In the event that the price or features of a service are so obviously incorrect that they constitute an abuse, POLAROO reserves the right to reject or cancel any Service regardless of whether it has been confirmed by the Client ‘double-clicking’. POLAROO will always contact the affected Client and, where applicable, will offer any further information that the Client might require in this respect.
6.1.4. The cost to the Client of POLAROO’s Services is €2 per month, including VAT. This cost will be included in the monthly payment agreed with the Client. The cost can increase if additional utilities are added to the PLATFORM by the Client for management and consolidation in the monthly payment. The Client will always be notified first.
6.1.5. Moving house, and other specific circumstances, will trigger one-off payments, but these will always require the prior consent of the Client. Each case and each Client will be treated individually. Once defined, these costs will be added to the terms.
6.2. Fraudulent payments and transactions
6.2.1. The Client agrees to pay a consolidated monthly payment for their utilities, based on their consumption and profile. POLAROO can change this amount to ensure satisfactory payment of the Client’s utility bills. No changes will be made without prior notification and explication to the Client. In exceptional cases where a Client’s consumption differs from the historic data used by the software as a baseline, the Client will be notified and, if there is no response to two attempts at notification, the monthly payment will be amended to meet the sums required by the relevant utility Suppliers.
6.2.2. In order to manage the transactions carried out on the Website, POLAROO will collect the amounts paid by the Client using the payment methods provided on the Website and will transfer them to the Suppliers, using the method agreed. Members can only use the Website to sign up to the utilities offered by Suppliers that have agreements with POLAROO to regulate payment methods and bind them to contract conditions.
6.2.3. POLAROO reserves the right to use electronic payment methods provided by third parties or financial institutions to handle payments made by Members through the Website, in collaboration with the payment method supplier.
6.2.4. POLAROO reserves the right to request from the Client the documents it needs to confirm the identity of the buyer and the holder of the payment method used if there is a suspected fraudulent payment, including the use of stolen cards, or any other fraudulent activity.
6.2.5. If POLAROO considers that a Member is proven to have carried out a fraudulent activity, they can report these activities, by providing the findings to the relevant authorities.
6.2.6. Under no circumstances will POLAROO be responsible for unauthorised use of credit cards or any other payment method accepted by the PLATFORM or Website, regardless of whether the owner has reported it or not, as long POLAROO is unaware of the fraudulent nature of these activities.
Article 7 -. Exclusion of liability
7.1. Suppliers may contact you in relation to the utilities they provide you and your transactions with them, and other matters of interest.
7.2. You acknowledge and agree that POLAROO is not responsible for any damages caused by system outage, delay, suspension or loss of data due to the connection or to equipment failure, unauthorised access to data, or other damages suffered by you in relation to the use of the Services provided by POLAROO. Notwithstanding, POLAROO will employ the utmost diligence to resolve any incidents promptly.
7.3. POLAROO does not guarantee the content in the emails sent to or from the Website.
7.4. POLAROO is not involved in the agreements made between Members and Suppliers, and does not assume any responsibility for the information given to the Client by the Supplier.
7.5. POLAROO is not responsible for any losses or damages arising from violation of these Terms and Conditions by the Client.
7.6. You will need a compatible device, internet connection and payment method accepted by POLAROO to use the PLATFORM or Website The price, any other costs and the tariffs associated with the services and devices described in this clause are not covered by POLAROO, unless specified otherwise.
7.7. POLAROO may suspend or terminate provision of their Services, totally or partially, or take necessary measures to maintain service quality, without prior notification to the Client, in the following circumstances:
(I) to carry out routine or emergency system maintenance tasks;
(II) in the event of an overload;
(III) if POLAROO should detect a potential risk of service interruption;
(IV) to ensure Client security, or when it is considered necessary for the good of the service.
7.8. POLAROO accepts no responsibility for any losses or damages caused, directly or indirectly, by suspension or interruption of the Service; notwithstanding, POLAROO will reimburse amounts paid by the Client in respect of transactions that have not completed because of an unexpected service interruption.
Article 8.- Prohibited activities
8.1. By using POLAROO’s PLATFORM, Website or Services, you undertake to refrain from the following activities:
(I) illegal activities or activities that breach agreements between the parties, including, but not limited to, these Terms and Conditions;
(II) acting in a way that could infringe the rights, interests or reputation of POLAROO, the Suppliers or associated third parties.
(III) participating in activities that could affect the appropriate physical or mental development of children, or violate public order and moral principles;
(IV) participating in activities that could interfere with, or injure, the feelings of other users or third parties;
(V) providing inaccurate information;
(VI) sending viruses, malware or any other type of harmful code in software or emails;
(VII) accessing IT equipment belonging to, or operated by, POLAROO, without permission;
(VIII) providing or communicating Client ID and passwords to third parties, or using them with third parties;
(IX) repeatedly introducing incorrect passwords.
8.2. If any of the aforementioned obligations are breached, or if POLAROO considers it necessary, you agree that POLAROO can suspend or cancel your account, and suspend or terminate Service without prior notice.
Article 9 -. Copyright, intellectual property rights and database rights
9.1. POLAROO owns or holds the rights to the domain name, brands and logos, and the PLATFORM and content, including the sample text and images on the Website.
9.2. PLATFORM and Website content must not be used, reproduced, copied, altered or transferred without prior explicit and written consent by the owner. In particular, any use of data mining tools or robots to extract data that is essential to POLAROO’s Services is prohibited. The client is also prohibited from creating or publishing their own databases containing substantial elements of any of the POLAROO Services, without express consent in writing. If you have any queries with regard to the ownership of any content, Service or feature offered through the PLATFORM, please contact us for help.
9.3. Being a Member or Client of the PLATFORM does not confer any intellectual property right over Website or PLATFORM material or content.
Article 10 -. Data and cookies
Article 11 -. Severability of provisions
If any clause in these Terms and Conditions of Use is declared totally or partially null or ineffective, such nullity or inefficacy will only affect said clause or the part of it that is null or ineffective, and all other Terms and Conditions will still apply, and the relevant clause will be considered partially or totally excluded.
Article 12 -. Updating these Terms and Conditions
12.1. POLAROO will periodically revise these general Terms and Conditions. Any alteration or addition made by POLAROO will take effect as soon as it is published on the PLATFORM or Website.
12.2. You acknowledge and agree that you will be bound by the Terms and Conditions applicable to this Website at all times, and you therefore undertake to implement and comply with them.
12.3. In the event that POLAROO assigns subsequent versions of the general conditions to the safekeeping of a trusted third party, both parties acknowledge that the version held in the trusted third party’s records will be the only valid version of the conditions at that moment.
Article 13 -. Governing law and jurisdiction
13.1. These Terms and Conditions shall be governed by, and interpreted in accordance with, Spanish law.
13.2. The Parties agree to renounce any other jurisdiction and submit to the jurisdiction of the courts where the Client is domiciled to resolve any conflicts.