SERVICE REGULATIONS AND GENERAL TERMS OF COOPERATION

§ 1. Definition.

1. Regulations - This document, together with all annexes and supplements to it that directly refer to it, is a regulation within the meaning of the Law of July 18, 2002 "On the Provision of Services by Electronic Means" and defines the rules for the provision of electronic services by the Organizer. The Regulations are always available in the Qiwi Partner mobile application.
2. Organizer. - Qiwi Partner is a spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (04-332), Serocka 20, registered in the register of entrepreneurs of the National Court Register under the number KRS 0000950391, whose registration files are kept by the District Court of Warsaw XIV Commercial Division, NIP: 1133050888, REGON: 521209633, hereinafter referred to as Qiwi Partner.
3. User. - a natural person, legal entity or organizational unit without legal entity status who has duly filled out the Service order form on the website and accepted the provisions of these Regulations.
4. Account maintenance agreement - an agreement concluded between the User and the Organizer on the provision of the Services on the terms specified in the Regulations, which is concluded by the first registration of the User in the Service.
5. Partner - business entities engaged in intermediary activities in obtaining orders for the transportation of persons or property or food delivery/purchases through mobile applications, including Uber, Bolt, Free Now, Glovo, and others.
6. Contracts - agreements concluded for the purpose of providing services by the Users. This means the following agreements:
   1. Rental agreement from the driver - an agreement between the Organizer and the User (an individual without entrepreneurial activity), the subject of which is the rental of a car owned by the User in favor of the Organizer on the terms and conditions specified in the agreement and the Regulations;
   2. Lease agreement in favor of the driver - an agreement between the Organizer and the User (both an individual entrepreneur and a non-entrepreneur), the subject of which is the rental of a vehicle by the Organizer in favor of the User for the personal fulfillment of orders for the transportation of persons or property or food delivery/purchases based on orders from the Organizer's Partners received through mobile applications;
   3. Contract of assignment - an agreement between the Organizer and the User (an individual without entrepreneurial activity), under which the Organizer entrusts and the User undertakes to personally fulfill orders for the transportation of persons or property or food delivery/purchases based on orders from the Organizer's Partners received through mobile applications;
   4. B2B contract - an agreement between the Organizer and the User-entrepreneur, under which the Organizer entrusts and the User undertakes to personally fulfill orders for the transportation of persons or property or food delivery/purchases based on orders from the Organizer's Partners received through mobile applications;
   5. Agreement for the provision of services for a fee - an agreement between the Organizer and the User, under which the User uses additional services for a fee, in accordance with the Tariffs available on the Service, as detailed in the Tariffs provided by the Organizer.
7. Client. - a natural person, legal entity or organizational unit without legal entity status, in favor of which the User provided services in connection with the Agreements concluded with the Organizer.
8. Services. - services provided by the Organizer to the User in accordance with the provisions of the Regulations.
9. Account (Account) - a service provided by the Organizer under the terms and conditions specified in the Rules.
10. Service. - a set of functionalities provided by the Organizer and allowing you to use the Services through the Account.
11. Login - a unique and unrepeatable identifier of the User in the Service, which is a combination of the User's e-mail address and mobile phone number. Tariffs - a list of payments for the Services provided by the Organizer, as well as a list of payments that are imposed on the User in cases provided for by the Regulations (in particular, § 5, clauses 11, 17, 18, 20 of the Regulations) and the Agreements.
12. Cookies ("cookies") - text files stored by a web browser on the User's computer or mobile device for the purpose of storing information to identify the User or to remember the history of their actions on the Service.

§ 2. General provisions

1. The Regulations define the rules:
   1. provision of the Services by the Organizer;
   2. processing of Users' personal data;
   3. filing complaints (claims).
2. The Organizer provides, in particular, the following Services:
   1. support service for Accounts in the Service;
   2. a service that allows you to enter into agreements with the Organizer;
   3. the possibility for the User to download documents related to the services rendered and collected in the course of their performance;
   4. making settlements with the Users on the basis of the documents and documentation provided by them, as well as on the basis of the data from the Apps transferred to the Organizer by the Partners.
3. The Organizer provides the Services by electronic means within the meaning of the Act of July 18, 2002 on the provision of services by electronic means (Dz.U. 2002 No. 144, item 1204, as amended). The Services are paid if it is specified in the Service or the Regulations.
4. Participation in the Service is completely voluntary. The User may at any time refuse to further participate in the Service by following the procedure set forth in the Regulations and request the deletion of his/her data from the database administered by the Organizer, which will mean the termination of all agreements previously concluded with the Organizer.
5. Before starting to use the Services, the User is obliged to familiarize themselves with the Regulations and accept its terms.
6. The Organizer shall not be liable for problems in the functioning of the Service if they occurred as a result of events that the Organizer could not foresee or prevent, acting with due care, as well as in cases of force majeure.
7. The User is obliged to comply with the provisions of the Regulations.
8. The Regulations are provided to the Users free of charge through the Service in a form that allows them to download, save and print them.
9. The Agreement for the provision of paid services through the Service shall be deemed concluded when the User makes the first payment to the Organizer in the amount and manner specified in the Tariffs.

§ 3. Technical conditions for the use of electronic Services

1. For the correct and full use of the Service, the User must have:
   1. a mobile phone with Internet access;
   2. in case of using the Service through the mobile application - a device with the latest version of the Android or iOS operating system;
   3. in case of using the Service through a web browser, it is recommended to use its current version (for example, Mozilla Firefox, Google Chrome, Safari or other software with similar technical parameters).
2. The Organizer may charge for the use of the Service in accordance with the terms and conditions specified in the Agreement.
3. Due to the need to establish an Internet connection to use the Service, in particular to download data from the Service, the operator providing the User with access to the Internet may charge a data transfer fee in accordance with its tariff. The Organizer does not cover the costs of Internet access related to the use of the Service.
4. The use of the Service may require activation of JavaScript scripts or consent to the use of cookies in accordance with the Law of July 16, 2004 "On Telecommunications Law", as well as disabling pop-up blockers and ad-blocking programs (adblock).

§ 4. Provision of the Services

1. The Organizer undertakes to provide the Services specified in § 2, part 2 of the Regulations.
2. The Service is activated after the first successful registration in the Service.
3. It is prohibited for the User to use the Services in a manner contrary to the law or good customs.
4. The individual elements of the Account are an identifier (login) and a password. The User is responsible for keeping them confidential. In case of their loss by the User, the Organizer is not responsible for the consequences arising from this. If the User has forgotten the password, the Organizer will provide the User with a new password through the "Reset Password" function.
5. The organizer reserves the right:
   1. periodically disable the Service for the purpose of its expansion or maintenance;
   2. make single, short-term technical breaks in access to the Service;
   3. send notifications related to the functioning of the Service, as well as informational messages about the current actions of the Organizer to provide the Service and expand its scope to the User's e-mail and/or mobile phone number specified during registration;
   4. terminate the provision of the Service on the terms set forth in § 7 of the Regulations;
   5. delete Accounts (along with their content) that are inactive within the Service.
6. The user is obliged:
   1. use the Service in accordance with applicable law, good customs and the Regulations, in particular, provide true and complete data when ordering and using the Service, as well as update the data within the Account in case of changes;
   2. do not attempt to crack passwords of other Users;
   3. not to act to the detriment of other Users;
   4. comply with the terms stipulated by these Rules and the concluded Agreements.

§ 5. Conclusion of contracts with the Organizer and their fulfillment

1. The User has the opportunity to enter into the Agreements with the Organizer through the Service as specified in § 1, part 6.
2. In order to enter into the Agreements referred to in clause 1, it is necessary:
   1. register through the platform provided by the Organizer, indicating the User's current e-mail address and mobile phone number, which is a confirmation of familiarization and acceptance of these Rules;
   2. verify your Account by entering your mobile phone number or email address and entering the code received to this number/address;
   3. select the type of Agreement in the Service;
   4. fill in the data specified in the Service window;
   5. upload photos of the documents required to conclude the relevant Agreement to the Service. If the documents are in a language other than Polish, the User is obliged to upload their translation into Polish;
   6. confirm and accept the data sent to the Service;
   7. to receive confirmation from the Organizer regarding the correctness of the Account registration and the possibility of concluding the Agreement, while the Organizer does not verify the accuracy of the data entered by the User, and the User is responsible for their accuracy, compliance with the actual state and applicable law and bears full responsibility for this, including criminal and civil liability;
   8. generate the relevant Agreement in order to familiarize yourself with its content, and after accepting the terms and conditions, sign it.
3. The signature referred to in § 5, part 2, clause 8 may be made by handwriting on a printed copy of the Agreement.
4. The Agreement shall be deemed concluded at the moment of its signing by the Organizer. The Agreement shall not be deemed concluded until the Organizer confirms it.
5. The Organizer shall provide the Users who have concluded the Agreement with the opportunity to:
   1. transmit data through the Service in the form of documents related to the costs incurred by the User in connection with the Agreements;
   2. check the status of the User's settlements with the Organizer under the concluded Agreements.
6. Settlements under the Agreements shall be made in the periods specified in detail in the Partners' applications used by the User. To determine the settlement periods, the base period shall be the settlement week, i.e. 7 consecutive days - from Monday to Sunday.
7. The remuneration due to the User (in case of an assignment agreement - after deduction of amounts required by law for advance payments of income tax, social and health insurance) shall be paid upon completion of each settlement period.
8. Settlement periods of individual Partners:
   1. Uber - from Monday 4:00 to Monday 3:59;
   2. Free Now - from Monday 00:00 to Sunday 23:59, and if the week should cover two different calendar months, the Organizer reserves the right to unilaterally shorten or lengthen the settlement week in order not to settle transactions from two different months in one week;
   3. Bolt - from Monday 00:00 to Sunday 23:59;
   4. Uber Eats - from Monday 4:00 to Monday 3:59;
   5. Glovo - 1 week starting from the first launch of the Application by the User;
   6. Other applications - the period defined by the regulations of these applications; in the absence of such a definition, the week from Monday 00:00 to Sunday 23:59.
9. The remuneration due to the User under the lease agreement shall be calculated as follows:
   1. the cost of the trips performed by the User in the relevant billing period shall be reduced by: a) the amount corresponding to the payment withheld by the Organizer's Partner for the services performed by the Organizer with the help of the User (travel, transportation, food delivery, etc.); b) goods and services tax (VAT) charged on the Organizer's services; c) the amount of the Organizer's fixed (zryczałtowanych) costs specified in clause 11;
   2. and shall be increased by: a) the amount of VAT that the Organizer has the right to deduct from the invoices accepted by it, confirming the User's expenses related to the provision of the Organizer's services.
10. If the User who provides services under the assignment agreement receives payment for travel in cash, the amount of funds received shall correspondingly reduce the amount of remuneration under the lease agreement.
11. The fixed costs of the Organizer in the settlement period are:
    1. 170/210 zł - if the User uses the Bolt, FreeNow, Uber, Bliq applications;
    2. 59.90/29.90 zł - if the User uses Uber Eats;
    3. 29.90 zł - if you use Glovo;
    4. 29.90 zł - if you use Wolt;
    5. 29.90 zł - if you use Bolt Food;
    6. car rental costs from the Organizer - under a separate agreement.
12. These costs shall be taken into account only if the User has performed at least one action under the Agreement during the relevant week. The calculation also includes deductions for social and health insurance contributions, as well as advance payments of personal income tax.
13. The remuneration shall be paid by transferring funds to the User's bank account with the Polish IBAN number specified in the Service.
14. The User agrees to the unilateral use:
    1. increase in remuneration (one-time, periodically or permanently);
    2. reduction or increase of payments specified in clause 11.
15. The Organizer shall have the right to transfer all rights and obligations under the Agreements to another entity without the need to obtain the User's consent, with a notice thereof within 7 days.
16. The User irrevocably authorizes the Organizer to deduct all amounts due to the Organizer, including fines, from the remuneration due to the User.
17. In the event of fines imposed on the Organizer as a licensed carrier due to violations on the part of the driver (in particular regarding the appearance of the car or documentation), the User is obliged to reimburse the amount of the fine paid, increased by PLN 1,000.
18. The User agrees to be checked by the Organizer for the presence of a complete set of relevant documents in the car (license extract, driver's ID, driver's license, medical and psychological certificates, etc.) and proper car marking.In the event of violations, the Organizer has the right to impose a fine of PLN 5,000 for each case.
19. Upon termination of the Agreement, the User is obliged to return the license extract and driver's ID on the day of termination of cooperation or in the absence of completed trips within 3 months.
20. A fine of 5,000 zł is also imposed if:
    1. transportation with the Organizer as a partner without a signed Agreement;
    2. transferring a license statement to third parties;
    3. transferring the driver's ID to third parties;
    4. use of the Organizer's documents after the Agreement is completed;
    5. failure to appear for inspection.
21. If the fines do not cover the Organizer's full losses, the Organizer has the right to demand compensation in full.
22. The User is obliged to pay the Organizer for the received cash within 3 days after the end of the billing period. Failure to do so may result in the withholding of funds or blocking of access to the applications.
23. The user is obliged to report any changes to their data within 3 days (in particular, regarding employment, education, pension, reaching the age of 26, etc.).
24. The Organizer has the right to terminate the Agreement immediately if the income from travel does not cover the costs and mandatory payments.
25. In case of receiving information about criminal, civil or administrative proceedings against the User, the Organizer has the right to suspend the Account until the circumstances are clarified.
26. The User is obliged to provide the necessary explanations and documents at the request of the Organizer.
27. The user has the right to appeal the blocking within 7 days. The organizer considers the appeal within 3 days.
28. The organizer does not carry out transportation as a carrier, does not cover the costs of medical and psychological examinations, and does not provide electronic equipment for accepting orders.

§ 6

1. If the User purchases goods or services related to the maintenance of a vehicle used to provide services in favor of the Organizer, the User shall be obliged to:
   1. to receive an invoice confirming the purchase of the relevant goods or services, which will indicate the Organizer as the buyer, as well as contain information from the seller about the full payment of the invoice;
   2. submit the invoice to the Organizer by posting a clear scan or photo of the invoice in the Service in a designated place and send it through the Service within 7 days from the date of purchase of the goods or services.
2. In case of fulfillment of the conditions specified in part 1, the Organizer will refund the amount specified in the invoice to the User within 45 days from the date of simultaneous fulfillment of all conditions specified in part 1.
3. In case the Organizer refunds the funds specified in p. 2, the refund amount shall reduce the User's remuneration due to him/her from the Organizer in the month in which such refund was provided.
4. The Parties note that the amount of the refund referred to in clause 2 may not exceed 50% of the remuneration due to the User for the relevant period. If the amount of the refund due exceeds this limit, the refund shall be made in the following billing periods, taking into account the said limit and the amounts of other expenses claimed by the User.
5. For the avoidance of doubt, the Organizer reserves the right not to take into account the invoices submitted by the User that do not meet the conditions specified in part 1, in particular:
   1. invoices that are suspected of not confirming actual business transactions;
   2. invoices that do not contain the registration number of the User's vehicle covered by the Agreement;
   3. invoices that are suspected of being altered after they have been issued (for example, using graphic programs);
   4. invoices that are not fully submitted;
   5. invoices that are fully or partially illegible;
   6. invoices that are not fully reflected (for example, have folds);
   7. invoices sent in a manner other than through the Service (in particular, invoices sent by e-mail are not subject to settlement).

§ 7. Termination of services

1. The Organizer reserves the right to delete the User's Account from the Service for valid reasons, in particular if the User does not comply with the provisions of these Rules, in particular if:
   1. there is a reasonable suspicion that the User is using the Service in a manner contrary to the law or good customs;
   2. transferred the Account to third parties;
   3. violated the provisions of the Agreements concluded with the Organizer;
   4. executes the Agreements or the Account Service Agreement in violation of the law or good customs.
2. The Organizer also has the right to delete the Account if:
   1. The user has not logged in to the application within 90 days of the last activity;
   2. The User has not fulfilled any Agreement concluded with the Organizer within 90 days.
3. Before termination of the Service for the above reasons, the Organizer may (but is not obliged to) call on the User to cease violations and eliminate deficiencies within the established time limit, except in cases of gross violation of the law.
4. Deletion of the Account means immediate termination of all Agreements between the Organizer and the User and does not entail the Organizer's liability to the User.
5. If the User fails to eliminate the violation within the specified period of time after the warning, the Account Service Agreement shall be terminated immediately and the Account shall be deleted. All Agreements concluded through the Service shall be terminated simultaneously. The User has the right to withdraw from the Account Service Agreement within 14 (fourteen) days from the date of its conclusion.
6. The right to withdraw from the Agreement shall be exercised by submitting a written application, which shall contain at least the following:
   1. User's data;
   2. date;
   3. a statement of the following content: "I (name and surname) hereby notify you of my withdrawal from the agreement for the use of the (name of service) dated (date)" - or wording of similar content.
7. By entering into the Paid Services Agreement, the User simultaneously declares his/her desire to start the provision of the service before the expiration of the term for withdrawal. If the User submits a withdrawal application after the Organizer has started providing the service, the User shall not be refunded the fee for the partially or fully performed service.

§ 8. Complaints (Complaints)

1. The User has the right to file a complaint, in particular regarding the functioning of the Service.
2. Complaints may be filed in writing to the Organizer's address specified in § 1, part 2 of the Rules or by e-mail: biuro@qiwipartner.pl.
3. The complaint shall briefly state the circumstances justifying it, as well as define the User's requirements (indicate what exactly he/she requires from the Organizer).
4. The Organizer shall consider the complaint immediately, but not later than within 14 days from the date of its submission by the User.
5. The Organizer shall notify the User of the results of the complaint consideration in writing or to the e-mail address from which the complaint was sent.

§ 9. Amendments to the Regulations

1. The Organizer has the right to make changes to the Rules.
2. The Organizer shall notify about the changes and the new version of the Regulations by e-mail no later than 3 days before they come into force.
3. The User has the right to terminate the use of the Service within 14 days from the date of receipt of the notice of changes. The notice of termination shall be sent to the Organizer's e-mail address: biuro@qiwipartner.pl. Termination of use of the Service means immediate termination of all Agreements between the Organizer and the User.
4. Amendments to the Rules shall enter into force on the day following the expiration of the period specified in part 2, unless the Organizer has determined another, longer period of entry into force.

§ 10. Processing of personal data

1. As part of the provision of electronic Services, the Organizer has the right, in accordance with Art. 18(5) of the Law on the Provision of Services by Electronic Means, to process the User's personal data, in particular:
   1. User's identification data (login);
   2. data identifying the telecommunication network or information system used by the User;
   3. information on the beginning, end and scope of each use of the electronic service;
   4. information about the User's use of electronic services;
   5. login and password;
   6. mobile phone number.
2. The administrator of personal data necessary for the provision of services or the conclusion or execution of the Agreement is the Organizer - Qiwi Partner sp. z o.o. with its registered office in Warsaw (04-332), 20 Serocka Street, registered in the National Court Register under the number KRS 0000950391, NIP: 1133050888, REGON: 521209633.
3. Based on the Account Service Agreement, the Organizer may process, in particular, the following personal data:
   1. first and last name;
   2. PESEL number;
   3. e-mail address;
   4. mobile phone number;
   5. address of residence;
   6. NIP number;
   7. car registration number;
   8. business address.
4. Based on the concluded Agreements, the Organizer may process, in particular:
   1. first and last name;
   2. phone number;
   3. e-mail address;
   4. address of residence;
   5. PESEL number;
   6. NIP number;
   7. data on the absence of a criminal record.
5. Detailed rules for processing personal data, purpose, legal basis and data retention periods are available in the Qiwi Partner app and at the Administrator's office.
6. In connection with the provision of services, the User agrees to the processing and transfer of his/her personal data in accordance with the applicable Polish law and at the request of authorized bodies, in particular bodies authorized to impose and collect road tolls or fines.
7. The Organizer shall process the Users' personal data solely for the purpose of performing the respective service and to the extent necessary for its performance. Processing for other purposes is carried out only with the consent of the User.
8. Each User has the right to access their personal data, correct it and request its deletion. If it is recognized that the data is processed illegally, the User has the right to contact the Head of the Personal Data Protection Department.
9. In case of receiving information about the illegal use of the Service by the User, the Organizer has the right to process his personal data in order to establish liability and within the period of possible claims.
10. The data may be transferred to third parties that provide IT, legal, tax, accounting or HR services to the Organizer. Such persons process data solely on the basis of an agreement with the Organizer and in accordance with its instructions.
11. The data specified in clauses 3 and 4 shall be processed for 6 years from the date of termination of the Agreement.
12. The organizer ensures an appropriate level of protection of personal data from unauthorized access.
13. Providing personal data is a condition for creating an Account and entering into Agreements.

§ 11. Copyright and intellectual property rights

1. The Service and the works, trademarks, databases, their selection and structure are subject to legal protection in accordance with applicable law, in particular the Law of February 4, 1994 "On Copyright and Related Rights", the Law of July 27, 2001 "On Protection of Databases" and the Law of June 30, 2000 "On Industrial Property Rights".
2. The rights to works, trademarks and databases available on the Service belong to the Organizer or third parties.
3. The Website contains materials protected by copyright, industrial property rights and other intangible intellectual property rights. All materials posted on the Service, including graphics, trademarks, logos, icons, photographs, videos and other content, may not be reproduced or distributed in any form or by any means without permission.
4. The use of the Service or the information contained therein does not mean that the User acquires any rights or obtains a license to works or databases.
5. No part of the materials (including text, graphics, logos, icons, images, photos, audio files, video files, presentations, programs and any other data) presented in the Service may be reproduced or distributed without the prior consent of the Organizer.

§ 12. Confidentiality

1. The User undertakes to keep confidential all information about the Organizer or Partners obtained in any way, in particular in connection with the provision of services or the execution of Agreements, if their disclosure may harm the interests of the Organizer or Partner.
2. The obligation to maintain confidentiality is valid for the duration of the Account Service Agreement, for the duration of any Agreement between the User and the Organizer, as well as for 5 (five) years after their termination or termination, counting from the date of termination of the last valid Agreement.

§ 13. Additional obligations of the User

1. The User undertakes to comply with the provisions of these Rules, the concluded Agreements, as well as other regulations of the Organizer provided to the User in connection with the concluded Agreements.
2. The User undertakes to familiarize himself/herself with and comply with all requirements and recommendations of the Partners providing the applications through which the User provides services, in particular, he/she undertakes to inform the Partners in a timely manner about his/her availability and the level of services provided through the applications.
3. During the term of the Account Service Agreement, as well as any Agreement with the Organizer, the User shall refrain from establishing cooperation or providing services, even similar ones, to entities engaged in activities that are competitive with the Organizer.
4. The User is also obliged to refrain from establishing cooperation with Partners directly, bypassing the Organizer.

§ 14. Final provisions

1. Unless otherwise provided by the Rules, communication between the Organizer and the User shall be carried out:
   1. through the Service;
   2. in writing: to the Organizer - to the address specified in § 1, part 2 of the Regulations; to the User - to the e-mail address or address specified during registration;
   3. to the Organizer in electronic form - by sending a message to biuro@qiwipartner.pl or by phone at +48 692 574 952.
2. The Organizer shall not be responsible for the tax calculations of the Users in case it is not a tax agent when making payments (in particular, if the User carries out economic activities).
3. The Organizer is not responsible for any interruptions or improper functioning of the Partners' applications.
4. All disputes related to participation in the Service on the basis of these Rules shall be governed by the laws of Poland and subject to the jurisdiction of the Polish courts competent at the location of the Organizer.
5. The Regulations are an integral part of the Agreements concluded between the User and the Organizer. In case of conflict between the provisions of the Agreement and the Rules, the provisions of the Rules shall prevail.