Terms and conditions for the website Followyst.com
Article 1: DEFINITIONS.
Website – a closed Website (requiring an active Account to access) available at: https://followyst.com/, managed by the Administrator,
Terms and Conditions – these terms and conditions for the Website, as per art. 8 of the Act of 18 July 2002 on Provision of Services by Electronic Means (i.e. Dz. U. 2019, items 123, 730).
Administrator – the company Fusion Core sp. z o.o., with registered office at the following address: Jaworowa 16/A23, 43-300 Bielsko-Biała, registered in the Register of Entrepreneurs of the National Court Register by the District Court for Bielsko-Biała, VIII Commercial Division of the National Court Register, under KRS number: 0000835142, Tax ID (NIP): PL5472218186, REGON: 38583370100000, e-mail: firstname.lastname@example.org, postal address: Jaworowa 16/A23, 43-300 Bielsko-Biała, Poland,
User – a Consumer or an Entrepreneur utilising the Services provided by electronic means by the Administrator via the Website,
Consumer – a consumer as defined by the art. 221 of the Civil Code, i.e. a natural person having full capacity to enter into legal transactions, and in the cases provided for by the mandatory legislation also a natural person having limited capacity to enter into legal transactions, concluding a Contract with the Administrator or utilising other services provided by the Administrator by electronic means within the scope unrelated directly to their business or professional activity,
Entrepreneur – an entrepreneur as defined by the art. 431 of the Civil Code, i.e. a natural person, a business entity or an organisational unit without legal personality, granted legal capacity by the act, conducting business or professional activity in their own name, concluding a Contract with the Administrator or utilising other services provided by the Administrator by electronic means,
Password Change Form – a form made available to Users by the Administrator for the purposes of changing their password in relevant situations,
Registration Form – a form made available to Users by the Administrator for the purposes of Account creation,
Login Form – a form available on the Website enabling Users to log in to their Accounts,
Queue – a form available on the Website enabling persons intending to become website Users to declare their intention to create an Account and utilise the Services provided by the Administrator,
Account – a collection of data in the Administrator’s computerised system, marked by User’s individual name (login) and password, containing User’s data, specifically relating to ordered Services; an Account is necessary for the purposes of using the Website,
Plans – a tab available on the Website upon logging in to one’s Account, enabling Users to view their Subscription status and to make modifications to their Subscription plans.
Contract – a distance contract, as understood by the Civil Code, concluded between the Administrator and a User, via the Website, in Polish, concerning provision of Services,
Service – the subject of the distance Contract concluded as per these Terms and Conditions, available via the Website,
Subscription – a paid Service provided by the Administrator to the User via the App,
App – the Followyst Application, via which the Administrator provides Services to the User. The Administrator makes the App available for download on the Website,
Promotion – a time-limited discount for selected Services that may constitute the subject of the Contract, or other benefits for Users relating to the concluded Contract or managing one’s Account,
Recommendation Program – a program for Users enabling them to invite other people to utilize the Services provided by the Administrator, based on rules specified by the Administrator on the Website,
Proof of Purchase – a VAT invoice issued by the Administrator, confirming conclusion of the Contract,
Newsletter – a service provided by electronic means by the Administrator on the basis of User consent, consisting of automatically sending important information concerning the Website, including trade information, directly to the User’s e-mail address,
Civil Code – the Act of 23 April 1964 – the Civil Code (i.e. Dz. U. 2019, items 1145, 1495).
Article 2: GENERAL PROVISIONS.
These Terms and Conditions are applicable to Contracts and other services provided by the Administrator via the Website.
The Services provided by the Administrator by electronic means via the Website consist of enabling Users to:
conclude Contracts as per these Terms and Conditions, own and use the Website Account,
own and use the Website Account,
manage their Subscriptions on their Accounts, download the App,
download the App,
receive the Newsletter,
use other services available on the Website.
Notices, adverts, price lists and other information on Services available on the Website are to be treated as invitation to conclude a Contract, as per art. 71 of the Civil Code.
The Website provides its services within and outside of the Republic of Poland.
The Administrator maintains all due diligence when realizing concluded Contracts.
The Website may feature Promotions, based on rules specified and published on the Website by the Administrator.
The provisions of these Terms and Conditions are not meant to exclude or limit any rights of Users also being Consumers that they are entitled to as per the mandatory rules of law, including especially the Civil Code and the Act of 30 May 2014 on consumer rights (i.e. Dz. U. 2019, items 134, 730). Should any of the provisions of these Terms and Conditions not comply with the provisions of law specified in this point, these provisions shall take precedence.
Starting from 1 June 2020 – in cases of Entrepreneurs also being natural persons conducting business activity registered in the Polish Central Registration and Information on Business database (CEIDG), concluding Contracts related directly to their business activity, if the concluded Contract specifies that it does not relate to their professional activity, especially resulting from the nature of their business activity as listed in the CEIDG database (based on the listed PKD identifiers) – the provisions of these Terms and Conditions applicable to Users also being Consumers are also applicable to such Entrepreneurs, with exclusion of the second sentence of art. 558.1 of the Civil Code. Starting from 1 June 2020, for Entrepreneurs as defined by this point, art. 563 and 567.2 of the Civil Code are also not applicable.
For the purposes of proper realization of Services provided via the Website, one requires a computer with the following minimum specifications: 1 GHz processor, 2 GB RAM, a graphics card suitable for resolutions of 1024×768 and a 16-bit colour palette, as well as an Internet browser (e.g. Internet Explorer min. 11.0, Microsoft Edge, Mozilla Firefox, Opera, Google Chrome, Safari, or others), a keyboard or another pointing device enabling users to fill out electronic forms, Internet connection of minimum 512 kbit/s download capacity and 128 kbit/s upload capacity, as well as an active e-mail account.
Article 3: USAGE OF THE WEBSITE
The User is obliged to utilize the Website in a manner consistent with the applicable provisions of the law, as well as the principles of social co-existence and morality, ensuring respect for individual and intellectual property rights of any third parties.
Users may only be persons of age or persons with limited capacity to enter legal transactions with consent from their statutory/legal guardian.
The Website is a closed platform – it may only be used by Users with access to their Accounts, as granted by the Administrator.
Usage of the Website is not mandatory.
Users may not undertake actions that could affect correct functioning of the Website, specifically:
interfere with the content and the graphical elements of the Website,
place any illegal content on the Website,
enter any harmful data, especially malware, i.e. viruses, spyware, etc., onto the Website as a computerized system.
While using the Website, Users are obliged to enter true and factual information and data for the purposes of concluding and realising the Contract.
Sharing personal data of third parties via the Website is forbidden without prior consent of these third parties. For natural persons not having full capacity to enter into legal transactions, consent should be granted by their statutory or legal guardians.
All photographs and other materials (including especially texts, graphics and logotypes), considered works as per the Act of 4 February 1994 on copyright and related rights (i.e. Dz. U. 2019 r. items 1231, 2245), hereinafter referred to collectively as Materials, placed on the Website are owned by the Administrator or have been used by the Administrator with consent from the third party having relevant intellectual property rights to the Materials.
Users are forbidden from copying, modifying, publishing, reprinting, transmitting or using in any other way (including especially for marketing, trade or commercial purposes), of the Materials placed on the Website without prior written consent from the Administrator or another person or third party having the relevant intellectual property rights to the Materials, with exception to usage of Materials within the scope of allowed use specified by provisions listed in the previous point.
Breaching the above listed provisions could constitute breaching the law, which in turn might constitute basis for initiating civil or criminal proceedings against persons or entities involved in such practices.
Users are fully liable towards the Administrator and other persons and third parties for any damages related to:
breaching any provisions of the law, including especially infringing on the rights of other persons or third parties and breaching the provisions of these Terms and Conditions,
incorrect or illegal usage of the Website, as well as for any technical issues related thereto, loss of data or other damages in the functioning of the Website, including especially undertaking actions specified in point 3 of this article.
User’s liability, as described in the previous point, encompasses both fixing the relevant damages for the Administrator or other persons and third parties, and covering any additional expenses resulting from the given damage, including especially court fees, legal representation costs, execution proceedings costs or other justified expenses incurred by the Administrator resulting from the damages or relating to claims made by other persons or third parties.
Article 4: THE ACCOUNT
The Administrator enables Users to set up their Accounts by sending them links to the Registration Form via e-mail.
The User logs in via the Login Form, thereby gaining access to the Website.
Once logged in, the User should download the App in order to have full access to the Services provided by the Administrator.
In the Plans tab, the User may choose one of the available Subscription plans.
The Website Account is set up for an indefinite period; owning the Account incurs no financial obligations for the User against the Administrator, unless the User chooses one of the available Subscription plans.
The User may at any time withdraw from the Services offered by the Administrator. The Administrator will delete the User’s Account on demand – the request can be sent to the following e-mail address: email@example.com.
Article 5: THE APP
The App is owned by the Administrator. The Administrator makes the App available to the Users via the Website.
Users may download the App via the Website onto their computers. For the App to function properly, the computers have to be equipped with a Windows 7 (or newer) or macOS operating systems. The User’s computer must also have valid Java software installed.
Having the App installed is mandatory for the purposes of fully accessing the Services provided by the Administrator.
Article 6: SUBSCRIPTION AND PAYMENTS
The User, having installed the App, may manage their Subscription plans via their Account, by means of the Plans tab.
The Administrator offers the Users the following Subscription plans:
The Subscription plans are paid. Users may select one of the plan in the Plans tab.
In order to select one of the Subscription plans, Users are obliged to provide relevant payment details (credit card data) and other details necessary for the purposes of issuing a Proof of Purchase.
Before providing the relevant payment details, Users are informed of the total Subscription plan price.
The Starter Plan is available freely for a period of 3 days. After 3 days, Users are obliged to issue the relevant payment. Users may withdraw from the Subscription during that period, without having to issue any payments.
The fee for each of the Subscription plans covers one month of Service provision. After that period the Subscription shall be automatically renewed for one subsequent month.
In the Plans tab, Users may check the status of their selected Subscription (including the specific validity period).
Users may at any time withdraw from their current Subscription plan, or change it to another plan.
For provision of the selected Subscription plan to the User, the Administrator is entitled to a remuneration, as per the pricing list available on the Website valid at the time of selecting a given Subscription.
The prices listed on the Website are in Polish Zloty (PLN) and are gross prices – inclusive of VAT, customs fees, and any other applicable elements.
Once a given Subscription plan is selected, a Contract is implicitly concluded between the User and the Administrator.
The Administrator reserves the right to cancel the given Subscription if the relevant fee has not been issued due to insufficient funds and if the User, despite being requested to issue the payment, does not do so within 7 days.
The User issues the payment by electronic means, with a credit card: Visa, Visa Electron, MasterCard or Maestro – the Subscription shall not become active before the full payment amount is authorised.
The User shares their credit card information in order to issue the payment; the amount is credited automatically. If the User does not cancel or change their Subscription plan, the selected plan shall renew automatically, which in turn leads to automatic subsequent payments charged from the User’s credit card.
The Administrator shall send the relevant Proof of Purchase to the User’s e-mail address.
Article 6: COMPLAINTS
Should a User determine that the ordered Services are provided incorrectly, the User is obliged to inform the Administrator of this suspicion.
The complaint should include: the User’s data, information on the provided Service and the date on which incorrect Service provision was determined, as well as the User’s requests relating to the complaint.
Complaints should be filed:
on paper – by traditional mail to the Administrator’s address: Fusion Core sp. z o.o. Jaworowa 16/A23, 43-300 Bielsko-Biała, Poland
via e-mail – to the Administrator’s e-mail address: firstname.lastname@example.org
If the complaint is found to not contain sufficient information, the Administrator shall revert to the User and request additional data before responding.
The Administrator is obliged to review complaints filed by Users also being Consumers or Entrepreneurs, as per art. 2.8 of the Terms and Conditions, who demanded removal of defects, within 14 days from the moment of filing them or correcting them by the User. Should the Administrator not respond to the complaint within the above mentioned period, it is assumed that the complaint is considered valid.
Article 7: WITHDRAWAL FROM THE CONTRACT
A User may withdraw from the Contract at any time.
Users wishing to withdraw from maintaining an Account should contact the Administrator at the e-mail address: email@example.com
Users wishing to withdraw from their Subscription plan may do so via the Plans tab in their Accounts. In cases of technical issues it is also possible to file a declaration of withdrawal from the Contract via e-mail, by contacting the Administrator at the following e-mail address: firstname.lastname@example.org
Users utilizing their right to withdraw from the Contract are obliged to issue payments for the Services provided during the remaining Subscription time. The Contract is terminated at the end of the purchased Subscription plan period.
The User’s rights specified in this article do not in any way limit other rights that they are entitled to via other general rules of law.
Article 8: PERSONAL DATA PROTECTION
The Administrator is the Personal Data Controller for Users.
As the Personal Data Controller, the Administrator shall process the Participants’ personal data in accordance with the Regulation of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/WE (General Data Protection Regulation), the Personal Data Protection Act of 10 May 2018 (i.e. Dz. U. 2019, item 1781) and other relevant personal data protection laws.
Users may consent to have their personal data processed by the Administrator for the purposes of receiving the Newsletter to the specified e-mail address.
Article 9: FINAL PROVISIONS
The Administrator reserves the right to introduce limitations to the usability of the Website caused by technical issues, conservatory works, or upgrade implementation. Simultaneously, the Administrator is obligated to limit the above mentioned technical breaks to night time and to have them last as briefly as possible.
The Administrator reserves the right to make changes to these Terms and Conditions. Any changes shall come into effect in the moment specified by the Administrator, not sooner than within 7 days of them being announced. Any Services ordered before the afore mentioned changes are introduced shall be processed based on the rules and provisions valid at the time of the order. Users that do not agree to changes introduced in these Terms and Conditions should cease their usage of the Website.
Any conflicts between the Administrator and the User – provided they both agree thereto – shall be resolved in an amicable manner or by means of mediation proceedings assisted by an independent, neutral mediator.
Users also being Consumers may:
utilize out-of-court complaint and redress mechanisms, as per the Act of 23 September 2016 on resolving consumer disputes out of court (Dz. U., item 1823), and the entity entitled to conduct out of court consumer dispute resolution proceedings, to whom the Administrator is subject to, is Wojewódzki Inspektor Inspekcji Handlowej w Katowicach (Regional Commercial Inspection Office for Katowice) – address: Brata Alberta 4, 40-019 Katowice, e-mail: email@example.com, website: http://www.katowice.wiih.gov.pl/),
file a complaint via the EU online platform ODR, available at: http://ec.europa.eu/consumers/odr/.
Should amicable solution prove to be impossible, the conflict shall be resolved by the court of competent jurisdiction as per the registered address of the Administrator (i.e. the court in Bielsko-Biała), and for conflicts with Users also being consumers it shall be the court relevant as per the general rules and principles.
Any matters not regulated by these Terms and Conditions shall be regulated by the relevant provisions of the common law, including especially the Civil Code, the Consumer Rights Act, the Act on Copyright and Related Rights, and personal data protection provisions. The Terms and Conditions and in force starting on 08.05.2020 r.
The Terms and Conditions and in force starting on 08.05.2020.
Followyst is made with passion by Fusion Core Sp. z o.o. from Poland.
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