§1. General Terms
- These Terms of Service shall constitute a standard contractual agreement and they define general conditions as well as rules of the Agreement a User and the Service Provider enter into. In order for the Services to be provided it is required that You acknowledge and accept provisions of the Terms of Service.
- The Service within the Application shall be provided without any territorial and and in accordance with the time limits indicated in the Price List and / or Application.temporal limitations.
- The Services are provided and the Agreement is realized by Service Provider in accordance with CET (Central European Time).
- The Terms of Service have become effective as of 27.02.17.
- For the following words and phrases used in the Terms of Service the following meaning shall be adopted:
- Data Controller / Service Provider- Codemy Spółka Akcyjna based in Wrocław (53-125), Kasztanowa 18 Street, Poland, Tax Payer’s Number (NIP): 8992780056, statistical number (REGON): 363252447, company number (KRS): 0000612529, e-mail: email@example.com, a company entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, VII Commercial Department of the National Court Register. Founding capital fully paid up: PLN 100 000.
- Terms of Service these Terms of Service,
- Website – https://kodilla.com,
- Application – a computer program accessible through the Internet and log in to the Website,
- Service – a service provided to User by Service Provider by means of electronic communication and through the Application. The Service shall be provided in compliance with binding law and provisions of the Terms of Service,
- Agreement – an agreement on provision of the Service concluded between User and Service Provider, subject to the provisions of the Terms of Service,
- Company – a natural person conducting on his/her own behalf business activity or a natural person representing a legal person, or an entity having legal capacity according to the applicable law who is capable of entering into the Agreement with the Service Provider,
- Natural Person – a Natural Person or the Entrepreneur to whom at least one role is ascribed in the Application;,
- third party –any natural or legal person or entity having legal capacity according to the Polish law, except for the User and the Service Provider,
- User – Natural Person or Company,
- Account – a collection of information and settings saved in Service Provider database for User, being a part of provision of Service Provider services to User. In order to make access to User Account provision of a proper Password shall be required,
- Registration – an act which is required in order to create an Account in the Application and for the following acts of making use of the Service by the User,
- Login - User’s email address,
- Password – a unique set of signs adjusted to Our technical requirements and chosen by You which is used to authorize access to and secure Your Account against unauthorized access of any Third party,
- Mentor – a person appointed by the Service Provider, who may provide content-related support for the User using Services under conditions specified in the Terms of Service and the Price List,
- Potential Employer – an entity cooperating with the Service Provider, whose services or products are presented on the Website or in the Application, including during the use of the Services by the User within the scope and for the purpose consistent with the consent granted by the User,
- Partner – a user who voluntarily takes part in the affiliate program referred to in §7 of the Terms of Service,
- Software - Service Provider’s own scripts by means of which the Website and/or the Application work properly. The rights to the Software are owned by the Service Provider,
- Price List – it contains the list of Prices for provision of the Services subject to the Terms of Service. The Price List is attached as Attachment 2,
- Guide – a document which summarizes rules governing provision (e.g. content-related scope, method of implementation, answers to the most frequently asked questions) of the Service chosen by the User,
- Settlement Period – the period used as a basis for the settlement of the Services,
- Fee – a fee for the access to the paid Services during the Settlement Period in accordance with the Terms of Service and the Price List,
- Subscription – the Settlement Period equal to 30 days,
- Subscription Fee – recurrent fee for the access to paid Services offered on the Subscription under conditions specified in the Terms of Service and the Price List,
- External Channel of Payments – an external service provider independent of the Service Provider:
- PayLane Sp. z o.o. based in Gdańsk (80-387), Arkońska 6, A3 street , registered by District Court for the City of Gdańsk-Północ in Gdańsk, VII Commercial Division, under tax identification numer (NIP): 586-214-10-89, statistical number (REGON): 220010531, company registration number (KRS): 0000227278, the share capital of the Company is 585 000 PLN, http://paylane.com/about/#legal
- PayPal (Europe) S.à r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349) - https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US
- Santander Consumer Bank Spółka Akcyjna, registered address: Strzegomska St. 42c, 53-611 Wrocław, Poland, Statistical number (REGON): 012736938, Tax identification number (NIP): 527-20-46-102, register: District Court in Wrocław, VI Business Division of the National Court Register, company number (KRS): 0000040562, Founding capital fully paid up: PLN 520.000.000,00 – principles of providing e-payments are available at: https://www.santanderconsumer.pl/jesli-masz-juz/kredyt-na-zakup-towarow-i-uslug/pytania-i-odpowiedzi/.
- VAT MOSS – a system to which the Service Provider has been lodged,
- materials – pieces of work/copyrighted works referred to in the Berne Convention and TRIPS Agreement, protected under implementation through the Act of 4 February 1994 on copyright and neighbouring rights (consolidated text published in Journal of Laws of 2006, no. 90, item 631, as amended) - the Service Provider is authorized to dispose of thereof,
- computer program the protection is provided under the European Parliament and Council Directive 2009/24/EC of 23 April 2009 on the legal protection of computer programs, as well as in accordance with the Polish law - the Service Provider is authorized to dispose thereof),
- digital content – the data created and delivered in a digital format,
- personal data – information by means of which it is possible to identify User,
- force majeure – an event caused by an accident or by the forces of nature which cannot be controlled or influenced by the Service Provider (such as fire, explosion, electricity breakdown, earthquake, flood, intense thunder and raining, turmoil, acts of civil as well as military authorities, war, terrorism (including cyberterrorism), cyberattacks (e.g. DDOS) by actions of the operators of telecommunications networks and by other unpredictable factors;
- telecommunications networks – a combination of interrelated and cooperating IT devices and software which enable the following activities: data processing and storage as well as data sending and reception, via telecommunications networks, by means of a terminal device appropriate for a specific telecommunications network,
- services provided by electronic means – provision of a service without Your and Our simultaneous presence (at a distance), by data transfer, at Your individual request, being sent or received by means of electronic processing device, including digital compression or data storage, which is entirely conferred, received or/and transmitted through telecommunications network,
- cookies – small textual information sent by the www server and saved by Service Provider,
- email address – an active address of User electronic mail.
- subscription - access to paid Services provided for an indefinite period, i.e. for the time for which the User pays the Subscription Fee for as long as he/she intends to have access to the Services. Types of the Services to which the User may have access on the subscription are laid down in the Price List.
- HR Consultant - a person of a Service Provider team who communicates with User.
- The proper participation in the webinar requires enrolling in the event and usage of a device with the Internet connection and Flash installed, equipped with speakers or headphones, and meeting technical requirements of the platform through which the webinar is run.
- If you require technical assistance, you should contact by email at: firstname.lastname@example.org. The assistance shall be provided on working days, i.e. from Monday to Friday (with the exception of holidays and non-working days in the Republic of Poland in accordance with https://en.wikipedia.org/wiki/Public_holidays_in_Poland ) from 8 am to 4 pm. Consideration of certain matters may take more than one day. If you do not receive a response from us, please contact again.
- The Service Provider does not provide assistance as far as external services are concerned. Assistance to additional services shall be provided on terms and conditions of separate terms of Website and/or Agreement.
§3. Registration and logging in
- Registration in the Application and subsequent logging is possible by specifying the email address (Login) and Password or through integration with the Facebook or Google+ account.
- After successful completion of the Registration process, the User is automatically logged in the Application and may use the paid services in accordance with the Price List. The activation takes place by clicking on the activation link or paying the Fee/Subscription Fee. If there is no e-mail with the activation link in the inbox, one should check the spam folder. If the link is not clicked within 48 hours, one should go to the login page and click "Forgot Password?" option, and then enter the Login. A link to change the password shall be sent to the e-mail address. The link is valid for 48 hours.
- User is obligated to provide his/her real e-mail addres and factual and legally data.
- The email address provided during the Registration shall function as Login in the Website and the email address cannot be modified after the Registration (Notifications shall be sent at the email address as well).
§4. Scope and type of the Services
- The Service Provider offers access to the Services consisting in providing access to the materials and delivering them as digital content displayed in the Application. Exceptionally, participation in the webinar takes place via ClickMeeting platform or YouTube or Facebook.
- Description of each Service functionality and parameters limiting access to the materials, as well as prices, are set out in detail in the Price List and the Guide to a given Service, which are binding both for the User and the Service Provider.
- Free services include registration, use of the Account, courses, "Bootcamp Junior” training, an opportunity to participate in webinars completing the User profile and other services provided by other regulations/terms of services. Participation in the webinar and/or "Bootcamp Junior” training does not require Registration, however, it requires provision of the contact information.
- Paid Services are listed in the Price List.
- A prerequisite for using the paid Services is Registration, Account activation (confirmation of the activation link or making the payment), filling in the purchase form, paying the Fee and/or Subscription Fee, respectively.
- Rules of consultations with the Mentor within the framework of trainings are set out in the Guide and are available after logging. The User profile is partially filled in by the User and in part automatically when the Application records the fact that the User completed a course and/or training, etc.
- Services differ between language versions. This results from a need to adapt Services to the conditions on a given labour market.
§5. Duration of the Agreement
- The Agreement is entered into at the moment of the Registration and is concluded for an indefinite period until removal of the Account. Removal of the Account results in the termination of the Agreement. The User may terminate the Agreement at any time, with the proviso that if the User bought access to a paid Service, the Agreement is terminated after expiry of the notice period, that is after the lapse of the Settlement Period for a given paid Service.
- Throughout the term of the Agreement the User may purchase access to paid Services. Purchase of a paid Service results in the conclusion of a separate Agreement on the provision of access to the paid Service. The period of provision of paid Services is determined by the Settlement Period for which the Fee and/or Subscription Fee, respectively, has been paid.
- The User has the right to withdraw from the Agreement within 14 days after beginning of access to paid Services without giving any reason thereof. To this end, the User should send an e-mail to: email@example.com using the User’s Login. The User may utilize the model statement on withdrawal from the Agreement, set out in Annex 3 to the Terms of Service.
- The Service Provider may terminate the Agreement and delete the User Account in the form of a unilateral declaration of intent sent by the Service Provider using an ICT system in the case of violation by the User of law and/or gross violation of the Terms of Service, in particular if the violation is recurrent, and/or at any time if the User has not purchased access to paid Services.
- The User and/or Service Provider may at any time cancel the Subscription. In such a case, termination of access to the paid Service offered on the basis of the Subscription Fee takes place at the end of the Subscription period for which the Subscription Fee was paid. Failure to unsubscribe means that the Service is provided as long as the Subscription Fee is charged.
- The Settlement Period for each Service is given at the moment of placing the order and in the e-mail summarizing the purchase. The Settlement Period covers the period from the purchase of a paid Service until the end of its provision by the Service Provider.
- The Service Provider allows of the following forms in which the User may pay Fees for access to paid Services during a single Settlement Period:
Certain paid Services may be purchased for an indefinite period (subscription), in which case they are paid for on Subscription via the Subscription Fee charged in advance on the first day of the month using the External Payment Channel (PayLane or PayPal). The Subscription is automatically extended until the User cancels it. The User may cancel the Subscription after logging to the User’s Account (please go to the "Payments” tab). The User agrees to receive invoices and/or other accounting documents electronically. Certain banks may charge fees/commissions for card payments and add them up in accordance with their applicable price lists, which is independent of the Service Provider. Please read the rules of settlements, in particular international ones, applicable in your bank. The User may pay for the paid Services only in the currency displayed to the User. The currency is valid for the whole term of the Agreement on the provision of access to paid Services. The User may not change the currency of the Account. If the User intends to change the currency, it is necessary to open a new Account and select the currency User is interested in.
- single payment - paid in advance for the specified Settlement period, made through the External Payment Channel by a bank transfer or payment card (PayLane or PayPal), or
- Santander Instalments - payment split into a number of instalments bearing interest at the rate of 0%, selected at the time of ordering paid Services, made on the basis of a loan granted at the request of the User by the External Payment Channel - Santander Consumer Bank S.A. Purchase of the paid Services using Santander Instalments begins when the loan is granted.
- Instalments / Kodilla Payments - payment split by the selected Settlement Period, made through the External Payment Channel by a bank transfer or payment card (PayLane or PayPal).
§7. Partnership Programme
- The User becomes a Partner at the time he/she generates codes for discounts to be used by the User acquaintances purchasing the paid Services.
- The number of codes to be used, their value, validity and limits are varying and visible in the Application. Please click the tab "Affiliate Program".
- The User may check how many acquaintances used codes recommended by the User and what benefits the User is entitled to as a result. The use of the benefits is voluntary. Partners being private persons may only receive from the Service Provider discounts specially offered to them to be used for purchase of the paid Services within the Application. Businesses may exchange benefits for their currency equivalents offered by the Service Provider, if such an option is available. In such a case, the payment shall be made on the basis of a properly issued and delivered to the Service Provider VAT invoice, by a wire transfer to the business bank account within 30 days.
- The User may not use the codes, including their distribution, in a manner contrary to law, good morals or in violation of the Terms of Service. The User is obliged to comply in this respect with the rights and obligations referred to in the Terms of Service. This applies, in particular, to the prohibition of any advertising that violates the right to use discounts, of making promises inconsistent with the offer of the Service Provider or violating image and/or reputation of the Service Provider, or offering and/or granting any material and/or personal benefits for the use of discounts.
§8. User’s rights and obligations
- The User shall have the right to:
- manage their Account,
- use the Website and/or the Application, including the Services, in accordance with the Terms of Service,
- submit questions to the technical assistance department and/or submit complaints,
- terminate or withdraw from the Agreement pursuant to the terms and conditions set forth in the Terms of Service.
- The User undertakes:
- to use the data and/or personal data they are fully authorized to use (without violating any third party rights),
- to verify, in advance, whether the technical requirements that need to be met in order to use the Website and/or the Application, including the Services, are complied with,
- not to use the Website and/or the Application in a manner that interferes with the provision of the Services,
- not to use the Website and/or the Application, including the Services, in an illegal manner,
- to use the Website and/or the Application, including the Services, in line with their intended use, in compliance with the law, in accordance with the Terms of Service, as well as in line with public policy. It is forbidden, in particular, to maintain a profile that is used in the course of terrorist, sabotage, or any other criminal activity, to violate the applicable legal regulations and to commit any legally forbidden acts, in particular to publish materials that offend or violate the rights of any persons, contain threats, insults, promote hate towards people and/or animals or discriminate against these in any way or form, to publish pedophile materials, as well as materials that depict and/or promote criminal activity, that are profane or insulting or that may violate the personal or other legally protected interests of third parties, to publish materials of offensive or humiliating character, and/or materials that promote violence or encourage to commit crime. It is also forbidden to publish illegal advertising messages (e.g. unlawful advertising),
- to update their data, including personal data, by changing their Account information,
- not to take any actions that violate the commonly applicable legal regulations or good practices, as well as that violate the personal interest of other Users, third parties or reasonable interests of the Service Provider, other Users or third parties,
- to provide the Service Provider, in each case in which data is added to the profile or new material is created in the Application, with the license referred to under §14(5) of the Terms of Service,
- not to access the Accounts of other Users that are not managed by the User (e.g. by cracking Passwords),
- not to generate excessive or disproportionate traffic on the connections or other elements of the infrastructure relied upon to provide the Service,
- to keep their Password strictly confidential,
- not to make available their Account to any other Users and third parties,
- to pay, in due time, Fees for the paid Services.
- The rights and obligations of the User must not be transferred to other Users and/or third parties. The above means that the User must not transfer / sell / dispose of their Account, for the benefit of any other entity. The Service Provider shall be the sole entity authorized to render the Services for the benefit of the User.
§9. Service Provider’s rights and obligations
- The Service Provider does not alter any content of the User’s Account or any information contained thereon, with the exception of a situation when requested to do so by the User due to technical problems encountered.
- The Service Provider shall have the right to:
- inform the Users, electronically, of the new functionalities of the Application, or to send important notifications related to the Application,
- inform the Users, electronically, by means of a newsletter and/or Notifications, of the product offer and/or of the opportunities offered by Potential Employers,
- ask the Users for their general opinion on and about the level of their satisfaction with the Application, including the Services, and about the availability and efficiency of technical assistance. The opinions may be gathered by asking questions or sending short surveys via the ICT system,
- survey the manner in which the Website and/or the Application are used, in particular by collecting anonymous information enabling the Service Provider to improve the Services both functionally and technically (e.g. screen resolution, type of browser used, number of clicks on specific tabs, etc.),
- at his sole discretion, change the properties and functionalities of the Services, provided that the level of quality of the Services rendered for the benefit of the User is not affected in an adverse manner,
- to use the User’s data added to the profile, pursuant to the license granted by the User and referred to under §14(5) of the Terms of Service,
- use the User’s data added to the profile and submit such data to Potential Employers, or to present a virtual CV,
- delete the Account pursuant to the Terms of Service.
- The Service Provider undertakes to take every effort to make sure that the Services are rendered in a due manner, on a permanent and continuous basis.
- The Service Provider reserves the right to render the entire Website and/or the Application, including the Services, or portions thereof, temporarily unavailable due to technical reasons, especially when performing maintenance or introducing changes. The Service Provider shall take every effort to limit, to the extent practicable, the arduous character of such unavailability for the User.
- The Service Provider may undertake other actions in compliance with the provisions of the Terms of Service.
- The User shall be fully liable for their actions related to using the Website and/or the Application, including the Services.
- The Service Provider shall take every effort to secure the Application against any undesired outcomes. The Service Provider recommends the Users:
- to use software that protects devices connected to the Internet and that protects the identity of persons using the Internet,
- to avoid using the Website and/or the Application when taking advantage of public Internet networks (e.g. public WiFi), or any hardware they are not familiar with,
- not to save their Login and Password in the website browser,
- not to use Account Login and Password that are made up of the same characters,
- to set passwords that differ from obvious guesses, such as “admin”; “qwerty”, “company name”, etc.
- The Service Provider shall not be held liable for:
- incorrect data provided by the User,
- lack of User’s access to the Internet, or for restrictions affecting such access,
- restrictions affecting and/or incorrect operation of software or hardware belonging to the User and relied upon while using the Website and/or the Application, including the Services,
- losses suffered and profits lost by the User as a result of the password to the User’s Account being disclosed due to reasons attributable to the User,
- losses suffered and profits lost by the User as a result of actions or omissions of the User, and in particular of improper use of the Application,
- losses suffered and profits lost by the User who has violated the law or the provisions of the Terms of Service, which has resulted in the User’s Account being blocked or deleted by the Service Provider,
- losses suffered and profits lost by the User as a result of actions and/or omissions of third parties that are not bound by the terms of the Agreement, which remain beyond the control of the Service Provider,
- losses suffered and profits lost by the User as a result of an event of force majeure,
- payments made with the use of an External Payment Channel, as well as the manner in which data, including personal data, is processed by such an External Payment Channel,
- losses suffered and profits lost by the User as a result of the User’s personal data being transferred to entities authorized to process such data pursuant to applicable legal regulations,
- links redirecting to third party websites. The said websites constitute the property of and are managed by their respective administrators or service providers, as the case may be. The Service Provider shall not be held liable for the availability or quality of such websites.
- The User uses the Website and/or the Application, including the Services, at their own risk and responsibility. The Service Provider does not guarantee that a job will be found, or that the User will acquire skills sufficient to find a job.
- The Service Provider has no way of impacting the manner in which the User manages their account, or the data, including personal data, they add.
- The External Payment Channel shall be liable for processing and protecting personal data, as well as other data it obtains from the User in order to pay the Fees and Subscription Fees, as the case may be.
- Should the Service Provider receive an official notification, or should he become aware, in a reliable manner, about the unlawful character of the data, including personal data, made available by the User, he shall contact the User in order to resolve the case and he shall order that such data be deleted and/or shall block the Account or, as a last resort measure, delete the Account. While doing so, the Service Provider shall abide by the legal regulations and by the notice and take down procedure he is bound by under the provisions of law.
- The Service Provider shall be liable for the losses attributable to him, as well as for the profits lost due to the failure to perform and/or undue performance of the Agreement, up to the amount of the Fees paid by the User (for consumers: unless otherwise provided by the law). The Company undertakes not to submit any claims exceeding that value.
- The complains shall be filed within 30 days upon the day when the damage occurs (e.g. malfunctioning of the Services) by electronic means. The complaint shall include the following data:
- the description of the reason for the complaint as detailed as possible (including its time and place),
- presumptive settlement of the complaint,
- number of an invoice, if this is the subject of the complaint.
- The complaints shall be settled at Our earliest convenience; however, this shall be no longer than within 14 days.
- The day of the complaint filing shall be the day when the Service Provider receives the complaint.
- The fact that the complaint has been filed shall not affect the Settlement Period nor provision of the Service.
§12. Account blockade
The Service Provider has the right to block the Account during the term of the Agreement in the case no payment of the Fee was recorded and/or in the case of violation of the Terms of Service by the User (in particular in the case referred to in §10.7 of the Terms of Service). The Account remains blocked pending clarification of the case. The User has the right to make a complaint.
§13. Removal of the Account
- The Account may be removed as a result of the notice and effective termination of the Agreement on terms set out in §5 of the Rules of Service, or in a situation in which the Service Provider becomes aware that a situation referred to in § 8.3 of the Terms of Service occurred, or if 90 days elapsed from the Registration and User did not activate the Account, or if the User fails to pay the Fee for a period longer than the access to paid Services.
- Removal of the User Account results in the loss of all User’s data, including personal data, recorded history of the courses and/or trainings attended, unused benefits, etc., as well as the loss of the User’s virtual profile.
§14. Protection of Personal Data
- The Data Controller respects the Users’ right to privacy and ensures the security of personal data made available by the Users. To this end, the Data Controller relies, inter alia, on the secure encryption protocol during the Registration and login phases, as well as while using the Application, including the Services (SSL).
- Personal data and/or card data required to pay the Fees are saved in a dedicated IT system by the External Payment Channel. Invoices and/or other accounting documents may be saved in the Application for payment clearance-related needs.
- The External Payment Channel requires that the necessary card data or account data be provided. The said data is not processed by the Service Provider.
- The User’s personal data is processed:
- in observance of the personal data protection regulations in effect in the European Union,
- within the scope required to establish the relationship, define the wording of the Agreement, amend or terminate the Agreement, as well as render the electronic services in a correct manner,
- within the scope required to meet the legally defined objectives pursued by the Data Administrator. The processing of data does not violate the rights and freedoms of the person the data pertains to.
- The User’s personal data may be processed upon their consent, within the scope required to send the newsletter containing commercial information.
- The User’s personal data is made available to Potential Employers solely upon the User’s consent, so that the recruitment process may be taken part in.
- The Data Controller reserves the right to make the User’s personal data as well as other User’s data available to entities authorized under applicable legal regulations (e.g. law enforcement agencies).
- Personal data may be deleted as a result of:
- termination of the Agreement;
- withdrawal of the consent, or submission of a legally acceptable objection to process personal data.
- The Service Provider hereby reserves that he shall store, over a period of time mandated by law, data about the User, the scope of which is required to handle the potential, future disputes between the parties to the Agreement, or which is required under the legal regulations the Service Provider is bound by (e.g. tax regulations).
- The Service Provider shall not make available the personal data to any entities other than those authorized under the applicable legal regulations and/or based on the User’s consent.
- The Service Provider may process such User data as: e-mail, first and last name, telephone number, street and number, postal code, town, country, school, hobby, sex, date of birth, image and other data the User provides in their profile.
§15. Intellectual property rights
- All rights to the Website and/or Application and/or and content Services belong to the Service Provider.
- It is forbidden to make such use of the Website and/or Application that infringes the Service Provider’s and/or any third party’s rights. In the event of IPRs infringement, the Service Provider shall undertake necessary legal steps against the infringer.
- The sign “Kodilla” in a form of a word and/or graphic identifies one of the Service Provider’s products and is used on the market in or in relation to business activities without any temporal nor territorial limitations. “Kodilla” shall be deemed a commercial name of the Service Provider.
- No element of the Website and/or the Application, including the “Kodilla” logo, shall be used without the Service Provider’s written consent. In particular, the indications, trademarks, information on copyrights or other IPRs, or copyright notes must not be removed, covered, made unreadable or modified. It is also forbidden to copy, vend, disseminate, modify the materials outside the Application or to create derivative works on the basis of the materials available in the Application, Website and Services and make use of the derivative works outside the Application and/or Website without the Service Provider’s written consent.
- By adding each time data via the Application, the User grants to the Service Provider a non-exclusive license for the material, for the term of the Agreement and 10 years after removal of the Account, in the following fields of exploitation necessary for the provision of the Services:
- uploading the content to the memory of an electronic device (e.g. computer), including telecommunications networks servers,
- registration and/or copying, permanently or temporarily, by any available technique, entirely or partly, in unlimited number of copies, in particular by means of every known typographic, digital, magnetic, printing, visual, computer method, in any system, form, size and any device or carrier, also as a part of carriers exchange, including printing out, telecommunications networks and digital format,
- making available to the public and/or privately as a part of provision of services by means of electronic communications, free of charge, regardless of territorial, temporal or linguistic limitations,
- dissemination to the public or privately by any transmission media or devices, cable and non-cable transmission which serves to transmit signs, signals, sound and/or vision, permanently or temporarily, in any technological manner, free of charge, at a place and time of choice of the Users or any third party,
- placing it on the Internet so that other Users and/or any third party may see it or sending it upon a request.
§16. Final provisions
- The Service Provider shall make the content of the Terms of Service available to the Users and sends the Terms of Service by means of a permanent carrier. The Terms of Service might be made available in any other manner, upon the User’s or Third Party’s individual request should there be a problem with its displaying or reading. If so, the Users are kindly asked to contact the technical assistance.
- The Service Provider shall be entitled to introduce modifications to the Terms of Service. Each document shall indicate the date when it becomes effective.
- The Users shall be informed through Application notification and/or an email message sent to the email address ascribed to their Accounts on each substantial modification of the Terms of Service within at least 14 days prior to the date when the modifications will have become effective. The modifications of the terms of payment shall become effective no sooner than upon the expiry of the current Settlement Period.
- In case of substantial modification of the Terms of Service specified in clause 3 hereinabove, every User may terminate the Agreement until the modification becomes binding. If the User does not notice the Service Provider on termination or does not terminate the Agreement within the period specified hereinabove, it shall be deemed that the User agrees on provision of the Services in accordance with the Terms of Service as modified.
- Modification of the scope or type of the Services which is not contrary to the currently binding Agreement shall not be deemed a substantial modification of the Terms of Service. Modification of the Price List, however, shall be deemed substantial modification and shall become effective upon the expiry of the current Settlement Period.
- The Services provided by the Service Provider consist in the data storage, including the storage of the personal data added by the Users. The Service Provider shall store the data or transfer them via the Internet solely in accordance with the Terms of Service.
- In the event of a Third Party noticing the violation of rights, she/he shall be obliged to contact the technical assistance and send an official notification on the unlawful character of the data, including the User’s data.
- In case of any subject matters not being covered by the Terms of Service, the applicable law shall be the Polish law (the applicable provisions) and/or the provisions applicable in the consumer’s place of residence.
- In the event of any provision of the Terms of Service being declared to be null and void by the court, the other provisions shall survive.
- Each and every dispute shall be settled in an amicable manner, in particular the Service Provider declares his willingness to participate in ADR (Alternative Dispute Resolution). In this case, please file a complaint at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN. The subject of the complaint is the choice of the Consumer. A register of such entities in Poland, including contact details and the address of the website, can be found here: https://uokik.gov.pl/pozasadowe_rowiazywanie_sporow_konsumenckich.php
- Each and every dispute between the Service Provider and the User who has paid the Fee for the Service and purchased it for his Enterprise shall be settled by the court having jurisdiction in the place of the Service Provider’s residence.
- In the event of any doubts as far as meaning or wording of the Terms of Service is concerned, the Polish version is the original one and its wording shall prevail.
Attachment 2: Pricing
Attachment 3: Model withdrawal form