Terms and conditions
In this document, we, Raiffeisen CentroBank AG, use certain words that are capitalized that have specific meanings as detailed below. These definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Application (also referred to as “App”) means App the mobile application software provided by Us which You can download from Application Stores.
- Application Store (also referred to as “App Store”) means the digital distribution App operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application is available for download.
- Account means an individualized Customer account created for and assigned to You in connection with the Application to access our App or parts of our App subject to individualized access credentials as described in section 5) Authorization.
- Company means Raiffeisen Centrobank AG, incorporated in Austria, company register number FN 117507f at the Commercial Court of Vienna, with its registered office at Am Stadtpark 9, 1030 Vienna. Raiffeisen Centrobank AG is credit institution pursuant to § 1 of the Austrian Banking Act and subject to supervision by the Financial Market Authority, Otto-Wagner-Platz 5, A-1090 Wien as well as the European Central Bank, Sonnemannstrasse 22 D-60314 Frankfurt am Main. Raiffeisen Centrobank AG is subject to legal regulations (as amended from time to time), in particular, the Austrian Banking Act (Bankwesengesetz) and the Securities Supervision Act (Wertpapieraufsichtsgesetz); further information on the Company and additional legal information is available under the following link:www.raiffeisendigital.com/imprint.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our App.
- Third-Party App Providers means any Apps or content (including data, information, products, or Apps) provided by a third-party that may be displayed, included or made available by the App.
- Customer means the individual user using the App.
2) Description of the app
The Company makes the App available to the Customer which makes it possible to receive information on and enter into consumer loan products offered by the Company, as further described in section 3) Purpose of App.
There are no charges for installing and using the App. In conjunction with usage, there may be costs charged by the network provider for data transmission. These are to be paid by the Customer.
To use the App, the Customer must be at least 18 years old, a citizen of Poland and hold a current bank account with a financial institution incorporated in Poland denominated in Polish Zloty (PLN), have a valid Polish mobile phone number and a valid email address. The minimum device requirements through which the App may be used must comply with the technical specifications, which the Company notifies to the Customer at the time of accessing the App. These are at least the most recent iOS and Android version of operating system and the access to Internet.
3) Purpose of the app
We provide the App to you exclusively for the purpose of application for, and management of, a cash loan for personal use offered by the Company according to separate terms and conditions to be agreed between You and Us. This includes remote verification of Your identity and verification of Your income, collecting Your personal information for the purpose of the loan application (such as name, phone number, email address, residence address, monthly income, financial dependents, marital status, employer information), providing the possibility to chat with a Company representative, request support in regards of managing repayment, payment holidays, full and partial prepayment, as well as providing loan details, repayment schedule and any other information to You required by applicable law.
4) Registration and immediate use
The prerequisites for using the App are:
a. the download and installation of the App on the Customer’s mobile device
b. the Customer’s registration in the App using the identification process as set out in section 5) Authorisation.
d. Polish phone number
e. Email address
The data relating to the Customer requested by the Company for registration purposes must be correct and be provided in full; and subsequently updated if there are changes to it, by correcting the Customer data which can be retrieved in the App. This applies in particular to the email address provided in the app, to which the emails referred to in this usage agreement will be sent by the Company.
Provided that the Company does not reject the Customer’s registration if the Customer fails to fulfil requirements set out in points (a)-(e) above (the Customer would be informed of this in the course of the registration process), the Customer will receive a confirmation from the Company either by email or SMS message for registering for the App. Upon registration, the App usage agreement between the Company and the customer comes into force. The App can be used immediately upon registration and in the absence of a rejection.
Due to the fact the App can be used immediately, the Customer is not entitled to withdraw from the app usage agreement.
The Customer needs to register by providing his mobile phone number and email address during the App installation on the mobile device in order to access the App.
Both, the mobile phone number and email address of the Customer need to be verified upon registration. Verification of a communication channel is ensured by sending a code and/or link to the respective channel, which must be entered into the App or clicked, in case of a confirmation link.
Subsequent access to the App takes place by entering a PIN that the Customer chooses at the time of installation of the App.
To access the App, a phone number and a Personal Identification Number (hereinafter referred to as “PIN”) must be entered during registration. The registered Customer may change the PIN through the App at any time.
Use of biometric identifiers in identification processes:
If the end device is suitably configured, the customer can activate biometric identification (such as fingerprint or facial recognition) in the App to use instead of the PIN process. Following the initial activation of a biometric identifier, the Customer can also switch to another biometric identifier supported by the end device. The biometric identifiers are only stored on the Customer’s end device. If the Customer’s end device does not recognise the biometric identifier, the PIN must be entered manually and sent to authorise the instruction. The customer may deactivate the biometric identifier at any time in the “Settings” area of the Digital Bank app. If the mobile device is lost or stolen, the Customer must inform and instruct the Company to deactivate the identifier. The Customer must ensure that no unauthorised third party has access to the end device.
6) Extent of the customer's rights of use
The usage agreement grants the Customer the simple, non-exclusive and non-transferable right to use the App, together with any updates and other constituent parts, for the Customer’s own, private purposes and for the duration of the usage agreement. Usage for commercial or business purposes is not permitted. The Customer may not change, copy, take apart, recompile, reverse engineer, publish, duplicate, replicate or create derivative products out of the App.
Prior to uploading data to the App the Customer must ensure that he has the appropriate rights of use of the data and that it is lawful to make them public.
The Customer may not use the App to disseminate content that is unlawful, or which may harass or cause distress or inconvenience to any person, or is obscene or offensive, abusive, threatening, defamatory, invasive of privacy, or infringing of intellectual property rights, or objectionable, consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’ or that violates the rights of third parties. The Customer is responsible for content that s/he makes available or disseminates to others. It is therefore the Customer’s responsibility to ensure that all content is lawful and does not violate the rights of third parties.
7) Third-party content
The Company does not assume any warranty or liability for the content from third parties to which access may have been granted via the App. If the Company becomes aware of content from third parties that is illegal, it will remove access to this content immediately. Access to third-party content stored in the App is dependent on the Customer satisfying conditions agreed between the Customer and the third parties. This applies in particular with regard to the identification of the Customer through features (e.g. account number, email and password) agreed with the third party.
8) Customer's duty of care
Every registered Customer shall have the following duties of care:
- The identification credentials must be kept secret. Unauthorised third parties must not be allowed access to the identification credentials. The passing on of identification features to payment initiation service providers or account information service providers is permitted. If it has been agreed that the TANs will be transmitted via a mobile telephone connection, it must be ensured, for the duration of validity of the respective TANs, that no third parties will have access to the telephone sets of such mobile telephone connection.
- If there is reason to believe that an unauthorised third party could have obtained the possibility of misuse of the identification credentials, the authorised user must immediately take the steps as set out under item 10 (Blocking of Access Rights).
- All data input must be checked for completeness and accuracy prior to release.
- The device used for accessing the App must be free from technical defects. No harmful influences (such as viruses, etc.) may emanate from it and affect the hardware and/or software of the Company or of other users.
9) Restrictions on the availability of the app
You access to the App may be occasionally suspended or restricted. Temporary restrictions on the use of the App may be necessary for the purpose of repairs, maintaining and updating the technical equipment required for the App. If these restrictions have to fall between the hours of 06.00 - 24.00, the Company will inform Customers in advance, whenever possible, through e.g. a notification via email. In order to keep the App up-to-date we may offer automatic or manual updates at any time and without notice to you.
The Company is not liable for any damage caused to the customer in conjunction with the App by an independent third party or otherwise through an unavoidable event due neither to a quality defect nor to a malfunction of the Company’s automated data processing facilities.
10) Blocking of access rights
In the event of identification credentials provided by the Company or created by the registered user being lost, and/or in the event of the identification credentials necessary for the creation of a secure electronic signature being lost, or if there is reason to believe that an unauthorized person has acquired the possibility of misuse of any identification credentials, the Customer is obliged to inform the Company immediately.
If it is not possible to inform the Company immediately, the Customer must, as an interim step, change the PIN.
The Company shall inform the Customer about blocking his access rights and of the reasons for the blocking of access by email as soon as possible, but at the latest immediately after the blocking unless such notice would be contrary to Austrian or EU legal norms or objective security considerations.
A blockage can only be lifted by the Company, which shall not be denied for unjustified reasons, in particular if the reasons for blocking have ceased to exist. To lift a blockage the Customer must sent an email from the Customer’s email address (that is verified by the Company in accordance with Section 5) requesting the Company to lift a blockage.
11) Changes to the usage agreement
Changes to this usage agreement will be proposed to the Customer by the Company in the manner set down below (hereinafter referred to as the “change proposal”). The change proposal will set out the clauses affected in the usage agreement and the proposed changes in a comparison table (hereinafter referred to as the “comparison table”).
The change proposal and comparison table will be formally delivered to Customers who are consumers. Delivery will be
- by email; or
- by post.
Upon delivery neither the change proposal nor the comparison table can be amended by the Company. If delivery is by email, the Customer may print out or store the change proposal and comparison table digitally.
The change proposal and comparison table must reach a Customer who is also a consumer at the latest two months prior to the proposed timing of the changes coming into force.
The Customer is deemed to have agreed to the change proposal, if no objection in writing or by email is received by the Company from the customer prior to the proposed timing of the changes coming into force. The Company will draw the customer’s attention to this in the change proposal.
The Company may only agree a change to usage options in the manner described in this item if, taking into account all circumstances (a change to prevailing customer requirements, legal and statutory requirements, the security of banking operations, technical developments or a decrease in the level of service usage leading to a significantly negative impact on cost coverage), this is objectively justified.
This is objectively justified only if the change in usage proposed results in an expansion of the services offered by the Company or a decrease in the services offered by the Company that can be deemed reasonable for the Customer and not a disproportionate change to significant rights and obligations in favor of the Company.
12) Your feedback
You assign all rights, title, and interest in any Feedback You provide to Us. If for any reason such assignment is ineffective, You agree to grant Us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and use such Feedback without restriction on all fields of exploitation known at the date of provision of Your Feedback to Us, including: production of copies of a work with the use of specific technology, including printing, reprographics, magnetic fixing and digital technology; making available to public, introduction to trade, lending for use or rental of the original or copies; public performance, exhibition, screening, presentation and broadcasting as well as retransmission, and making the work publicly available in such a manner that anyone could access it at a place and time selected thereby.
13) Links to websites or URLs of third-party providers
Unless the illegality of content of a link, third party website or URL has been known to the Company or such illegality has been obvious to the Company, the Company does not assume any liability for the content of websites or URLs of other providers to which links are provided in the App. Neither does the Company assume any liability for the uninterrupted availability or full functionality of the links to websites or URLs of third parties included in the App.
14) Duration of the usage agreement
The usage agreement is concluded for an indefinite period of time and can be terminated at any time, either:
- by the Customer without the need to give notice and also through deleting the App from the mobile device,
- or by the Company giving two months’ notice of termination.
The contractual partners are furthermore entitled to dissolve the contractual relationship with immediate effect for good cause.
The Company will deliver a notice of termination to the customer by email or post.
Any Promotions made available through the App will be governed by terms that are separate from these Terms. If You participate in any Promotions, please check the specific terms and conditions associated with these Promotions.
17) Governing law
The Customer can also submit a complaint to the joint arbitration board of the Austrian credit industry (Gemeinsame Schlichtungsstelle der österreichischen Kreditwirtschaft), Wiedner Hauptstraße 63, 1045 Vienna, an independent body for the out-of-court settlement of disputes. Further information about the arbitration board and the conditions of its appeal can be found at www.bankenschlichtung.at. Please note that You can submit a complaint via any Polish member of the Financial dispute resolution network (FIN-NET). The complaint will then be sent to the joint arbitration board of the Austrian credit industry. Participation in the arbitration process is voluntary for RCB. RCB will decide on participation on a case-by-case basis.
20) How you can contact us
The Company communicates with you, the Customer, in Polish.
In addition to surface mail the Company will use email as a means of communication for information and declarations from the Company, or supplementary documents connected to them. Legally non-binding information the Company may also provide to the Customer through the App (in App chats).
The Customer agrees on surface mail and email as the means of communication in relation to the App.
If you have any further questions, you can also contact us by
- Email: firstname.lastname@example.org
- By surface mail: Raiffeisen Centrobank AG, Am Stadtpark 9, 1030 Vienna, Austria