The Terms and Conditions of the “Helphoo Sp. z.o.o” Internet Platform and Mobile Application
§1 Basic Definitions
§2 General Conditions
§3 Terms of Electronic Services
§4 Conditions and Scope of Services
§5 Complaint Procedure (including in the scope of electronic services)
§6 Right of Withdrawal
§8 Of-court Handling of Complaints and Assertion of Claims
§9 Provisions Regarding Entrepreneurs
§10 Limiting, Suspension and Termination of the Provision of Electronic Services
§11 Placing Advertisements
§12 Access to Helphoo Data
§13 Final Provisions.
Terms and Conditions of the Internet Platform and the Mobile Application
These Terms and Conditions defines the manner of using the aforementioned Internet Platform and the Mobile Application, the rights and obligations of the User and the Owner (helphoo) based on the applicable law. The Terms and Conditions include the following four main parts:
a) § from 1 through 3 - the general conditions of these Terms and Conditions;
b) § 4 - includes a description of the registration process;
c) § 5 through 8 - contain the regulations related to finding faults in the services, as well as the right to withdraw from rendering and using the services as well as responsibility;
d) § 9 through 14 - contain all the remaining regulations, including the Final Provisions
e) These Terms and Conditions are available for the entire duration of the Internet Platform and the Mobile Application and their contents are available by clicking the “Terms and Conditions” link located in the footer of the Platform and the Application settings.
§1 Basic Definitions
- Platform/Portal - Internet Platform managed by the Data Controller at helphoo.com
- Mobile Application (Application) - Application available for the mobile End Devices, in particular smartphones with enabled internet connection (“End Devices”). The User has the right to use the services offered by the Platform through the Mobile Application, subject to availability.
- The Owner (helphoo) - HELPHOO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (address of its registered headquarters and address for service of notices: 27 Aleja Jana Pawła II, 00-867 Warsaw); entered in the Register of Entrepreneurs of the National Court Register, file number [KRS] 0000840189; registration court holding the company’s documentation: District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register; share capital in the amount of: PLN 5,000; NIP [Tax Identification Number]: 5272927297; REGON [National Official Business Register]: 386050881; e-mail address: firstname.lastname@example.org.
- Data Controller – Data Controller for the User’s personal data located in the Platform and the Application, i.e. - HELPHOO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Sp. z o.o. with its registered office in Warsaw 00-867, (address of the headquarters and address for deliveries 27 Aleja Jana Pawła II, 00-867 Warsaw); entered in the Register of Entrepreneurs of the National Court Register, file number [KRS] 0000840189; registration court holding the company’s documentation: District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register; share capital in the amount of: PLN 5,000; NIP [Tax Identification Number]: 5272927297; REGON [Tax Identification Number]: 386050881. E-mail address: email@example.com.
- Address of the Owner (helphoo) – each time the Owner’s Address is mentioned in the Terms and Conditions, it shall be construed as the following data: HELPHOO Sp. z o.o. with its registered office in Warsaw 00-867, at Aleja Jana Pawła II 27, e-mail address: firstname.lastname@example.org.
- User/Customer - (1) a natural person with full legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which the Act grants legal capacity, using or intending to use the Platform or the Application. The User may become a Service Provider or a Service Recipient, depending on the role selected at registration or during use of the Platform or the Application.
- Consumer – in accordance with Article 22(1) of the Civil Code: a natural person who performs a legal act which is not directly related to their business or professional activity.
- Distance Agreement – shall be construed as an agreement concluded between the Owner and the User, as part of the organised structure of a system for concluding distance agreements without requiring the physical presence of both parties to the agreement in one place and at a one time, concluded using one or more means of distance communication until and including the moment of concluding the agreement.
- Service/Electronic Service - electronic service provided by the Owner (helphoo) for the Users using this Internet Platform or Application.
- Registration – a procedure under which the User states his or her personal data in the registration form and gains access to the Platform and the Application through an Account with adequate functionalities.
- User Account - an area available to the User on the Platform and in the Application used for entering and managing data.
- Offer (Advertisement) - an advertisement published by the User on the Platform or in the Application. Announcements / offers are for information purposes only and do not constitute an offer within the meaning of Article 66 § 1 of the Civil Code.
- Act on Consumer Rights – the Act of 30 may 2014 on Consumer Rights (Dz. U. [Polish Journal of Laws] of 2014, item 827, as amended).
§2 General Conditions
- The Owner (helphoo) hereby declares that it undertakes to render services for the Users in a reliable manner pursuant to the binding legal obligations, the principles of social coexistence and in the manner regulated in these Terms and Conditions.
- The Owner (helphoo) declares that it observes all the applicable rules for protecting the Users’ personal data provided for in, among others, the Act of 10 May 2018 on personal data protection and
- The User has the possibility to read the Terms and Conditions and to accept their contents by marking an appropriate field in the registration form. In order to use the Online Platform or the Application, it is necessary to accept the provisions of the Terms and Conditions.
- Subject to the User’s consent for geolocation, the Platform and the Application may collect detailed data related to his/her geolocation (latitude/longitude) depending on the service and the device, including GPS, Bluetooth or Wi-Fi. The geolocation may be tracked also in the background, even when the User does not use the services if the User gave his/her express consent for that purpose. If the User does consent to collecting geolocation data, such data shall not be collected.
- The Owner (helphoo) is the personal Data Controller, and the personal data are protected pursuant to the Act of 10 May 2018 on personal data protection and to the provisions included in the GDPR.
- The Data Controller applies adequate technical and organisational measures for personal data protection adequately to the risks and the categories of the data under protection. In particular, the Data Controller protects the data against disclosure, stealing, processing, loss, alteration, disruption or destruction by unauthorised persons.
- The User shall use the Internet Platform and the Application in accordance with the applicable legal regulations and the rules governing social coexistence.
- The offer search function allows the User to search and browse the Offers located on the Platform and the Application.
- Using the internal messaging system by the Users is permitted after prior registration.
- Unregistered Users cannot browse and Search the Offers. They also cannot access the contact details of other Users.
- Each User accessing the Platform or the Application shall be obliged to follow these Terms and Conditions in the scope required to implement the tasks of the Platform and the Application in a manner which does not violate the applicable law and the rules of social coexistence.
§3 Terms of Electronic Services
- The Internet Platform and the Application render the services by electronic means.
- The Service defined in item 1 above requires internet access.
- The Internet Platform and the Mobile Application can be accessed 24 hours per day, 7 days of the week. The Owner (helphoo) reserves the right to introduce technical breaks in order to improve the functionality of the Platform and the Application and to remedy errors.
- For proper completion of the Form, please fill in all the fields contained herein, including the contact details such as your name, surname, e-mail address and the phone number.
- The User must register an account in order to gain full access to the services provided on the Internet Platform or on the Application.
- Advertisements on the Platform/Application are for information purposes only and do not constitute an offer within the meaning of article 66 § 1 of the Civil Code. In order to conclude an agreement on the use of services contained in an advertisement, it is necessary in each case to contact the User – advertiser to determine the details by interested parties. The Owner is not the author of the advertisements posted by its Users. The Platform/Application also does not enable Users to conclude an agreement via the Platform/Application concerning the use of the services contained in the respective advertisement.
- The requirements for accessing the Internet Platform and the Application services:
a. device with internet access,
b. a web browser which supports cookies, for example:
- The costs related to internet access and data transmission shall be incurred solely by the User in accordance with the price list included in the agreement concluded between the User and the internet provider.
- The Internet Platform and the Application are available free of charge, but the Owner (helphoo) reserves the right to introduce charges for accessing the Internet Platform and the Application in accordance with the principles for altering the Terms and Conditions specified in § 14.
§4 Conditions and Scope of Services
- The Internet Platform and the Mobile Application are areas where the Users present their services to other Users. The Announcements can be seen by both parties.
- Uhe Users of the Platform or the Application who wish to enjoy the full functionality as a registered User must register an account on the Internet Platform or in the Application and log in to the Platform or Application. The Registered User has the right to act as an Owner and a User. The published offers are visible for both parties.
- User Account can be registered by accessing the Internet Platform or the Application and required to provide the required data in the registration form, including personal data such as name and surname, e-mail address, telephone number and password.
- While filling in the registration form, the user must verify its e-mail address and the phone number by entering the verification code received via e-mail (e-mail address verification) and a text message (phone number verification).
- During registration as the Service Provider or a Service Recipient, the User defines his/her identifier (e-mail serving as a login) and a password allowing to identify the User on the Platform and in the Application.
After filling in and submitting the form including the proper codes for validating e-mail address and the phone number, the User and the Owner (helphoo) enter into an Agreement for the provision of the electronic service Account.
- The registered and logged-in User can edit and rectify his or her data.
- Each natural person or an unincorporated organisational unit can hold only a single Account. Subsequent accounts can be registered under the conditions, that it shall not mislead other Users.
- The account shall not be resold or shared (lended, hired) with third parties.
- The User has the possibility, at any time and without stating reasons, to delete his/her Account - to resign from the Account, as well as from any other electronic service he/she uses on the Portal/Application, by using the appropriate function within the Account or by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: email@example.com.
- The offers included in the Platform and on the Application must contain accurate descriptions. The description must not contain any mistakes and shall not mislead other Users. The User shall be responsible for all mistakes and inconsistencies in the description.
- Including any content not related to the subject of the Advertisement, including advertisements shall not be included in the description of the Advertisement. The Offer shall not include keywords unrelated to the contents which may affect the functioning of search engines.
- Providing any contact details in the Announcements shall be strictly prohibited. Providing, for instance, a phone number or an e-mail address in the contents of the Announcements shall be prohibited.
- Including/stating contact information in the images shall be prohibited.
- Providing hyperlinks to other websites in the Announcements shall be prohibited.
- It is prohibited to use elements of HTML code used for: loading and embedding other sites, using “cookie” files, creating forms and other code affecting the integrity of the websites of the Platform or the Application. The Platform and the Application may contain links to other websites and contents of third parties, which do not constitute a part of the Platform and the Application.
- By sharing an image on the Internet Portal or the Mobile Application, the User declares that he/she:
a. is obliged to have the rights or approvals required by law in order for the photo to be made available to the public (published) on the Portal and Application, as well as in other media, and that the publication of the photo will not result in the infringement of any third party rights;
b. grants the Owner a licence for the Data Controller to modify the photos without significantly changing them (the modification procedure is automated in the system, e.g. creating thumbnails).
- Sharing information included in the Platform and the Application, in particular with regards to User data shall be prohibited.
- Using the Platform and the Application for the purpose of mass obtaining information regarding the Offers or the Users, extending beyond normal contacts between the Users, in particular to transfer them to third persons or parties shall be prohibited. Subject to the provisions of these Terms and Conditions, the data included in the Platform and in the Application shall not be used to create another database or to include them in another database, for a different public display and shall not be used in violation of the law, common decency or the rules of social coexistence.
- The User shall not have the right to:
a. to upload the personal data of third parties, to disseminate their image without the required authorisation or consent of the third party concerned;
b. to upload advertising and/or promotional content which is incompatible with the purpose of the Internet Platform and the Application.
- The User shall be prohibited from publishing contents which may, in particular:
a. violate the personal rights of third parties;
b. be posted in bad faith;
c. violate the rights of third parties, copyright, neighbouring rights, industrial property rights, business secrets or confidentiality, in particular the contents defined as secret or top secret;
d. be offensive or threatening to other persons, or contain statements generally considered offensive (e.g. vulgar language), or otherwise be controversial;
e. infringe the legitimate interests of the Platform and the Application;
f. be considered unsolicited commercial communications (spam), disseminate or post messages on the Platform and the Application;
g. otherwise be contrary to good morals - for example, erotica, pornography, breach of the applicable law or rules of social coexistence.
h. propagate homophobia, racism, Nazism, fascism and related views.
j. promote, encourage or contain instructions regarding illegal activities, in particular hacking, cracking or phreaking (to the extent that these activities are punishable);
k. contain software, information or other material that contains viruses, “Trojan horses”, “bugged” data or other harmful or destructive elements;
- The Data Controller shall take all measures to ensure that the contents of the Offers, Profiles as well as all public information regarding the User are verified in the possible extent. For that purpose, the Data Controller of the Website reserves the right to inspect and to moderate Profiles and Offers using the available means (i.e. via telephone, e-mail, website, mobile application) and to verify the references published on the website.
§5 Complaint Procedure (including in the scope of electronic services)
- Complaints related to the services provided on the Platform and the Application shall be submitted by the User by electronic mail to the following e-mail address firstname.lastname@example.org.
- It is recommended to state the follwoing in the description of the complaint: (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of occurrence of the irregularity; (2) the type of request; and (3) contact details of the complainant - this will facilitate and expedite the handling of the complaint. The requirements stated in the preceding sentence are a recommendation only and they shall not affect the effectiveness of complaints submitted without the recommended description of the complaint.
- The response to the claims shall be granted within 21 days after receiving the complaint by electronic means.
- In the event that the person submitting the complaint does not accept the Data Controller’s decision, the complainant has the right to exercise his or her rights on general principles by seeking judicial - and in the event of a consent of both parties - out-of-court method for handling complaints and asserting claims.
§6 The Right to Withdraw
- In accordance with the binding legal regulations, the User who is a Consumer within the meaning of Article 27 of the Act of 30 May of 2014 on Consumer Rights (Dz. U. [Polish Journal of Laws] of 2014, item 827 as amended) shall have the right to withdraw from the distance agreement without the need to state the reason for the withdrawal.
- In accordance with Article 38 of the Act on Consumer Rights – the right to withdraw from the agreement shall not apply to a consumer in the case of the agreements: (1) for providing services if the entrepreneur has carried out a complete service with the express consent of the Consumer, who had been informed prior to the commencement of the service that carrying it out by the entrepreneur causes the consumer to lose the right to withdrawal;
(2) for providing services if the entrepreneur has carried out a complete service with the express consent of the Consumer, who had been informed prior to the commencement of the service that carrying it out by the entrepreneur causes the consumer to lose the right to withdrawal;
- In the event that the User classified as a Consumer shall withdraw from the agreement, the agreement shall be considered void. The Owner (helphoo) shall confirm the reception of the declaration of withdrawal from the Agreement to the Client and shall inform the Client on further action and shall provide the answer to any further questions.
- The User classified as a Consumer has the right to withdraw from the Agreement, for instance by submitting a declaration on the internet form constituting Appendix no. 2 to these Terms and Conditions by electronic means. Form template shall constitute only an auxiliary tool for withdrawing from the Agreement. It is not a mandatory template used for withdrawing from the Agreement. The Client may but does not have to use it. In order for the withdrawal to be deemed effective, the declaration must be sent by electronic means to the following address: email@example.com.
- Subject to item 2 of this paragraph, the Consumer shall have the right to withdraw from the distance agreement wintin 14 days without stating the reason for doing so and without incurring any costs, except for the costs indicated in Article 33 and Article 34 indicated in the Act on Consumer Rights. The period for withdrawal from the Agreement for the provision of services (including Electronic Services) shall start from the day of conclusion of the Agreement
- The right to withdraw from the Agreement shall not be granted to a Client in relation to the Agreements defined in Article 38 on Consumer Rights, i.e.in relation to the following agreements:
a. for the provision of services where the trader has performed the service in full with the express consent of the consumer who has been informed before the performance begins that after the trader's performance he will lose his right of withdrawal;
b. in which the price or remuneration depends on fluctuations in the financial market which are not controlled by the trader and which may occur before the end of the withdrawal period;
c. in which the subject of the performance is a thing not prefabricated, produced to the specification of the Consumer or serving to meet his individual needs;
d. in which the object of performance is a perishable item or an item with a short shelf life;
e. in which the subject matter of the performance is a thing delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
f. in which the subject matter of the performance are things which after delivery, due to their nature become inseparable from other things.
- The provisions contained in this paragraph 6 of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and for agreements concluded from that date also to the User who is a natural person concluding an agreement directly related to his/her business activity, if it results from the content of this agreement that it does not have a professional character for this person, in particular resulting from the subject of his/her business activity made available on the basis of the provisions of the Central Register and Information on Business Activity.
- The Data Controller does not give any guarantees, including with respect to the Web Platform and Mobile Application being free from defects.
- The Data Controller shall not be responsible for any disruption in the operation of the Platform and Application caused by force majeure.
- In the event of a failure of the Platform or Application, the Data Controller shall strive to have the failure immediately removed.
- By posting and publishing any content, the User voluntarily distributes such content. The Owner is not the author of the content made available by the Users, he is only the entity that makes available the ICT resources enabling their publication. The Owner complies with Article 14(1) of the Act on Provision of Electronic Services of 18 July 2002. (Polish Journal of Laws of 2002 no. 144, item 1204 as amended) according to which: the person who, by making available the resources of the ICT system for the purpose of storing data by the User, is not aware of the unlawful character of the data or related activities, and in the case of receiving official notification or obtaining reliable information on the unlawful character of the data or related activities, shall immediately prevent access to such data.
- The Owner (helphoo) will use its best endeavours to ensure that the Platform and the Application operate correctly and are available 24 hours per day.
- The Internet platform and the Application do not services related to archiving files, data or information provided by the User.
- The Owner (helphoo) does not give any warranty to the User, either express or implied, with regards to the results and suitability of the services offered on the Platform and in the Application for certain uses of the services or the quality and economic results of those services.
- The Owner (helphoo) is not a party to any Agreements, agreements or other legal transactions between Users.
§8 Out-of-court Handling of Complaints and Assertion of Claims
- Information on out-of-court handling of complaints and assertion of claims, as well as rules of access to these procedures are made available in the offices and on the websites of the district (city) consumer legal advisers, social organizations whose statutory tasks include consumer protection, Voivodeship Trade Inspection Authority and under the following address of Office of Competition and Consumer Protection www.uokik.gov.pl/sprawy_indywidualne.php, www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php;
- Among others, the User has the following possibilities to use the out-of-court methods for handling complaints and asserting his or her claims:
a. to contact the Voivodeship Trade Inspection Authority and submit a request to initiate mediation proceeding for seeking amicable settlement.
b. to apply to the permanent amicable Consumer Court at the Voivodeship Trade Inspection Authority in order to resolve a dispute arising from the concluded agreement at the following address www.uokik.gov.pl/wazne_adresy.php.
c. to request free legal assistance, among others, from the Consumer Federation - website address www.federacjakonsumentow.org.pl.
- The European Consumer Centres Network provides assistance in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Centre www.konsument.gov.pl.
- The User also has the right to use the online platform for resolving disputes (ODR platform), in accordance with the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). ODR (online dispute resolution) available at the following electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform provides a single point of entry for consumers and traders for the out-of-court resolution of disputes concerning contractual obligations arising from an online service agreement: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
- The User may use the of out-of-court complaint and redress procedures voluntarily.
§9 Provisions Regarding Entrepreneurs
- This paragraph 9 of the Terms and Conditions and the provisions contained therein are addressed to and thus binding exclusively on the User who is not a consumer, and from 1 January 2021 and for agreements concluded from that date onwards, also on the User who is not a natural person concluding an agreement directly related to his/her business activity, if it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
- The Owner shall have the right to withdraw from the Agreement for provision of Electronic Services concluded with the User within 14 calendar days from its conclusion. In this case, the withdrawal can be made without giving any reason and does not give rise to any claims against the Owner by the User who is not a consumer.
- The Owner shall have the right at any time to take action to verify the truthfulness, reliability and accuracy of the information provided by a User who is not a consumer, if it has reasonable suspicions as to its reliability. In terms of verification, the Owner shall have thr right, among other things, to require the User to send a scan of any certificates, attestations or other documents necessary for verification. During the verification referred to in the previous sentence, the Owner shall have the right to suspend the Account of the User who is not a consumer for the duration of the verification.
- The Owner shall not be liable to the User for any damage or failure to fulfil obligations resulting from force majeure or any other cause beyond the User's control.
- The liability of the Owner within a single claim, as well as for all claims in total shall be limited to PLN 1 net. The Owner shall only be held liable for typical damages which were foreseeable at the moment of concluding the Agreement and shall not be held responsible for any lost profits.
- Any disputes between the Owner and the User shall be submitted to the court having jurisdiction over the Owner's registered office
§10 Limiting, Suspension and Termination of the Provision of Electronic Services
- The Owner reserves the right to limit, suspend and ultimately terminate the provision of its Electronic Services to the Users concerned. In the case of Users who are advertisers, this may also apply to individual Advertisements placed by these Users on Helphoo. The measures referred to above shall be taken by the Owner only if and to the extent that they are necessary, subject to the following conditions:
a. The grounds for limiting, suspending and ultimately also terminating the provision of Electronic Services to the User in question shall be:
- the User’s provision of false or incomplete contact details (e.g. name and surname, name of the company, address) within the Service (in the event that they are mandatory);
- posting an Advertisement by a User (including its subject matter and description) which violates the generally applicable provisions of law, decency, rules of social conduct or the rights of third parties;
- posting an Advertisement by a User (including its subject matter and description) which breaches the conditions for the display of Advertisements set out in the Terms and Conditions;
- sending messages of a spam nature to other Users as part of private correspondence, including content of an advertising or advertisement nature, or commercial information encouraging the use of services competing with the Portal/Application, including website addresses, names and logos of such websites;
- posting an Advertisement by a User for purposes other than the one resulting from the content and subject matter of the Advertisement;
- The Owner shall carry out User verification in accordance with § 10 item 3 of the Terms and Conditions;
- the actions of the User concerned threaten to harm the reputation of the Owner or the Portal/Application;
- a legal or regulatory obligation under which the Owner is required to terminate the provision of all of its Electronic Services to the User in question;
- the Service Provider’s execution of its right to terminate the provision of services for an overriding reason under national law compatible with European Union law;
- repeated violation of the Rules by the User.
b. Restricting Electronic Services consists in temporarily limiting Users' access to certain Helphoo functionalities, e.g. disabling certain Account functionalities.
c. Suspension of Electronic Services consists in temporary switching off the User's access to particular Electronic Services, e.g. suspension of the possibility to use the Account. When the Account is suspended, it is not possible to place new Advertisements. Suspension of the Account may also result in hiding all Advertisements displayed through it.
d. At the time of restriction or suspension of Electronic Services, the User is obliged to take actions aiming at removing the reason which was the basis of the decision on restriction or suspension, and after their removal, the User is obliged to immediately inform the Service Provider about such case.
e. The restriction or suspension of Electronic Services shall continue until the reason on which they are based ceases to exist. In such case, the Owner shall revoke the restrictions or suspension imposed without undue delay. Restrictions or suspensions may also be revoked upon the User’s confirmation of the removal of the underlying reason, immediately upon receipt of such confirmation from the Users.
f. The Owner shall decide on the manner and extent of limiting, suspending or terminating the provision of Electronic Services to the User concerned. The Owner shall make the decision in a manner that is reasonable, necessary and proportionate to the nature and extent of the grounds for the decision and its consequences for the User concerned. Before making a decision, the Owner shall, if possible, request the User to cease the infringement; the Owner make an appropriate decision only if such request proves ineffective or impossible. The Owner first undertakes to take a decision to restrict and later to suspend the provision of Electronic Services if the restriction itself proves to be insufficient or inexpedient. Termination of the provision of Electronic Services shall be treated as a final termination of the agreement on the use of services with the Service Recipient and may only be based on the reasons indicated in item 2(a) sub-items (ix-xi) of this paragraph.
g. In the event of a decision on limiting or suspending the provision of Electronic Services to a given User, the Owner shall provide that User – before the decision on limiting or suspending becomes effective or at the moment at which it becomes effective – with a justification of such decision at least by means of an e-mail message.
h. In the event that the Owner decides to terminate the provision of all its Electronic Services to a specific User, it shall provide that User with a justification of that decision, at least by means of an email message, at least 30 days before the date on which the decision to terminate the provision of Electronic Services takes effect. The notification period referred to in the preceding sentence shall not apply where the Owner:
- is subject to a legal or regulatory obligation under which it is required to terminate the provision of all of its Electronic Services to the User concerned in such a way that it is unable to comply with such notification period,
- exercise the right to terminate services for an overriding reason which stems from a national law compatible with the European Union law,
- may demonstrate that the User in question has repeatedly violated the Terms and Conditions, which shall result in the termination of the entire provision of the Electronic Services in question.
i. The reasons for the Owner's decision to restrict, suspend or terminate the provision of Electronic Services must include a reference to the specific facts or circumstances – including the content of notifications received from third parties – that led to the Service Provider's decision in question, as well as a reference to the applicable grounds for that decision as referred to in this section of the Terms and Conditions. The Owner is not required to provide (1) a statement of reasons where it is subject to a legal or regulatory obligation not to provide specific facts or circumstances or (2) a reference to the applicable ground(s) where it can demonstrate that the User in question has repeatedly breached the Terms and Conditions, resulting in termination of the provision of the Electronic Services in question in its entirety.
j. In the case of restriction, suspension or termination of Electronic Services, the Owner shall provide the User with an opportunity to clarify the facts and circumstances within the complaint procedure referred to in § 5 of the Terms and Conditions. In the event of withdrawal of a decision to limit, suspend or terminate services by the Service Provider, the Service Provider shall, without undue delay, restore the User's access to those services, including restoring the User's access to personal data or other data that resulted from the User's use of Electronic Services before the decision on such limitation, suspension or termination took effect.
- The Owner reserves the right to request the User to change or remove any content posted by the User within, including Advertisements, if they violate these Terms and Conditions, together with a reason, and in the event of an unsuccessful request, to remove such content. The Owner also reserves the right to request the User to change any photographs or other visual material uploaded to the Website, including within the Advertisement, if they do not meet the aesthetic or content requirements.
§11 Placing Advertisements
- The Owner may use Helphoo to rank Advertisements, consisting in assigning a higher position to certain Advertisements in the search results obtained by the User with respect to other Advertisements placed on the Website.
- The Owner hereby defines the main parameters determining the placement:
a. date of uploading the Advertisement to the Website or another content sorting criterion applied voluntarily by the User using filtering and sorting options for the search results;
b. placing the Advertisement in the correct category,
c. use of search terms in the title and body of the Advertisement;
d. the quality of the presentation of the Advertisement, the visual features and their description;
e. adding photos in the Advertisement, including the number of photos added.
- The parameters determining the placement of advertisements on Helphoo are designed to make it easier and quicker for the user to find the Advertisement that interests them and to increase the chances of advertisers to reach their target audience.
§12 Access to Helphoo Data
- When using the Portal/Application, the Owner and the Users may have access to the following categories of personal data or other data that Users provide for the purposes of using Helphoo or that is generated in result of of their use of Helphoo:
a. User who does not have an Account: no access to data;
b. User who has an Account: basic data of the user posted by them within their Advertisements (e.g., first and last name, username, company name, address, location, phone number, avatar) and other potential data contained in the descriptions of individual Advertisements available on Helphoo, in addition to information voluntarily provided by them in the course of using Helphoo (including information made available within the Account) and information voluntarily made available to them by another User in the course of private correspondence in Helphoo;
c. The User who has an Account and places an Advertisement: data as described above and, in addition, information about the history of his/her Advertisements, information about private messages received from other Users in relation to the Advertisements, information provided voluntarily by him/her in the Advertisements; information about payments made for functionalities of the Service; statistical data about searches, queries and browsing of his/her Advertisements on Helphoo;
d. The Owner of the Portal/Application: has access to all the data provided and generated by each User using Helphoo, including that which is accessible to registered Users in accordance with the rules set out in the preceding provisions.
§13 Final Provisions
- This Agreement concluded between the User and the Owner (helphoo) concerning the services provided by the Owner (helphoo) as part of the Website Platform and the Application under these Terms and Conditions shall be governed by the Polish law.
- The Owner (helphoo) honours all rights of the Users provided for in the applicable laws of the Republic of Poland. These Terms and Conditions do not exclude the provisions in force in the country of habitual residence of the consumer concluding the Agreement with the Owner, which cannot be excluded by Agreement. In such case, the Owner shall provide the consumer with the protection granted by legal provisions which cannot be derogated from by the Agreement.
- All contents included on the Platform and in the Internet Application (including graphics, texts, page layout, logos, article content, regulations and security policy) are protected by copyrights and constitute the sole property of the Platform. The use of this contents without the written consent of the Platform results in civil and criminal liability.
- Amendments to the Terms and Conditions:
a. The Owner reserves the right to make changes to these Terms and Conditions for important reasons, i.e.: change of legal regulations; becoming subject to legal or regulatory obligation; change of the scope or form of electronic services provided; adding new electronic services; introduction of chargeability, change of payment methods and dates; necessity to counteract unforeseen and direct threat related to protection of the Portal/Application, including electronic services and Users from fraud, malware, spam, data breach or other cyber security threats - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
b. The period of notice of proposed amendments before they are implemented shall be at least 15 days from the date of notification, subject to item 4.2 letters (d) and (e) of this paragraph of the Terms and Conditions. The Owner has the right to terminate the Agreement with the User before the end of the notification period. Such termination shall take effect 15 days after the receipt of the notification.
c. In the case of a conclusion of a continuing agreement (e.g. an agreement on the use of an Account), the amended Terms and Conditions shall be binding upon the User if the User has been correctly notified of the amendments in accordance with the notification period prior to their introduction and has not terminated the agreement within this period. In addition, at any time after being notified of changes, the User may accept the changes and thus choose not to continue with the notification period.
d. If a Agreement other than a continuous Agreement is concluded, the amendments to the Terms and Conditions shall not in any way affect the User's acquired rights prior to the effective date of the amendments to the Terms and Conditions; in particular, the amendments to the Terms and Conditions shall not affect Agreements already concluded, executed and performed.
e. The Owner may amend the Terms and Conditions without observing the 15-day notice period referred to in item 4.2(b) of this section of the Terms and Conditions, in the event that the Owner:
- is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a way that prevents it from complying with the 15-day notification period;
- must exceptionally amend its Terms and Conditions to address unforeseen and imminent risks associated with protecting the Portal/Application, including electronic services and Users from fraud, malware, spam, data breaches or other cyber security threats.
f. In cases referred to in item 4.2 letter b) of this paragraph of the Terms and Conditions, amendments shall be made with immediate effect unless a longer amendment period is possible or necessary, which shall be notified by the Owner in each case.
- In matters not regulated by the Terms and Conditions the appropriate provisions of the Polish law shall apply, in particular: Civil Code; Act on Providing Services by Electronic Means of 18 July 2002. (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act and other relevant provisions of commonly binding law.