Terms and Conditions of providing My account service under Envelo

Terms and Conditions
of providing My account service under Envelo
§1
DEFINITIONS
BOK PPUC:
Service Provider's Customer Service Office in Warsaw, ul. Stanisława Żaryna 2 C, 02-593
Warsaw. BOK PPUC may be reached by phone: 801 500 200 or an e-mail to [email protected]
User Data:
any and all text or graphical data or pictures, including also personal data, which the User
enters when using the Service.
Envelo:
Internet platform, in the form of an organized ICT system, which is operated and
maintained by the Service Provider and may be accessed by going to http://envelo.pl/
My account:
an individual interactive account kept by the Service Provider for the User under a unique
name [login], in which the information on the User's actions taken within the Envelo
platform is stored and which gives the User the opportunity – after logging in – to use the
functionalities provided by My account.
Consumer:
User which is a consumer within the meaning of Article 22 (1) of the Civil Code.
Entrepreneur:
User which has the status of an entrepreneur within the meaning of the relevant prevailing
regulations.
Terms and Conditions
(Terms):
these Terms with all the attachments.
Registration:
a procedure of creating My account described in paragraph 3 of the Terms.
IT System:
an ICT system used by the User to provide the Service, which includes in particular the
computer hardware, servers and peripheral devices.
Agreement:
an agreement to use the Service.
Service:
a service provided electronically to the User by the Service Provider, which consists in
providing the User with access to My account with all its functionalities. Service is
provided only on the territory of the Republic of Poland, i.e. only the natural persons –
Consumers residing in Poland or Entrepreneurs with their registered office in Poland may
be the Users of My account. The Service Provider advises that depending on selection
made by the User on the stage of registration of My account, certain functionalities
Spółka Poczta Polska Usługi Cyfrowe Sp. z o.o. z siedzibą w Warszawie przy ul. Żaryna 2 C, 02-593 Warszawa,
zarejestrowana przez Sąd Rejonowy dla m.st. Warszawy,
XIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod nr KRS 0000425263,
NIP 525-25-33-454, o kapitale zakładowym 11 000 000 zł (w całości wpłaconym)
Strona 1 z 9
available under the Service may differ for a User which is a Consumer and a User which is
an Entrepreneur.
Service Provider:
Poczta Polska Usługi Cyfrowe Sp. z o.o. with its registered office in Warsaw, ul. Stanisława
Żaryna 2 C, 02-593 Warsaw, entered in the Business Register kept by the District Court for
the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court
Register under file no. KRS 0000425263, share capital of PLN 11,000,000.00, NIP: 525-2533-454.
User:
natural person or legal entity (represented by the duly authorized person) having full
capacity to perform legal actions. In case of natural persons without capacity to perform
legal actions or natural persons with limited capacity to perform legal actions, the User
should be properly represented by his/her legal guardian or act with the consent of such
legal guardian. The User may use the Service in his/her/its own name, and if the Service is
used in the name of a third party, it will be necessary to obtain a proper authorization in
that regard. The User may use the Service as a Consumer or Entrepreneur. To that effect,
when using the Service the User will be asked to state his/her/its status.
§2
INTRODUCTION
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
2.7.
Pursuant to Article 8 sec. 1 item 1 of the Act of 18 July 2002 on Electronic Provision of Services (Journal
of Laws no. 144, item 1204, as amended), Poczta Polska Usługi Cyfrowe Sp. z o.o. with its registered
office in Warsaw hereby determines these Terms for electronic provision of services.
The Terms define the terms and conditions for the Users to use the Service.
Everyone has the right to familiarize himself/herself/itself with the content of the Terms The content
of the Terms may be printed, downloaded and multiplied using any technique and recorded on any
carrier.
The Terms will be provided prior to conclusion of the Agreement in the form allowing their recording,
storage and retrieval.
The Terms may be browsed and downloaded from the Envelo platform at
http://www.envelo.pl/en/terms-and-conditions.html , "Terms and Conditions" tab. In addition,
upon User's request, the Service Provider will send the User the copy of the Terms in the electronic
form to the e-mail address specified by the User.
The Service is available free-of-charge.
Usage of the Service is voluntary.
§3
CONCLUSION OF THE AGREEMENT
3.1.
The Agreement to provide the Service is concluded according to the procedure described in this
chapter of the Terms.
Spółka Poczta Polska Usługi Cyfrowe Sp. z o.o. z siedzibą w Warszawie przy ul. Żaryna 2 C, 02-593 Warszawa,
zarejestrowana przez Sąd Rejonowy dla m.st. Warszawy,
XIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod nr KRS 0000425263,
NIP 525-25-33-454, o kapitale zakładowym 11 000 000 zł (w całości wpłaconym)
Strona 2 z 9
3.2.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
In order to conclude the Agreement, the User will have to complete Registration by filling out the
electronic
registration
form
posted
by
the
Service
Provider
at
https://www.envelo.pl/fetools/app/open/customer/register.jspx?request_locale=en_EN
During Registration, the User is obligated to check the appropriate interactive fields of the registration
form and enter in the relevant fields of the registration form the basic data necessary for provision of
the Service to the User, in particular full name and contact details (e-mail address/phone no., address).
The Agreement will be concluded with the User when the following conditions are jointly met:
3.4.1. the User correctly fills out the fields of the registration form necessary for the Service
Provider to correctly perform the Service;
3.4.2. the User accepts the content of the Terms through checking the checkbox on the Service
registration form;
3.4.3. My account is activated by clicking on the activation link sent to the e-mail address provided
by the User.
Joint fulfillment of the conditions mentioned in item 3.4. above results in conclusion of the Agreement
between the User and the Service Provider, whose subject matter includes free-of-charge provision of
the Service to the User. Conclusion of the Agreement takes place upon fulfillment of the
aforementioned conditions.
User's acceptance of the Terms in the manner described in item 3.4.2. above also means that the User
represents that:
3.6.1. he/she/it has familiarized himself/herself/itself with the Terms and accepts all of their
provisions without reservations,
3.6.2. he/she/it has acceded to the Agreement voluntarily,
3.6.3. the data included on the Service form are consistent with the actual state of affairs and
correct.
If the Terms are not accepted, it will not be possible to conclude the Agreement.
The content of the Agreement with the User is comprised of the Terms and the registration form filled
out by the User.
The Agreement is concluded for an indefinite term and the Service Provider does not define the
minimum term for which the Agreement may be concluded.
§4
FUNCTIONALITIES AVAILABLE IN MY ACCOUNT
4.1.
The Service Provider provides the registered User with access to the Service and, in that respect, it
provides the User with the appropriate technical infrastructure and the computing power of the
Envelo platform.
4.2.
As part of My account, the registered User may use the following functionalities: Address book,
Gallery, Calendar, Archive, My projects.
4.3.
After logging in to My account, by using the functionalities described in item 4.2 above, the User may
enjoy easier and quicker use of specific services available on Envelo. Terms and conditions of each of
the services referred to in the previous sentence are included in separate terms and conditions.
§5
Spółka Poczta Polska Usługi Cyfrowe Sp. z o.o. z siedzibą w Warszawie przy ul. Żaryna 2 C, 02-593 Warszawa,
zarejestrowana przez Sąd Rejonowy dla m.st. Warszawy,
XIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod nr KRS 0000425263,
NIP 525-25-33-454, o kapitale zakładowym 11 000 000 zł (w całości wpłaconym)
Strona 3 z 9
TECHNICAL REQUIREMENTS
5.1.
In order to use the Service, the User must have Internet access with a correctly functioning and
configured browser through which web pages may be accessed, e-mail address as well as other
software required by the Service, including in particular Adobe Reader software (preferably the latest
version).
The service is available at the following web browsers:
• Microsoft Internet Explorer version 8.x or higher
• Mozilla Firefox version 3.6 or higher,
• Google Chrome version 13.X or higher
• Opera version 10.X or higher
• Safari version 5.x or higher.
5.2.
In order to achieve full capacity of certain functionalities of the Service, the User may be required to
enable the SSL cryptographic protocol which provides communication security over the Internet, Java,
Java Script, Flash and Cookies.
5.3.
Usage of certain functionalities of the Service may require fulfillment of additional conditions, about
which the User will be informed before using them.
5.4.
Service Provider is not liable for loss of User's contents or data, which cannot be attributed to the
Service Provider and which has been caused by failure of hardware or system or other circumstances
which are beyond the Service Provider's control but are associated with the User's hardware.
5.5.
Service Provider is not liable for technical problems or technical limitations of hardware, ICT system or
telecommunication infrastructure used by the User, which make it impossible or difficult for the User
to use the Service.
§6
RIGHT AND DUTIES OF THE USER
6.1.
6.2.
6.3.
6.4.
6.5.
Registration and setting up of My account is voluntary.
The User may have only one My account on the Envelo platform. The User may delete My account at
any time without stating the reason.
When using the Service, the User is obligated to each time provide correct data. The data should be
accurate, up-to-date and cannot be misleading. This is the requirement which must be met by the
Service Provider in order to ensure that the Service will be provided correctly.
As part of the Service, the User has the right to access his/her/its data (User Data). He/she/it may
modify or update them. Rules of personal data processing are regulated in the document entitled
Privacy Policy which is posted on http://www.envelo.pl/en/privacy-policy.html as well as on Envelo's main
website.
The User covenants to comply with the provisions of the Terms. The Service should be used in
accordance with its intended manner of usage.
Spółka Poczta Polska Usługi Cyfrowe Sp. z o.o. z siedzibą w Warszawie przy ul. Żaryna 2 C, 02-593 Warszawa,
zarejestrowana przez Sąd Rejonowy dla m.st. Warszawy,
XIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod nr KRS 0000425263,
NIP 525-25-33-454, o kapitale zakładowym 11 000 000 zł (w całości wpłaconym)
Strona 4 z 9
6.6.
6.7.
6.8.
6.9.
When using the Service, the User should observe the law, good practices and principles of social
coexistence, and should not breach the rights of third parties.
The Service Provider recommends that the User contributes to Envelo's correct functioning by
notifying it about each and every instance of suspected breach, actual breach and gaining
unauthorized access to Envelo, which is known to the User.
The User cannot transfer to third parties the rights and duties which it gained on the basis of the
Agreement.
Terms and conditions of termination of the Agreement by the User are described in § 10 of the Terms.
§7
ILLEGAL ACTIVITIES
7.1.
As part of the Service provided by the Service Provider, the User is forbidden from delivering illegal
contents. In particular, no person may introduce or store – whilst using the Service – any materials
which breach the provisions of law, good practices or rights of third parties. Specifically, the User must
not use the Service to introduce or process any materials or contents:
7.1.1.
7.2.
which breach the law, the principles of social coexistence or good practices, including
pornographic materials, racist contents, or materials whose contents are commonly
considered obscene or offensive;
7.1.2. which breach or may breach the rights of third parties, in particular proprietary copyrights or
personal copyrights, company secret, industrial property rights, image rights or other
personal goods of third parties, including the Service Provider or other Users;
7.1.3. which breach or may breach the rights to trademarks, geographic signs, company signs, rights
to business name or any other protected designations of origin of goods or services;
The Users are forbidden from using the Service for purposes contradictory to the provisions of law,
rules of social coexistence, good practices and the commonly accepted rules of conduct (including the
principles of netiquette).
§8
RIGHT AND DUTIES OF THE SERVICE PROVIDER
8.1
8.2
8.3
8.4
The Service Provider provides the Users – as part of BOK PPUC – with technical assistance related to
the Service.
The Service Provider ensures availability of the Service and its functionalities, including technical
assistance, and it also oversees the correct usage of the Service by the individual Users.
The Service Provider has the right to temporarily suspend the operation of the Service, its selected
functionalities as well as the entire Envelo to perform maintenance, repairs or technical inspections. In
such case Provider will make all efforts to ensure that suspension of Envelo’s operations lasts no longer
than 5 business days. The User will be informed about the aforementioned suspension of Service
properly in advance via email messages.
The Service Provider has the right to temporarily suspend the operation of the Service, My account and
the selected functionalities of My account or the entire Envelo platform in case of occurrence of
technical failure, about which fact the User will be informed via message displayed on Envelo's main
page or after logging in to My account. Suspension of operation of My account, its functionalities or
Spółka Poczta Polska Usługi Cyfrowe Sp. z o.o. z siedzibą w Warszawie przy ul. Żaryna 2 C, 02-593 Warszawa,
zarejestrowana przez Sąd Rejonowy dla m.st. Warszawy,
XIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod nr KRS 0000425263,
NIP 525-25-33-454, o kapitale zakładowym 11 000 000 zł (w całości wpłaconym)
Strona 5 z 9
the entire Envelo should not last longer than 10 business days, and if the failure has significant
consequences, the Service Provider will make all efforts to ensure that suspension of Envelo's
operation lasts no longer than 10 consecutive business days.
§9
SERVICES PROVIDED TO THE USER BY BOK PPUC
9.1
9.2
Service Provider provides the User with access to BOK PPUC on business ays between 8 am and 8 pm
at phone no. 801 500 200 and via e-mail at [email protected]
The User may contact BOK PPUC to report technical problems, questions and doubts related to
operation of the Service, My account or Envelo. Each User, when contacting BOK PPUC, should provide
his/her/its contact details and precisely describe the problem.
§ 10
TERMINATION OF THE AGREEMENT
10.1
10.2
10.3
10.4
The User may terminate the Agreement without stating the reason with a 30-day termination notice
period.
Service Provider may terminate the Agreement with a 30-day termination notice period for the
following reasons:
10.2.1 Service Provider makes a decision to discontinue to provide the Service,
10.2.2 Service Provider makes a decision to discontinue its operations, which results from podjęcia
przez Usługodawcę decyzji o całkowitym zaprzestaniu prowadzenia działalności,Service
Provider's decision to change its line of business entirely or in part,
10.2.3 User's breach of any of the provisions of the Agreement,
10.2.4 User's breach of any of the provisions of the Terms,
10.2.5 Service Provider ascertains that User's activities amount to breach of law or rights of third
parties or may result in such breach,
10.2.6 Service Provider ascertains that the User engages in activities breaching or threatening the
security of the IT System,
10.2.7 the User engages in activities which breach or may breach the Service Provider's reputation or
good name,
10.2.8 for other important reasons.
Upon termination of the Agreement, the User will lose access to all the User Data, and all the User
Data previously entered by the User will be deleted.
The Service Provider advises that the subject matter of My account Service does not include making
backup copies of User Data. Accordingly, the User should have his/her/its own backup copy of User
Data.
§ 11
INTELLECTUAL PROPERTY
Spółka Poczta Polska Usługi Cyfrowe Sp. z o.o. z siedzibą w Warszawie przy ul. Żaryna 2 C, 02-593 Warszawa,
zarejestrowana przez Sąd Rejonowy dla m.st. Warszawy,
XIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod nr KRS 0000425263,
NIP 525-25-33-454, o kapitale zakładowym 11 000 000 zł (w całości wpłaconym)
Strona 6 z 9
11.1
Any and all intellectual property rights associated with providing the Service, in particular rights to
graphic elements, logotypes, illustrations, pictures, website layout, website contents, concepts of
activities, technical solutions, functionalities, software, databases, software documentation – are the
sole property of the Service Provider or the entities collaborating with the Service Provider, including
the entities from the Poczta Polska S.A. capital group.
11.2
It is forbidden to transfer, resell, modify, copy or provide for commercial purposes any materials which
may be obtained under the Service or Envelo.
Any and all intellectual property rights associated with providing the Service, in particular right to
graphic elements of neocard, neostamp, neoletter and Envelo, logotypes, illustrations, pictures,
website layout, website contents, concepts of activities, technical solutions, functionalities, software,
databases, software documentation – are the property of the Service Provider or the entities
collaborating with the Service Provider, including the entities from the Poczta Polska S.A. capital group.
The Service Provider grants to the User the non-exclusive license to use the software related to the
Service, in the scope necessary to use the Service.
The User represents that he/she/it has the relevant authorizations concerning the contents posted and
stored by him/her/it whilst using the Service, in particular he/she/it remains in compliance with the
proprietary copyrights and neighboring rights within the meaning of the Act of 4 February 1994 on
Copyrights and Neighboring Rights (Journal of Laws of 1994 no. 24, item 83) and the industrial property
rights within the meaning of the Act of 30 June 2000 entitled Industrial Property Law (Journal of Laws
of 2001 no. 49, item 508).
11.3
11.4
11.5
§ 12
FORCE MAJEURE, GOVERNING LAW AND COURT WITH RELEVANT JURISDICTION
12.1
12.2
12.3
12.4
Neither the Service Provider nor the User will be liable for delay in performance, non-performance or
inadequate performance of the Service which has resulted from a force majeure event.
The governing law within the meaning of these Terms is the Polish law.
Any disputes which may result from provision of the Service will be resolved by common courts with
general jurisdiction.
Provisions of the Civil Code will apply to the matters not governed by the Terms.
§ 13
LIABILITY
13.1
13.2
13.3
As part of the provided Service, the Service Provider does not create, verify or in any way change any
data entered by the User. This applies in particular to the above-specified User Data as well as any and
all effects gained by the User in the course of usage of the functionalities available under the Service.
The User is exclusively and fully liable for the contents of the User Data entered by him/her/it and the
consequences of using them.
In the light of the Act of 18 July 2002 on Electronic Provision of Services, the Service Provider is not the
initiator of the transfer of User Data which takes place in connection with gaining the access to the
Services and using them, it does not choose the recipients of User Data and it does not choose or
modify the User Data (host). This means that the Service Provider will provide only the technical
Spółka Poczta Polska Usługi Cyfrowe Sp. z o.o. z siedzibą w Warszawie przy ul. Żaryna 2 C, 02-593 Warszawa,
zarejestrowana przez Sąd Rejonowy dla m.st. Warszawy,
XIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod nr KRS 0000425263,
NIP 525-25-33-454, o kapitale zakładowym 11 000 000 zł (w całości wpłaconym)
Strona 7 z 9
resources, i.e. the possibility of accessing the Service, and the User will make a decision as to whether
it will use them or not. Service Provider does not monitor the content of User Data.
§ 14
COMPLAINTS
The User has the right to submit complaints concerning the provision of the Service by the Service Provider.
14.1
14.2
14.3
14.4
14.5
The complaint should contain the User's details and description of the problem.
The complaint should be sent to the Service Provider to the following e-mail address: [email protected]
or mailed to the following address: ul. Stanisława Żaryna 2 C, 02-593 Warsaw.
Complaints will be examined in the order in which they are received by the Service Provider.
The Service Provider will examine the complaint within 14 business days from its receipt.
Immediately after examining the complaint, the Service Provider will send to the User a response to
the complaint. The response will be sent to the e-mail address or the mailing address specified by the
User in the complaint. If the complaint does not contain the User's address to which the response is to
be sent, the response will be left in the Service Provider's office for the User to pick it up.
§ 15
CHANGE OF TERMS
15.1
15.2
The Service Provider will have the right to change the provisions of the Terms for any of the following
important reasons:
15.1.1 the need to adjust the Terms to the regulations, in particular the new (amended) provisions of
law;
15.1.2 the need to adjust the Service Provider's activity to recommendations
(orders/verdicts/resolutions/guidelines) or decisions of the authorized state administration or
local government authority or the court ruling
15.1.3 change of the data of the entities described in the Terms (e.g. number of entry in the National
Court Register (KRS), address, etc.) or change of the entities named in the Terms;
15.1.4 introduction of new services or change of the method of providing the Service;
15.1.5 change of technical parameters of the Service;
15.1.6 change of technical conditions of providing the Service (e.g. introduction of new technical
requirements);
15.1.7 emergence or new risks or change of risks associated with using the Service;
15.1.8 the need to adjust the Terms to best practices of providing the Services, including best
practices in the area of protection of User rights.
The Service Provider will announce a change of the Terms by displaying a notification about changes
made to Terms with consolidated version of the Terms in the Envelo platform and when logging in to
Moje konto, and by posting the new version of the Terms (with the indicated changes) in the Envelo
platform. In addition, the notification about changes made to the Terms with the consolidated version
of the Terms will be posted on Envelo's website. It is presumed that the User has expressed consent
for the new content of the Terms if he/she/it does not terminate the Agreement within 14 days from
receipt of the notification of change of Terms.
Spółka Poczta Polska Usługi Cyfrowe Sp. z o.o. z siedzibą w Warszawie przy ul. Żaryna 2 C, 02-593 Warszawa,
zarejestrowana przez Sąd Rejonowy dla m.st. Warszawy,
XIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod nr KRS 0000425263,
NIP 525-25-33-454, o kapitale zakładowym 11 000 000 zł (w całości wpłaconym)
Strona 8 z 9
§ 16
LIMITATIONS RELATED TO PROVISION OF ELECTRONIC SERVICES
16.1
16.2
The User confirms that he/she/it is aware of the fact that using the Service, which is provided
electronically, entails hazards which are associated with transmission of data over the Internet.
When providing the Services, the Service Provider uses the data transmission security measures which
are commonly accepted on the market for services with such properties, and which aim at ensuring
that no unauthorized persons gain access to the data.
§ 17
PERSONAL DATA
17.1.
The administrator of the Users' personal data provided in connection with usage of the Service is the
Service Provider (Poczta Polska Usługi Cyfrowe Sp. z o.o. with its registered office in Warsaw, ul.
Stanisława Żaryna 2 C, 02-593 Warsaw). User's personal data are processed for the purpose of
providing the Service, for the Service Provider's own marketing purposes, for the purpose of explaining
the instance of usage of the Service in contravention with the Terms or the prevailing regulations
(forbidden usage), and for the purpose of examining possible complaints. Provision of data is voluntary
but necessary to provide the Service. The User has the right to access the content of his/her/its data
and correct them. Rules of personal data processing are regulated in the document entitled Privacy
Policy which is posted on http://www.envelo.pl/en/privacy-policy.html as well as on Envelo's main
website.
§ 18
MISCELLANEOUS PROVISIONS
18.1
18.2
18.3
18.4
18.5
On account of its nature, the Service cannot be returned.
The User hereby expresses consent for the Service to be provided to him/her/it immediately after
conclusion of the Agreement, and therefore before elapse of 10-day period for withdrawal from the
Agreement.
Due to the fact that on account of its nature the Service cannot be returned, and due to the fact that
the Service will be provided – with the User's consent – immediately after conclusion of the
Agreement, the User is not entitled to a 10-day period for withdrawal from the Agreement
contemplated in the Act of 2 March 2000 on the Protection of Certain Rights of Consumers and the
Liability for the Damage Caused by a Harmful Product (the exceptions defined in Article 10 sec. 3 items
1 and 5 of that Act apply). This also applies to Printout Service.
The Price List constitutes an integral part of the Terms.
th
These Terms go into effect on 6 of April 2014.
Spółka Poczta Polska Usługi Cyfrowe Sp. z o.o. z siedzibą w Warszawie przy ul. Żaryna 2 C, 02-593 Warszawa,
zarejestrowana przez Sąd Rejonowy dla m.st. Warszawy,
XIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod nr KRS 0000425263,
NIP 525-25-33-454, o kapitale zakładowym 11 000 000 zł (w całości wpłaconym)
Strona 9 z 9