§ 1. GENERAL PROVISIONS
- These Regulations apply to services provided by the Administrator via the Internet Service DataLabeling.EU
- Service – Internet Service DataLabeling.EU run by the Administrator, through which the Administrator enables the use of his offer;
- Administrator – WEimpact Sp. z o.o, 29A Drawska Street, Flat 87, Warsaw 02-202, NIP: 7010951924;
- User – means an entity using the functionality of the Internet Service DataLabeling.EU, for which services are provided by the Service Provider, having full legal capacity.
- Registration form – a questionnaire available on the Internet Service DataLabeling.EU, allowing you to register on the Website and set up an Account on the Internet service;
- Account – marked with an individual name (login / email address) and password provided by the User, a set of resources in the Administrator’s ICT system in which the User’s data are collected;
- Agreement – Agreement for the provision of services provided by the Administrator via the Internet Service DataLabeling.EU, concluded between the Administrator and the User, for an indefinite period, in Polish, on the conditions set out in the Regulations;
- Regulations – these Regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2017, item 1219), – specifying the rules for using the Service;
§ 2. RULES FOR USING THE SERVICE
- The User is obliged to use the Internet Service in a manner consistent with these Regulations, applicable law, principles of social coexistence and decency.
- Each User’s action should be carried out simultaneously with respect for the goods of third parties – especially other Users using the Internet Service.
- During using the Internet Service, it is the User’s responsibility to provide true data, consistent with the facts, and to protect them against unauthorized access. The security of data on the Internet Service depends to a large extent on this. It is also forbidden to share your Account with other Users and third parties, as well as to use Accounts belonging to other Users.
- All rights to the Internet Service, including property copyrights, intellectual property rights to its name, internet domain, Website, as well as to templates, forms, logos, the right to Training and materials contained within the Internet Service belong to the Administrator, and their use may take place only in a specific manner and in accordance with the Regulations.
- The Administrator uses the mechanism of ‘cookies’, which when Users use the Internet Service’s Website, are saved by the Service Provider’s server on the hard disk of the User’s end device. The use of ‘cookies’ is aimed at the correct operation of the Internet Service’s Website on Users’ end devices. This mechanism does not damage the User’s end device and does not change the configuration of Users’ end devices or software installed on these devices. Each User can disable the ‘cookies’ mechanism in the web browser of his terminal device. The Service Provider indicates that disabling ‘cookies’ may, however, cause difficulties or prevent the use of the Internet Service’s Website
- Each User and third party having access to the Internet Service are obliged to refrain from copying, modifying, disseminating, transmitting or otherwise using any content and databases made available on the Internet Service’s Website, with the exception of using them as part of fair use .
- Any attempts to enter harmful data into the IT system (malware including bots, viruses, spy files, ‘worms’ etc.) are prohibited.
- Via the email address: email@example.com can report any content and activities that in any way violate the provisions of these Regulations.
- The User is authorized to use the resources of the Internet Service only for his own use. It is not allowed to use the resources and functions of the Internet Service to carry out activities that would violate the interest of the Service Provider.
§ 3. TERMS OF SERVICE PROVISION
- Using the Internet Service for Users is completely voluntary and allows access to both free and paid services.
- When providing services, the Administrator shall exercise due diligence so that Users are fully satisfied.
- Users’ registration on the Website, which is also the first submission, is a royalty-free operation and is carried out as follows:
- by completing electronic forms with personal data of the User applying to use the Internet Service;
- establishing a password to log into the Account (login is set automatically as follows: first name, surname or user name);
- After passing the previous stages select the required consents regarding the acceptance of the Regulations for the processing of personal data and click the button used to confirm registration on the Internet Service;
- Choice of paid or free service;
- In the case of paid services, payment for the service.
- The User Agreement with the Administrator regarding the maintenance of an Account on the Internet Service and the provision of electronic services is concluded for an indefinite period.
- The moment of concluding the Service Agreement is the day on which the User presses (clicks) the button (field) to confirm registration on the Internet Service, which is also the User’s first application.
- In case of problems with electronic registration or lack of appropriate competence, please contact the Administrator via the electronic contact form or to the email address: firstname.lastname@example.org.
- The User may terminate the Agreement concluded with the Administrator at any time by sending an electronic message of resignation to the email address: email@example.com or other correspondence to the following address: WEimpact Sp. z o.o, 29A Drawska Street, Flat 87, Warsaw 02-202.
- The User who violates the provisions of these Regulations or the provisions of generally applicable law may be called by the Administrator to stop the violations. The request will be sent via e-mail to the User’s email address provided during registration. If the request proves ineffective and the User continues to violate the provisions of these Regulations or the norms of generally applicable law, the Administrator reserves the right to delete his Account, which is equivalent to immediate termination of the Agreement for the provision of electronic services.
- If errors in the operation of the Internet Service are detected, the User has the right to request their removal in a timely manner, depending on the nature and complexity of the error.
§ 4. INTERNET SERVICE FUNCTIONALITY
- The Internet Service’s function is to enable the use of paid and free services provided by the Administrator.
- The Service Provider reserves the right to choose and change the type, form, time and method of granting access to selected listed services, which shall inform Users in a manner appropriate to amend the Regulations.
§ 5 ORDERS FOR PAID SERVICES
- The information contained on the Internet Service’s Website for paid services constitute the Service Provider’s offer to conclude a contract for the provision of services by the Service Provider for the User.
- The User may accept the offer of the Service Provider per 7 days a week and 24 hours a day via the Internet Service’s Website.
- Before entering into a contract for a paid service, the User receives via the Internet Service’s Website information about price, date and object of the service, as well as all information related to the scope of the service.
- The User accepts the Service Provider’s offer for a paid service by completing and sending to the Service Provider the order form available on the Internet Service’s Website. While filling out the form, the User has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
- Before concluding a contract for the provision of services, the User may consent by ticking the appropriate box in the service order form for the Service Provider to start providing the service before the deadline to withdraw from the contract.
- The prices on the Internet Service’s Website posted for a given service are gross prices.
- The User makes payments for the ordered service for a fee by bank transfer via the external payment system Dotpay Sp. z o.o. with its registered office in Cracow, 72 Wielicka Street, Cracow 30-552
- After sending the completed contract conclusion form for the service, the User shall immediately receive on a durable medium to the e-mail address provided in the form, confirmation of the contract. At this time, a contract is concluded for the provision of the service by the Service Provider for the User.
- The Service Provider, in accordance with the will of the User, sends by email, to the electronic address provided by the User when ordering the service, an invoice covering the ordered paid services. The invoice is delivered by e-mail in the form of an electronic file in PDF format. In order to open the file, the User should have free software compatible with the PDF format. The service provider recommends Adobe Acrobat Reader for this purpose, which can be downloaded free of charge at: http://www.adobe.com
§ 6 COMPLAINTS
- The User may file a complaint to the Service Provider in relation to the use of services provided electronically by the Service Provider. The complaint may be submitted in electronic form and sent to the Service Provider’s electronic address. In the complaint, the User should include a description of the problem. The Service Provider shall promptly, but no later than within 14 days, consider complaints and respond to the User’s email address provided in the complaint.
§ 7 WITHDRAWAL FROM THE CONTRACT
- The user who has entered into a contract for the provision services of electronic services may withdraw from it within 14 days without giving any reason.
- The withdrawal period begins from the date of the contract for the provision of electronic services.
- The User may withdraw from the contract for the provision of electronic services by submitting a statement of withdrawal to the Service Provider. The statement can be made on form, an example of which is attached to these Regulations. To meet the deadline, it is enough to send a statement before its expiry.
- In the event of withdrawal from the contract for the provision of electronic services, it is considered void.
- The Service Provider is obliged to immediately, not later than within 14 days from the date of receipt of the User’s statement of withdrawal from the contract, return to him all payments made by him.
- The Service Provider shall refund payments using the same method of payment that the User used.
- The User is not entitled to withdraw from the contract in respect of contracts for the provision of services if the Service Provider has fully performed the service with the express consent of the User being a Consumer who has been informed that after the Service provider has completed the Service, the User will lose the right to withdraw from the contract.
§8. COPYRIGHT PROTECTION
- All photos and other materials (including texts, graphics, logos) posted on the Internet Service’s Website belong to the Administrator or have been used with the consent of third parties who own the copyrights.
- It is forbidden to copy photos and other graphic materials as well as reprint texts published on the Internet Service, including making them available on the Internet without the written consent of the Administrator or other third party possessing copyrights.
- It is also prohibited for external entities to download photos from the Internet Service and use them for marketing and commercial purposes.
- The use of the abovementioned materials without the written consent of the Administrator or another third party who is entitled to the copyright is unlawful and may constitute grounds for initiating civil and criminal proceedings against the person committing such action.
§9. PERSONAL DATA PROTECTION
- Personal data of Internet Service users contained in registration forms and personal data collected automatically are processed in compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation, GDPR).
§10. FINAL PROVISIONS
- The Administrator reserves the right to introduce restrictions on the use of the Internet Service caused by its technical service, maintenance works or works on improving its functionality. At the same time, the Administrator undertakes to make every effort to ensure that these breaks take place at night and last as short as possible.
- The Administrator reserves the right to amend the Regulations and extend or limit the scope of services offered. The Administrator will inform about any changes on the Internet Service’s Website in advance. The changes will enter into force no earlier than 5 days after they are announced.
- The changes introduced in the Regulations are not intended to infringe the rights acquired by Users before the changes were introduced.
- The provisions of these Regulations are not intended to exclude or limit any rights of the User who is a consumer within the meaning of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827) and the Act of on April 23, 1964 – the Civil Code (Journal of Laws of 2019, item 1145), entitled to it under mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions.
- All disputes between the Administrator and the User shall be settled amicably or in the presence of an independent and impartial mediator. The User may apply for settlement of the dispute to the Permanent Consumer Arbitration Court or submit an application to the appropriate Provincial Inspectorate of Trade Inspection.
- Detailed information, contact details and a list of consumer courts of arbitration can be found on the Office of Competition and Consumer Protection website. The user may submit his complaint, e.g. via the EU ODR (online dispute resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.
- If it is not possible to resolve the dispute amicably, the court having jurisdiction to settle the dispute with a User who is a consumer within the meaning of art. 22 (1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459) is the court having jurisdiction under the provisions of Polish law.
- In the event of a dispute with a User who is not a consumer – the court with jurisdiction over the Administrator’s seat shall be the deciding court.
- In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459) and other relevant provisions.
- The Regulations have been in force since 12.12.2019.