The Terms and Conditions of the “Helphoo Sp. z.o.o” Internet Platform and Mobile Application
§1 Basic Definitions
§2 General Provisions
§3 Terms of Services
§4 Conditions and Scope of Services
§5 Handling Complaints (mandatory information)
§6 Withdrawal (mandatory information)
§7 Warranty (mandatory information)
§9 Out-of-court Handling of Complaints and Assertion of Claims
§10 Provisions Regarding Entrepreneurs
§11 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) §1 through 3 - contain the General 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 11 - contains 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
- Internet Platform - 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.
- Owner (helphoo) - HELPHOO Sp. z o.o. with its registered office in Warsaw 00-867, at Aleja Jana Pawła II 27Ave., NIP [Polish Tax Identification Number]: 5272927297, REGON no.: 386050881, KRS no. [National Court Register Number]: 0000840189
- Data Controller – Data Controller for the User’s personal data located in the Platform and the Application, i.e. - HELPHOO Sp. z o.o. with its registered office in Warsaw 00-867, Aleja Jana Pawła II 27Ave., NIP [Polish Tax Identification Number]: 5272927297, REGON no.: 386050881, KRS no. [National Court Register Number]: 0000840189
- 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:
a. Registered office: HELPHOO Sp. z o.o. with its registered office in Warsaw 00-867, at Aleja Jana Pawła II 27 Ave.
b. e-mail address: email@example.com
- User/Client – a natural person over 18 years of age, a legal entity or an unincorporated organisational unit, who/which uses the Platform or the Application. The User may become a Service Provider r a Service Recipient, depending on the role selected at registration or during use of the Platform or the Application.
- Consumer – Article 221 of the Civil Code. The Republic of Poland: a natural person who performs a legal act which is not related to their business or professional activity.
- Distance Agreement – shall be construed as an agreement concluded between the Internet Platform or the Application 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 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 (Announcement) - an offer within the meaning of the Civil Code, published by the Users on the list of offers (Announcements)
- Agreement - agreement concluded for an indefinite period between the Owner (helphoo) and the User, based on which the Owner (helphoo) obliges to provide the Registered User with a service allowing him/her to publish Announcements, to browse Announcements places by other registered Users and to communicate with other Users. As part of the agreement, the Owner (helphoo) also manages the User Account on the Internet Platform and the Application.
- 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 Provisions
- 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 User grants his/her consent for the Owner to collect and process personal data within the meaning of the Act of 10 May 2018 on personal data protection and in accordance with the regulations contained in the GDPR. The data may be transferred to other parties for marketing purposes, in circumstances where such transfer is required by the law or for the purpose of asserting claims.
- 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. Acceptance of the Terms and Conditions and granting consents for personal data processing are the prerequisites for using the Internet Platform or the Application.
- The User grants his/her consent for geolocation and for receiving notifications on the screen (location monitoring). Subject to the User’s consent, 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.
- Similarly, subject to the User’s consent, the Platform and the Application may collect the User’s photos (for instance, if the User wishes to publish his or her photographs).
- 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.
- Each data subject has the right to:
a) Monitor and inspect the personal data processing with regards to the data for which the Data Controller runs a filing system of the Users of the aforementioned Internet Platform and the Application;
b) to seek exhaustive information if such filing system exists and is managed by the Data Controller;
c) to determine who is the Data Controller, to determine the Data Controller’s address, headquarters, name, and in the event that the Data Controller is a natural person, to determine the person’s name and domicile;
d) to obtain information on the scope, purpose, method and time of processing of the data contained in such filing system;
e) to obtain information provided in commonly understandable form on the contents of the data;
f) to learn about the source of the data pertaining to the data subject, unless the Data Controller is obliged to maintain confidence of classified information or to maintain a trade secret in that regard;
g) to supplement, update, rectify the personal data, temporary suspension or deletion if they are incomplete, outdated, untrue or if they have been collected in violation of the act or if they are no longer required for the purpose for which they were collected.
- In accordance with item 10, the user has the right to access the contents of the processed personal data, to rectify the data and to request the deletion of the data. The Data Controller shall be obliged to supplement, update, rectify the data, to temporarily or permanently suspend the processing or to remove the data from the filing system on an ongoing basis, immediately after receiving a relevant request, unless the request pertains to the personal data covered by separate legal regulations governing the method for its supplementation, updating or rectification.
- The User undertakes to 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.
- The Owner (helphoo) has the right do disclose the content, materials and data, including IP addresses of the Users who used the Platform or the Application to authorised public authorities, in particular when it is required for preventing crime or for conducting criminal proceedings.
In such event, the Owner (helphoo) shall not be held responsible for any potential restrictions in accessing certain data and information.
The User has the right to reach our Data Protection Officer regarding the issues related to the GDPR at the following address: firstname.lastname@example.org.
§3 Terms of 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.
- The Owner (helphoo) shall undertake all efforts to ensure the highest possible accessibility to its services and to eliminate any breaks in the services, however the User shall not request continuous, undisrupted availability of the services. In addition, the Owner (helphoo) has the right to temporarily suspend the provision of services, including also without the obligation to notify each User individually. In spite of the above, the Owner (helphoo) shall undertake all efforts to notify the Users prior to the suspension of services through the Internet Portal, the Mobile Application or other means of communication.
- 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.
- At the stage of finalising the transaction in a relevant window, the User selects the following option: “I hereby consent to receive commercial offers from helphoo.com by electronic communication means by electronic messages to the e-mail address provided in the registration form, and the consent for the processing of my personal data by helphoo.com for that purpose as well as for promotion, advertising and market research. I hereby declare that the consent is granted voluntarily, and it may be revoked at any time by issuing a message to the Data Controller’s e-mail at email@example.com.” - it is required to conclude the agreement. The personal data must be provided in order to submit an order, failing to provide the data shall be construed as withdrawal from concluding the agreement.
- The Internet Platform and the Application are dedicated to legal age users only. Persons between the age of 13 and 18 must obtain the consent of their legal guardian in order to access the functions of the Platform and the Application. The owner (helphoo) of the Platform and the Application is not responsible for verifying the age of the registering users.
- The Internet Platform and the Mobile Application are used for agency service only. All claims related to services offered by the Users on the Platform or in the Application shall relate solely to the relations between the Users.
- The requirements for accessing the Internet Platform and the Application services:
a) a device with internet access;
b) a web browser handling Cookie files, for instance:
- 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 Owner (helphoo) reserves the right to modify the Internet Platform and the Mobile Application at any time in order to introduce improvements and increase their quality as well as the right to suspend the services offered by the Internet Platform and the Mobile Application. In the event that modifications to the Internet Platform and the Mobile Applications shall require an update of the Terms and Conditions, the Owner (helphoo) shall inform the User and provide the conditions for acceptance.
- 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. The Owner (helphoo) shall notify the users of the change of the conditions for services 14 days in advance. The User who does not wish to use the changed conditions has the right to withdraw from the agreement and to delete his/her account (withdrawal from the agreement).
§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.
- The 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 a Service Provider and a Service Recipient. 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, address 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.
- 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 with third parties.
- 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 type of advertisements in the offer description shall be prohibited. The submitted 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.
- The Owner (helphoo) has no control over the current or the future form of the websites which belong to third parties and does not modify such websites. In addition, the Owner (helphoo) shall not accept any responsibility over the accuracy, completeness and correctness of any information published on these websites, as well as for the products and services offered by third parties through the websites lined by the Platform or the Application. The responsibility for all agreements, transactions and other negotiations between the User and third parties shall lie within the User and the relevant third parties. After clicking the link to a third party’s website, the User leaves the site of the Platform or the Application and is redirected to the third party’s website. In the event that the Owner (helphoo) learns that the contents of the third-party websites linked by the Platform or the Application violate the law, the Owner (helphoo) shall immediately remove such links from the Platform and the Application.
- In the event that the User violates the law due to accessing the services offered on the Platform and in the Application, he/she shall incur the responsibility for damages against natural or legal persons who/which have suffered the damages, including the Owner (helphoo), on basic principles.
- By sharing an image on the Internet Portal or the Mobile Application, the user declares that he/she:
a. holds the authorisations or approvals required by the law in order to publicly display the image (publish) in the Portal and the Application, as well as in other media in accordance with the consents provided by the User, based on the provisions included in these Terms and Condition and that the publication of such image shall not cause a violation of the rights of any third parties;
b. grants consent to the Data Controller to modify the images, however without introducing significant changes (the modification procedure is automated within the system, i.e. creating miniatures).
- The Data Controller hereby wishes to inform the Users that by sharing the images, compositions or any other copyrighted materials in the Portal and the Application, they decide to have them publicly shared with an unlimited and undisclosed number of internet users, which may carry consequences regarding the future protection of the rights to the image and the rights to the compositions or the copyrighted materials. The Owner (helphoo) of the Portal and the Application shall not be held responsible for the aforementioned actions.
- Sharing and storing 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) place the personal data of third persons or publish their image without obtaining the consent of the third-party data subject;
b) publish advertising or promotional content in violation of the intended purpose of the Internet Platform and the Application.
- The Users shall be prohibited from publishing contents which may, in particular:
a) violate the personal rights of any third parties;
b) be published in bad faith or construed as such;
c) violate the rights of third parties, copyrights, related rights, industrial property rights, trade secret or covered by confidentiality clause, in particular contents defined as confidential or strictly confidential;
d) be defamatory or constitute a threat against other persons, include statements commonly regarded as offensive (e.g. expletives) or controversial in any other form;
e) violate the just interests of the Platform and the Application;
f) be regarded as unsolicited commercial communication (spam), submitted or placed on the Internet Platform and the Application;
g) violate decency in other ways - i.e. erotica, pornography, violate the currently binding legal provisions, social norms or customs.
h) propagate homophobia, racism, Nazism, fascism and related.
i) violate the rights incurred by third persons, including trademark rights, commercial rights, company rights and designations of origin, violate copyrights;
j) promote illegal activity, in particular hacking, cracking or phreaking (to the extent punishable by law), encourage such behaviour or to publish instructions pertaining to such activities;
k) containing programs, information or other materials containing viruses, “trojan horses,” data containing “bugs” or other malicious or disruptive components.
- 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.
- The Data Controller has the right to send information and announcements to the users, including technical communications regarding the functioning of the Portal and the Application using an internal mailing servers, by e-mail, SMS or by displaying them on the Portal and in the Application. The User has the right to opt-out from the notifications, by changing the profile settings or by deleting the account.
- The Data Controller reserves the right to restrict the access to the User’s account or to delete the User's account.
§5 Handling Complaints (mandatory information)
- 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.
- The complaint must contain: a description of the issue, the details of the complainant (full name, address, phone number, e-mail address).
- 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 Withdrawal (mandatory information)
- In accordance with the binding legal regulations, the Client 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, item 13 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: “for the supply of digital content which is not recorded on a physical medium, if the service had begun with the consumer's express consent prior to the expiry of the withdrawal period and after the Seller has informed the entrepreneur about the loss of the right to withdraw.”
- 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. In such event, the Consumer shall be exempt from any obligations. The services rendered mutually by both parties shall be returned in unchanged form unless the change was required under common management. The User shall not have the right to withdraw after the provision of services has started.
- The User classified as a Consumer has the right to withdraw from the Agreement by submitting a declaration on the internet form constituting Appendix no. 1 to these Terms and Conditions by electronic means. Appendix no, 1 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, it shall be sent by electronic means to the following address: email@example.com.
- The Consumer shall have the right to withdraw from the distance agreement 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 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 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;
b) under which the price or remuneration depends on fluctuations in the financial market, which are beyond the business owner’s control, and which may occur before the deadline for withdrawal;
c) in which the object of the service involves an unprocessed item, manufactured in accordance with the Consumer’s specifications or to satisfy his/her individual needs
d) in which the object of the service is an item subject to rapid deterioration or which has a short expiry date;
e) in which the object of the service is an item supplied in sealed packaging which, cannot be returned for health or hygienic reasons if opened after delivery;
f) in which the object of the service are items which, by their nature are inseparably combined with other items after delivery.
§7 Warranty (mandatory information)
- In the case of services on this Platform or in the Application, the Owner (helphoo) shall be her liable under warranty if the defect is discovered within two years after the date of delivery of the Commodities/Services to the Consumer. The Owner (helphoo) shall be held liable against the Consumer if the Commodities/Services do not comply with the agreement at the time of delivery and in the event that they had any physical or legal defects. The Owner (helphoo) shall be held liable for the lack of conformity of the Commodities/Services with the agreement in the case that such non-conformity is discovered within two years after the Commodities/Services are issued to the Buyer, however, in the case of replacement of the Commodities/Services, this period shall run again. A physical defect shall be construed as the incompatibility between the sold thing and the agreement. In particular, the sold item shall be construed as non-compliant with the agreement if:
a) it does not hold the properties which would be displayed by the item in accordance with the agreement or resulting from the circumstances or its purpose;
b) it does not have the properties communicated by the Seller to the Buyer, including by presenting a sample or a template;
c) is not suitable for the purpose communicated by the Buyer to the Seller at the conclusion of the agreement in the event that the Seller has not raised an objection to such purpose;
d) was issued to the Purchaser in an incomplete state.
- Any defects of the Commodity/Services shall be submitted to the Owner’s (helphoo) e-mail address:firstname.lastname@example.org (see §1 item 5(2): “Owner’s (helphoo) e-mail address”). In the event that the Consumer experiences issues with notifying defects of the Commodity/Service, such notification may be issued on the form constituting Appendix no. 2 to these Terms and Conditions, which shall only facilitate the complaint process. Using the template is not required for the complaint to be effective.
- The Owner (helphoo) shall immediately respond to the Consumer's notification, however in any case not later than 14 calendar days after receipt. Failure to process the complaint within the due time shall be construed as the Owner’s (helphoo) acceptance of the complaint and assessing it as justified.
- The Owner (helphoo) shall cover the costs of removing the defects or faults and replacing the Commodities/Service.
- The owner (helphoo) shall not be held responsible for the contents (both verbal and graphic) provided by the Users on the Internet Platform and in the Application. In the event that a third-party claims and infringement of copyrights, related rights or other rights, the Owner (helphoo) shall immediately transfer such claims to the User as the entity responsible for the contents. The User shall be obliged to accept these claims and the Owner shall waive any liability in that regard.
- The Data Controller does not give any guarantee that the Internet Platform and the Mobile Application are free from defects.
- The Data Controller shall not be held liable for any disruptions in the operation of the Platform and the Application caused by force majeure, which shall be construed as circumstances which could have not been foreseen by the Data Controller and remained beyond the Data Controller’s control, in particular equipment failure, actions taken by third parties, unauthorised interference by Internet users or other events not defined in these Terms and Conditions, even if they would result in the loss of User’s data or the loss of purchased bundles.
- In the event of a failure of the Platform or Application, the Data Controller shall strive to have the failure immediately removed.
- The Owner (helphoo) shall not be held responsible for the correctness and completeness of the data provided by the User.
- The Owner (helphoo) and the Data Controller shall not be held liable for the correctness and completeness of the data provided by the Users on an ongoing basis.
- By posting and publishing any content, the User voluntarily distributes such content. The Internet Platform and the Application are not content providers and do not in any way identify with content providers, they are only entities that provide ICT resources allowing for publication. The User declares that:
a) has the right to use and share the content it publishes, it holds the economic copyrights, industrial property rights or related rights;
b) posting and sharing personal data, image, information concerning persons other than the User within the services was carried out in accordance with the law, voluntarily and with the Owner’s (helphoo) consent.
- In the event of receiving a notification issued by a third party, an authorised person or a public authority, the Owner (helphoo) reserves the right to modify or delete the contents posted by the User in the event that such content violates these Terms and Conditions or the applicable laws. The Internet Platform does not manage the contents that is posted on an ongoing basis.
- The owner (helphoo) will make every effort to ensure the proper operation of the Platform and the Application and its 24-hour availability, but is shall not be held liable for any damages resulting from technical malfunctions of the Platform and the Application.
- The Owner (helphoo) shall also not be held liable for any damage to devices that use the Internet Platform and the Application, rebooting the device or by the loss of data on the device.
- The Internet platform and the Application do not services related to archiving files, data or information provided by the User.
- In the event that the User violates these Terms and Conditions, the Owner (helphoo) may suspend the provision of services or terminate the agreement concluded with the Client with immediate effect by disabling / removing active services.
- 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) shall not be held liable for the actions or omissions of the Users, nor for their improper performance or non-performance of the agreements concluded with other Users, in particular, is shall not be responsible for the quality, safety, legality, truthfulness and reliability of the information provided by the Users. The Owner (helphoo) shall not be held responsible for the Users' failure to conclude an agreement with other Users.
- The Owner (helphoo) shall not be held liable for the consequences of using the data provided by the Users.
- The Owner (helphoo) shall not be a party to any agreements, arrangements or other legal actions between the Users, and therefore the Owner (helphoo) shall not be held liable for failure to perform or improper performance of agreements concluded as a result of or in connection with the Services offered on the Platform and the Application.
- The Owner (helphoo) shall not be responsible for other actions or omissions of the Users with regards to other Users.
- The Owner (helphoo) reserves the right to:
a) change the parameters and functionality of the User Accounts;
b) change the usability and capabilities of the Platform and the Application, in particular the scope and type of Services and their functionality;
c) temporarily shut the Platform and Applications down for the purpose of, in particular, introducing modifications, maintenance and repairs;
d) remove the entire contents of the Platform and Application servers for important reasons or to completely discontinue the provision of the Services, after issuing a prior notification to the Users on the Platform and Application websites;
e) discontinue the provision of the Services on the Platform and the Application in relation to a Recipient who violates the provisions of the Terms and Conditions.
- The Data Controller of the Website and the Application shall not be held liable for “theft of Accounts” carried out by third parties which were not the result of intentional actions or negligence of the Data Controller of the Website and the Application.
- The Data Controller of the Website and Application shall not be held liable in the event that any third parties download photographs from the Website and Application and place them on other websites or use them in any other manner, as the Website and Application does not have the capacity to block copying photographs from the Website and the Application.
§9 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 helps 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). The European ODR platform provides a single point of access for consumers and traders to resolve out-of-court 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
- Using out-of-court complaint assertion and redress is voluntary and may only take place if both parties to the dispute, i.e. the Internet Platform and the Customer express their consent.
§10 Provisions Regarding Entrepreneurs
- The regulations and provisions of paragraph 10 shall apply to Users only.
- The Internet Platform and the Application informs that it excludes any liability under the product/service warranty towards a User who is not a consumer within the meaning of Article 558 § 1 of the Civil Code.
- The liability of the Internet Platform within a single claim, as well as for all claims in total shall be limited to 1 PLN net. The Internet Platform 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 Platform or Application and a User who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Internet Platform and the Application.
§11 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. Any disputes related to the services provided by the Owner (helphoo) within the Internet Platform and the Application shall be settled by the competent Polish common courts. A User, who is a consumer, has the possibility to seek an out-of-court settlement of the dispute and to assert his or her claims before the Permanent Consumer Arbitration Court at the Voivodeship Trade Inspection Authority in Warsaw. Information regarding the method of accessing the dispute resolution procedures mentioned above are available at the following address http://www.uokik.gov.plin the “Settlement of Consumer Disputes” tab. The User classified as a consumer shall also have the possibility to use the EU online ODR platform, available at the following address: http://ec.europa.eu/consumers/odr/.
- The owner (helphoo) honours all rights of the Users provided for in the applicable laws of the Republic of Poland.
- 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.
- The Owner (helphoo) of the Platform, as the Data Controller of personal data, hereby informs you that:
a. the data is always provided voluntarily, however it is necessary for the provision of electronic services; the person providing his or her personal data has an unlimited right of access to all the contents of his or her data and to request their rectification, deletion (the right to be forgotten), restriction of processing, right to data portability, right to withdraw consent/consents at any time without affecting the lawfulness of processing, however, the data may be provided to the competent national authorities in cases required by the applicable laws.
b. The legal basis for the personal data processing is Article 6, item 1(a) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the 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/EC (General Data Protection Regulation) - GDPR;
c. the personal data shall be stored and processed for the period necessary to complete the processing and to execute the order, but not longer than 3 years (2 years is the complaint period and 1 year for any other claims and emergency situations).
d. person providing his/her personal data has the right to lodge a complaint with the Personal Data Protection Office if he/she believes that the processing of his/her personal data concerning the execution of the order violates the provisions of the General Regulation on Personal Data Protection of 27 April 2016;”
- With regards to the processing of personal data on this Platform and in the Application, the European Commission has not adopted an adequate level of protection, but such data shall be adequately protected by IT/legal solutions and measures.
- User data will be protected automatically, including in the form of profiling - in the event of processing complaint.
- The User shall not store, use or otherwise process personal data of other persons involved in the provision of services for purposes other than the use of the services offered on the Platform and in the Application and only in accordance with these Terms and Conditions.
- The local legal regulations applicable to the Owner’s (helphoo) registered office shall apply to any issues not regulated by the provisions of these Terms and Conditions.
- The Owner (helphoo) of the Internet Platform and the Application reserves the right to introduce changes to the Terms and Conditions for important reasons, i.e. in the case of:
a) changes in the legal regulations;
b) changes in the manner of providing services by electronic means covered by the Terms and Conditions,
c) changes to Platform and Application data, including e-mail address and telephone number.
- Changes to the Terms and Conditions shall not affect the Services already provided or completed, which shall be governed by the Terms and Conditions applicable upon accessing the Platform and the Application. The Internet platform and the Application shall provide an information about a planned change at least 14 days in advance. In the event of non-acceptance of the amended regulations, the Users shall have the right to terminate the agreement with immediate effect.
- The amended Regulations shall remain binding to the Users if the requirements specified in Article 384 of the Civil Code have been observed (i.e. the User has been adequately notified of the changes).
- Any disputes arising as a result of the provision of services under these Regulations shall be taken to a common court of law with jurisdiction over the registered office of the Owner (helphoo), in accordance with the applicable provisions of the Polish law.
- The Appendices to the Terms and Conditions are an integral component thereof.
- The users of the aforementioned Platform can access these Terms and Conditions any time, using the link placed on the main site of the Platform and the Application, as well as to download and print the document. Commercial use requires the consent of the Owner (helphoo) of the Website and the Application.
The Terms and Conditions shall become effective on 23.10.2020.