Terms and Conditions

“Safe Family” Medical Telecare Service

I. Service Description

1. These Terms and Conditions ("Terms") define the rules for providing the "Safe Family" service ("Service"), consisting of the selected Safe Family Package along with a compatible Device or GPS Device available in the Safe Family online store (bezpiecznarodzina.pl). The Service enables monitoring and the use of functionalities of devices from the Safe Family store (bezpiecznarodzina.pl), and therefore, the purchase of a Device or GPS Device is only possible together with the Safe Family Package. However, once the Safe Family Package expires, it is possible to purchase only the Safe Family Package if the Device or GPS Device is already owned.

2. The Service is provided by Locon sp. z o.o., headquartered in Szczecin, address: 70-030 Szczecin, ul. Tama Pomorzańska 1, registered in the Register of Entrepreneurs by the District Court Szczecin-Centrum in Szczecin, 13th Commercial Division of the National Court Register, under KRS number 0000132823, with share capital of PLN 1,000,000.00, NIP 852-10-13-334.

3. Before activating the Service, the Caregiver is obliged to familiarize themselves with these Terms. The current price list for Devices, GPS Devices, and Safe Family Packages is available directly on the product page in the online store at bezpiecznarodzina.pl.

II. Definitions:

For the purposes of these Terms and Conditions, the following definitions apply:

III. Activation Confirmation and Service Login

1. The Safe Family Service, consisting of the Safe Family Package and a GPS Device or Device, can be purchased from the Provider’s online store at bezpiecznarodzina.pl. Within 24 hours of completing the payment, an SMS with an activation code and instructions will be sent to the phone number provided during the order. To add a Device or GPS Device, the Caregiver must log in to the Monitoring Application. The login process requires entering the Caregiver’s phone number as the username and the password received via SMS. To activate the service, the Safe Family Package activation code must be entered into the Application.

2. Access to the service is activated on the Caregiver’s phone number, under which the User Account will be created.

3. To download the Monitoring Application:

Downloading and using the Monitoring Application requires an active data connection, which may incur additional charges from the mobile operator.

4. After activating the Service, the Caregiver can add a GPS Device to their account by following the on-screen instructions in the Application or on the Service’s website.

5. Once the Safe Family Package expires, it is possible to purchase only the Safe Family Package from the online store at bezpiecznarodzina.pl.

IV. Deactivation of Safe Family Packages

The Safe Family Packages are automatically deactivated once their purchased duration expires, according to the selected variant. The duration is counted from the day of activation. Deactivation also occurs if the User Account is deleted by the Caregiver.

Reactivation of the Service after account deletion is only possible by contacting the Provider's Customer Service at +91 887 10 01.

Disabling the Service does not automatically result in the deletion of the User Account. The Caregiver can delete their account at any time. To do so, they must log into their account via the Application, navigate to the "Account" tab, and click the "Delete My Account" link.

V. Technical Requirements for Using the Service

1. Using the Service through the Website on stationary and mobile End Devices requires:

2. Using the Service through the Application requires:

3. The Provider reserves the right to temporary interruptions in Service availability due to reasons beyond their control, such as maintenance or servicing of hardware and systems.

4. The Application/Service operates only on primary (non-virtual) networks.

VI. GPS Device Location

1. The GPS Device location is available exclusively within the territory of the Republic of Poland, within the coverage of the Orange, Plus, Play, or T-Mobile Mobile Network, concerning the GPS Device with a SIM card registered under Locon sp. z o.o.

2. GPS Device location within the Service can be checked through the Website or Monitoring Application:

3. The GPS Device location will be displayed as a description and position on a map, based on location requests submitted through the Website or Monitoring Application.

4. The accuracy of GPS Device location depends on multiple technical factors that vary depending on the device's location. If GPS location is unavailable, the Service will provide a Wi-Fi or LBS (Location-Based Service) location.

5. It is generally assumed that located GPS Devices are within the radius presented on the map in the Website or Monitoring Application. The conditions for GPS Device location are as follows:

If any of the above conditions are not met, the GPS Device location will not be possible. The Caregiver will receive a message on the Website or via SMS explaining why the location attempt failed.

VII Liability

1. To ensure the Service functions correctly, the Caregiver must possess a compatible End Device (mobile phone/computer) per these Terms and Conditions.

2. The Caregiver is required to use the Service in accordance with these Terms, legal regulations, and good practices, including respecting the personal rights of third parties.

VIII Service Compliance with the Agreement

1. Issues related to the functioning of the Service can be reported electronically to pomoc@bezpiecznarodzina.pl or by phone at +91 887 10 01 on business days from Monday to Friday between 8:00 AM and 7:00 PM.

2. The Service complies with the agreement if it aligns with the following:

3. Additionally, to be compliant with the agreement, the Service must:

4. The Provider will inform the consumer about updates, including security updates, necessary to maintain compliance of the digital service with the agreement, and deliver these updates during:

5. If the consumer fails to install the updates provided by the Provider within a reasonable time, the Provider is not liable for the non-compliance resulting solely from the lack of updates, provided:

6. The Provider is not responsible for non-compliance of digital content or services concerning updates if the consumer was explicitly informed about the deviation from compliance requirements and accepted it separately and explicitly.

7. Digital services must remain compliant with the agreement during the specified delivery period.

8. The Provider delivers services in the latest version available at the time of the agreement, unless otherwise agreed.

9. If the digital service is non-compliant with the agreement, the consumer may request its correction.

10. The Provider may refuse to ensure compliance if doing so is impossible or entails disproportionate costs.

11. The assessment of disproportionate costs considers all circumstances, including the significance of non-compliance and the value of the compliant service.

12. The Provider must correct the non-compliance within a reasonable time, at no cost, and without significant inconvenience to the consumer.

13. If the digital content or service remains non-compliant, the consumer may:

14. Withdrawal from the agreement is not allowed if the service was provided in exchange for payment and the noncompliance is insignificant.

15. Upon withdrawal, the Provider cannot use consumer-created content except for:

16. The Provider is not entitled to demand payment for the time when the digital service was non-compliant.

17. Refunds are only applicable for the portion of the price associated with the non-compliant service or its undelivered components.

18. Complaints are reviewed within 14 days. Detailed procedures are available in the online store regulations at bezpiecznarodzina.pl.

19. Complaints must include the complainant's full name, email address, phone number, and description of the issue.

IX Personal Data

1. The administrator of the data processed in connection with providing the Service is the Provider, Locon Sp. z o.o. Contact details of the Data Protection Officer: iodo@locon.pl.

2. Data will be processed for the purpose of providing the ordered Service, with the legal basis under Article 6(1)(b) of GDPR, and for responding to potential inquiries and complaints based on the legitimate interest of the administrator in customer communication – Article 6(1)(f) of GDPR. Data may also be processed to establish, exercise, or defend against claims – a legitimate interest of the administrator under Article 6(1)(f) of GDPR.

3. Personal data may be shared with entities providing technical, legal, logistical, IT, and telecommunication support.

4. Personal data will be retained for the duration of the Service provision and afterward only for the purposes and duration required by law or for securing potential claims.

5. Providing data is voluntary but necessary to order and use the Service.

6. The user has the right to request access to their personal data, rectify, delete, or restrict its processing, as well as the right to data portability, the right to object, and the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office.

X Caregiver’s Phone Number

The phone number provided to the Provider by the Caregiver will be used for:

1. Sending GPS Device location information,

2. Sending other information related to the Service, including notifications about fees, terms, the start, and end of the Service,

3. Clarifying unauthorized use of the Service for complaint handling,

4. Pursuing or defending against claims.

XI SIM Card

The Service is provided by the Provider using a SIM card assigned to the Caregiver's GPS Device. The SIM card remains the property of the Provider and is leased to the Caregiver exclusively for using the Services with Devices purchased from the Provider. The SIM card is active only after adding the GPS Device through the Monitoring Application and activating the Service. Any other use of the SIM card is prohibited. The Provider reserves the right to deactivate the SIM card if it is detected being used in a device other than the one it was assigned to or after 30 days of inactivity without an active Safe Family Package.

XII Withdrawal from the Agreement

1. For these Terms, a "Consumer" refers to a natural person acting as a consumer under Article 221 of the Civil Code and a natural person entering into an agreement directly related to their business activity, where the nature of the agreement does not pertain to their profession as outlined in the Central Register and Information on Economic Activity. Consumers are entitled to withdraw from the agreement within 30 days without providing a reason.

2. The withdrawal period expires 30 days from the date the Consumer took possession of the purchased Devices or GPS Devices, or a third party other than the carrier and indicated by the Consumer took possession of them.

3. To exercise the right of withdrawal, the Consumer must notify Locon Sp. z o.o. (ul. Chałubińskiego 8/73, 00-613 Warsaw, email: pomoc@bezpiecznarodzina.pl, phone: +91 887 10 01) of their decision through a clear statement (e.g., a letter sent by mail, fax, or email). A withdrawal form available on the Provider’s website may be used but is not mandatory. Sending the withdrawal notice before the withdrawal period ends is sufficient to meet the deadline.

4. In case of withdrawal, the Provider will refund all payments received, including delivery costs (excluding additional costs arising from the Consumer’s choice of a delivery method other than the least expensive standard delivery offered), promptly and no later than 14 days after being informed of the Consumer’s decision. Refunds will be made using the same payment methods unless otherwise agreed upon, without any fees.

5. The Provider may withhold the refund until receiving the returned Devices or GPS Devices or proof of their return, whichever occurs first. Devices must be returned to the Provider promptly and no later than 14 days from the Consumer notifying the Provider of the withdrawal.

6. The Consumer bears the direct cost of returning the Devices. The Consumer is only liable for any diminished value resulting from use other than necessary to determine the characteristics and functionality of the goods.

XIII Final Provisions

1. The Terms and Conditions are available at https://bezpiecznarodzina.pl/regulamin.

2. The Provider, Locon Sp. z o.o., reserves the right to amend these Terms for the following valid reasons:

3. Changes to the Terms will be announced on the website and Monitoring Application with 14 days’ notice.

4. Users have 14 days to familiarize themselves with the amended Terms.

5. Upon the effective date of the new Terms, Users will continue using the Service under the updated conditions until termination by the Provider or User.

6. Should the Provider need to terminate the Service due to loss of content rights or changes in legal regulations, it reserves the right to do so with 45 days' notice while fulfilling obligations until the termination date. Users will be informed via SMS.

7. These Terms and Conditions are effective from January 1, 2023, and supersede all previous versions.