Polacy Zmieniają Świat

Terms and Conditions

§ 1

The Terms and Conditions of the Service POLES CHANGE THE WORLD are developed by The Economic Security of Poland Foundation. Institute for Dialogue and Legal-Economic Analyses (hereinafter: “Terms and Conditions”). The legal basis for Terms and Conditions is Article 8, par. 1(1) of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2016, item 1030, as amended).

Definitions:

The concepts and terms used herein shall have the meaning as specified below:

Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2016, item 1030, as amended). 

Act of 16 July 2004 on  Telecommunications Law (i.e. Journal of Laws of 2016, item 1489);

GDPR - 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 (so-called General Data Protection Regulation);

Service Provider: The Economic Security of Poland Foundation. Institute for Dialogue and Legal-Economic Analyses, with its seat in Lublin, Fryderyka Chopina 29/9A, 20-023 Lublin, entered into the National Court Register (KRS) under no. 0000591373, maintained by the District Court Lublin-Wschód in Lublin, with its seat in Świdnik, VI Economic Department of the National Court Register, REGON: 363211247, NIP: 7123304184;

(Service) User - an entity using the Service, who is either a natural or a legal person or an organizational unit which is not a legal person, to which legal regulations grant legal capacity, browsing the Service, using it or having an account of a Research Participant or Partner of the Service;

Research Participant - a User who has received an invitation from the Service Provider to cooperate within the Service and the right to edit an individual Profile in the Service;

Partner - a User who received an invitation from the Service Provider to cooperate within the Service framework and was granted the right to edit an individual Profile in the Service;

Ambassador - a User who supports the Service, promotes the project POLES CHANGE THE WORLD in Poland and worldwide;

Member of the Honorary Committee - Supporter of the project POLES CHANGE THE WORLD with his personal brand.

Profile - an Account in the Service containing data, information and materials made available by the User, presented in the form of the Service interface.

Service - an IT system operating on the server under the domain name polacyzmieniajaswiat.pl, made available to the Users, through which the Service Provider provides Services in accordance with the Terms and Regulations and the provisions of applicable law;

ICT system - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks with the use of end devices appropriate for a given type of network, as defined by the Telecommunications Law;

Services - Services provided by the Service Provider for the benefit of the Users without the synchronized presence of the parties, pursuant to the Terms and Conditions and by means of electronic communications, in particular through the contact form and electronic mail;

Service Agreement - an agreement for the provision of Services concluded by the Service Provider and the User via means of electronic communications.

The Terms and Conditions specifies in particular:

types and scope of Services provided electronically in the Service, in particular through the contact form and e-mail;

terms and conditions for the provision of Services by electronic means, including:

(a) technical requirements necessary for the effective use of the Information and Communication System by the User;

(b) a legal prohibition against providing unlawful content by the User;

(c) conditions for concluding and terminating Service Agreements;

(d) the Complaint Procedure.

The User hereby accepts the obligation to observe these Terms and Conditions.

The User is obliged to read the content of these Terms and Conditions prior to using the Service.

By using the Service, the User accepts and agrees to the Terms and Conditions without a separate agreement.

§ 2

To use the Service, the User should have:

(a) an end device (such as computer, tablet or smartphone) with access to the Internet;

(b) a web browser (e.g. Chrome, Firefox, Opera, Internet Explorer, Microsoft Edge);

(c) an e-mail account as a communications channel with the Service.

The Service Provider shall not be liable for interruptions in the operation of the Service resulting from reasons beyond the Service Provider's control.

The Service Provider reserves the right to carry out maintenance work on the ICT System, which may cause temporary difficulties in using the Service.

The User is hereby prohibited from abusing means of electronic communications, and uploading to the Service content which:

(a) can cause disturbance or overload of the Service Provider's ICT System or of entities participating directly or indirectly in the provision of Services;

(b) infringe the personal rights of third parties, generally accepted social standards or generally applicable law.

The Service Provider shall not be liable to third parties for the content illegally made available in the Service by the Users.

§ 3

The Service Provider provides Services to the User within the scope and under the conditions specified in the Terms and Conditions and in individual Service Agreements, if any.

Services provided by the Service Provider by electronic means include in particular:

(a) enabling the Users to browse and read the content of the Service;

(b) setting up accounts for Research Participants and allowing them to access and edit their profiles in the Service in order to share the information provided to the Service Partners for the purpose of establishing potential research and business cooperation;

(c) enabling Research Participants to present personal and image-related information, their scientific achievements and cooperation proposals in planned research and business projects, along with proposed topics for such projects;

(d) setting up Partners' accounts and enabling them to access and edit their profiles in the Service;

(e) enabling the Partners to access the full database of Research Participants and to present their business, display their cooperation proposals for research and business projects and attractive topics for such projects;

(f) promotion of the Service and of the Research Participants, Partners, Ambassadors and Honorary Members cooperating in the Service framework;

(g) browsing Research Participants cooperating in the Service framework and searching for Polish scientists working abroad meeting specific requirements (in particular competences and education background), specified in separate Service Agreements with Partners;

User’s performing any action in the Service equals the conclusion of the Service Agreement, referred to in par. 2(a).

In order for the Service Agreement referred to in paragraph 2(b-c) to have legal effect, it is necessary to invite the User to conclude the Service Agreement by sending an enquiry via the contact form available in the Service or by e-mail, and by marking the appropriate check-boxes in the Service. The User provides the necessary contact details in the contact form enquiry. After receiving the enquiry and verifying the User’s willingness to cooperate in the Service framework as a Research Participant, the Service Provider sends the User a cooperation proposal. The Service Agreement is concluded at the moment of the User’s acceptance of the Service Provider's invitation and his/her acceptance of the Terms and Conditions with the Privacy Policy, by marking the appropriate check box at the first edition of the Profile, within 7 days from receiving the invitation from the Service Provider.

In order for the Service Agreement referred to in paragraph 2(d-e) to have legal effect, it is necessary to invite the User to conclude the Service Agreement by sending an enquiry via the contact form available in the Service, or by e-mail and by marking the appropriate check-boxes in the Service. The User provides the necessary contact details and specify the expected scope of services in the enquiry contact form. After receiving the enquiry and verification of the User’s willingness to cooperate with the Service as a Partner, the Service Provider sends the User a cooperation proposal together with a budget proposal for the Services, corresponding to the scope specified in the enquiry. An individual Service Agreement is concluded when the Parties accept and sign it, and after accepting the invitation of the Service Provider and the first edition of the Profile within 7 days from the day of receiving the invitation from the Service Provider.

The Service Provider shall not receive any remuneration for the performance of the Services referred to in par. 2(a) and (f).

The Service Provider shall perform the Services referred to in par. 2(g) pursuant to the terms specified in the Service Agreement concluded individually with the User.

The User is obliged to cooperate with the Service Provider in the performance of the Service Agreement referred to in par. 2(b-g), in particular to provide information and data necessary for the proper delivery of Services. The Service Provider shall not be liable for damage caused by the User’s failure to provide on time the information and data necessary for the proper delivery of the Services, or for the provision of false, incomplete or unreliable information.

The Research Participant and the Partner, after expressing appropriate consents provided for in the Terms and Conditions of the Service polacyzmieniajaswiat.pl or in separate Service Agreements concluded, and after providing the required information to establish a User’s Profile, receive from the Service Provider an invitation to edit the Profile and to complete the registration and publish their Profiles in the Service.

The Service Agreement referred to in par. 2(a) shall be terminated when the User discontinues to use the Service.

The Service Agreement referred to in par. 2(b-g) shall be terminated at the end of the term for which it was concluded or as a result of unilateral resignation from cooperation with three (3) months' notice, unless specified otherwise in separate Service Agreements.

Resignation from the provision of individual Services may be submitted electronically by e-mail to the address indicated in the Complaint Procedure, par. 4(2).

The rules of cooperation with the Ambassadors are specified in Annex 1 to these Terms and Conditions.

§ 4

The User has the right to file complaints concerning the functioning of the Service and the delivery of the Services provided by the Service Provider.

Complaints should be submitted in writing to the address: Economic Security of Poland Foundation. Institute for Dialogue and Legal-Economic Analyses, Fryderyka Chopina 29/9A, 20-023 Lublin or by e-mail to the following address: polacyzmieniajaswiat@gmail.com.

The complaint should contain the Service User's contact details, in particular the e-mail address or mailing address, as well as the subject matter and justification of the complaint, in particular the allegations and demands of the User. The subject of the message should start with the phrase "COMPLAINT:".

The Service Provider shall consider the complaint within 14 days from its receipt. If the complaint cannot be dealt with within this period, Service Provider shall notify the complainant within this period of the reasons for the delay and the expected date of the effective considering of the complaint. The notification shall be made in a form analogical to the complaint.

Complaints which do not contain the information referred to in par. 3 shall not be considered.

§ 5

Since the Services are provided by electronic means, the Service Provider is entitled to process Users' personal data in the extent necessary to conclude, modify or terminate the Service Agreement(s) and develop and manage the Service-related content. Details of data processing can be found in the Service Privacy Policy.

The scope of personal data entrusted to the Service Provider includes the following data:

name and surname;

mailing address;

email addresses;

telephone number;

image/logo recorded in the form of a photograph/graphics;

information about education background and scientific achievements;

The Service Provider may also process other personal data of the Service Users than those indicated in par. 5(2), on condition they are required for effective performance or financial settlement of a Service Agreement concluded with the User or by the nature or agreed terms of a Service provided to the User.

The provision of personal data by the User is voluntary; however, refusal to provide personal data may result in the impossibility of providing the Services by the Service Provider.

The User has the right to access his/her personal data; in particular to demand their completion, updating, correction, temporary or permanent discontinuation of their processing or their removal, if they are incomplete, outdated, untrue or have been collected in violation of regulations, or are no longer necessary for the realization of the purpose for which they were collected.

In cases specified by law, the User has the right to make a written request or object to the discontinuation of the processing of his/her personal data, to limit the processing, transfer of data, as well as the right to delete the data.

The User hereby acknowledges that pursuant to Article 19 of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2017 item 1219)  the Service Provider is entitled to process the Customer's personal data if they are:

necessary for the financial settlement of a service and for any claims for payment for the use of a service;

necessary to maintain the continuity and integrity of an initiated service provided to the User;

necessary to prove that services resulting from the Terms and Conditions have been provided before the date of termination of claims;

§ 6

The Service Provider is obliged to receive consent to send the User electronically information of a commercial nature to the e-mail address provided by the User.

Commercial information shall be regarded as ordered if the User agrees to receive such information by sending a message to the Service Provider, in particular by providing him/her with an email address that identifies him/her or by ticking the appropriate check-boxes in the Service.

§ 7

In matters not regulated by these Terms and Conditions, the provisions of applicable law, in particular the Civil Code and the Act on Providing Services by Electronic Means shall apply.

  The contents of the Service are subject to protection provided for in the Act of 4 February 1994 on Copyright and Related Rights (i.e. Journal of Laws of 2018, item 1191, as amended). None of the works published in the Service may be reproduced and distributed or further redistributed in whole or in part, in any form and in any way without prior written consent of the Service Provider.

These Terms and Conditions are available in an electronic form in the User’s Service Interface.

These Terms and Conditions are made available to the Users free of charge via the Service in a form that enables its download, saving and print.

The Service Provider reserves the right to introduce changes to the Terms and Conditions in case of changes in legal regulations having a direct impact on the content of these Terms and Conditions or imposing certain obligations on the Service Provider by the competent state administration authorities, changing data or the scope of Services provided by the Service Provider, as well as in effort to improve the operation of the Service.

The Terms and Conditions enter into force on 20 December 2018

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