Whenever the below capitalised terms are used herein, they shall be understood as follows:
- Agreement – an e-service agreement concluded between Stepwise and the User on terms laid down in the Regulations;
- Consumer – a natural person, performing with an entrepreneur a legal act unrelated directly to such person’s business or professional activity, who uses the Website;
- Cut-Off – temporary discontinuation of the operation of the Website or of its particular webpages or functions, required for technical reasons e.g. in connection with maintenance, retrofits or repairs of the Website;
- Force Majeure – any external event of an extraordinary or random nature beyond control of Stepwise and of the User or which cannot be prevented by them, including riots, strikes, armed conflicts, states of emergency or natural disasters;
- GDPR – the Regulation 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);
- Personal Data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name and surname, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, i.e. specific data of the Website’s Users required for the proper performance of the Newsletter;
- Processing – any operations performed on the Personal Data, such as collecting, recording, storing, structuring, altering, sharing and erasing, especially the ones performed in any IT systems;
- Regulations – these rules applicable to the stepwise.pl website;
- Services – the services, specified in the Regulations, provided by Stepwise for the Users via the Website;
- Stepwise – Stepwise sp. z o. o. with registered office in Warszawa, ul. Plac Bankowy 2, 00-095 Warszawa, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Warszawa in Warszawa, XII Commercial Division of the National Court Register, under entry No. KRS: 0000635325, Tax Id. No. (NIP): 5252678052, the share capital of PLN 6,000.00;
- User – the user who uses the Website;
- Website – the website run by Stepwise under the URL address stepwise.pl.
- The Regulations specify terms of providing the Services, in particular rules for the Website’s operation, procedures and terms of concluding the Agreements and terms of access to the Website’s content and use thereof.
- Stepwise shall provide the Services and conclude the Agreements in English.
- To use the Website, it is necessary to accept the Regulations and satisfy the requirements laid down herein.
- Stepwise shall render the Services both for the Consumers and for entrepreneurs.
TECHNICAL REQUIREMENTS AND RULES FOR USE OF THE WEBSITE
- In order to use the Website, the User shall have the following:
– a computer or mobile device (e.g. smartphone, tablet) connected to the Internet and with software allowing for access to the Website;
- Stepwise has the right to introduce the Cut-Off. Stepwise shall inform the User of any planned Cut-Offs that might affect the normal use of the Website by posting information about the planned Cut-Off on the Website.
- In case of the Website’s failure, Stepwise shall apply best efforts to promptly restore the Website’s functionalities.
- Via the Website, Stepwise shall render the following Services for the Users:
– making the content of the Service available at the request of the User;
– providing the newsletter.
The Services provided for the Users by Stepwise are free of charge.
- The User may view the Website’s content and use its functionalities at any time, subject to Par. 3.2 hereof.
- Using the Services does not require registration on the Website.
- The User is obliged in particular to:
– provide to the Stepwise only true, current and all necessary User’s data (the newsletter);
– immediately update the data provided to the Stepwise in connection with the conclusion of the Newsletter Agreement;
– use the Services offered by the Stepwise in a manner consistent with the provisions of applicable law and without prejudice to the rights of third parties, in accordance with the provisions of this Regulations, as well as the customs and rules of social coexistence adopted in this regard, in particular, not to provide illegal content.
THE NEWSLETTER & CONCLUSION AND EXPIRY OF THE AGREEMENTS
- The condition for concluding the Newsletter Agreement is to provide a valid e-mail address and accept the following consents.
- The Newsletter is provided at the request of the User after the conclusion of the Agreement and includes commercial information concerning the Stepwise’s products and services and technological information.
- To use the Newsletter, the User must:
– provide a valid e-mail address;
– agree to the processing of Personal Data (e-mail address) by ticking the checkbox;
– agree to receive commercial information electronically by ticking the checkbox;
– accept the provisions of this Regulations by ticking the checkbox.
- The Newsletter is provided for an indefinite period of time.
- The Newsletter Agreement is concluded upon acceptance of the Regulations and receipt and confirmation of the link confirming subscription to the Newsletter.
- The User may unsubscribe from the Newsletter at any time, without giving any reason, by sending an e-mail to Stepwise or clicking on the link contained in each e-mail address under the words “Cancel subscription”.
- The contract for the provision of Services reffered to Par. 4.1.1) between the Stepwise and the User is concluded at the beginning of browsing the content of the Website by the User and expires at the moment of ending the use of the Website.
- Stepwise shall not be liable for:
– the non-performance or undue performance of the Agreement if this has been caused by the Force Majeure;
– the non-performance or undue performance of any obligations under the Agreement to the extent caused by the non-performance of any obligations by the User, including but not limited to the use of the Website contrary to its purpose;
– any content posted on the Website by the Users, including for any breach of rights of third parties (including copyrights and author’s moral rights) in connection with such content.
- The liability limitations referred to herein shall not apply to the Users who are the Consumers to the extent prescribed by mandatory applicable laws.
PERSONAL DATA AND INFORMATION CLAUSE
- Stepwise shall be the controller of the Personal Data.
- A complaint concerning the Newsletter may be filed by electronic means via the Website, by e-mail to the address: [email protected] or in writing to the address: Stepwise sp. z o.o., ul. Plac Bankowy 2, 00-095 Warszawa.
- The complaint should include a name and surname, e-mail address and description of a case in question.
- Stepwise is obliged to reply to the complaint within 14 days as of its receipt. In case of the Consumers, Stepwise shall provide the User with a reply to the complaint in writing or saved on another durable medium.
OUT-OF-COURT DISPUTE RESOLUTION
- Having exhausted the complaint procedure, the Consumer has the right to resort to out-of-court procedures for complaint resolution and pursuit of claims. The Consumer:
– has the right to file a request to the Consumer Court of Arbitration by the Trade Inspection to settle a dispute under the Agreement;
– has the right to file a request to the Regional Inspector by the Trade Inspection to instigate mediation proceedings to amicably settle a dispute between the Consumer and Stepwise;
- can receive gratuitous assistance as regards the resolution of a dispute between the Consumer and Stepwise, enlisting also the assistance of a local (municipal) consumer ombudsman or a public organisation that has consumer protection in its statutory obligations (e.g. the Consumers’ Association, the Polish Consumers’ Association). The Consumers’ Association provides advice under a gratuitous consumer hotline number 801 440 220 and 22 290 89 16, while the Polish Consumers’ Association may be consulted via e-mail at the address: [email protected].
- The list of institutions dealing with out-of-court resolution of consumer disputes, together with a list of the types of relevant cases, may be consulted on the website of the Office of Competition and Consumer Protection at the address www.uokik.gov.pl.
- The Consumer may use out-of-court procedures for complaint resolution and pursuit of claims also via the ODR platform, in compliance 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). When wishing to exercise an option of the out-of-court dispute resolution for online purchases, the Consumer may file a complaint via the ODR, i.e. the EU online platform available at the address: https://ec.europa.eu/consumers/odr/. The ODR platform shall facilitate the independent, impartial, transparent, effective, fast and fair out-of-court resolution of disputes between consumers and traders online concerning contractual obligations stemming from online sales or service contracts between a consumer resident in the Union and a trader established in the Union.
- Given that the out-of-court procedures for complaint resolution and pursuit of claims are voluntary, both parties must agree thereto.
INTELLECTUAL PROPERTY RIGHTS
- The User may not provide through the Website illegal content that violates the rules of social coexistence or morality, including, in particular, content of an offensive, pornographic, hateful, vulgar, false, misleading, containing viruses or malicious software, or violating the rights of third parties, good manners or false information detrimental to the good name of the Stepwise.
- Copying reprinting or using in any scope the materials or data available on the Website requires each time the written consent of the Stepwise. In particular, it is prohibited to download, process and use the data and other information available on the Website in order to make it further available on other websites and portals, as well as outside the Internet, and in any other way violating the interest of the Stepwise.
- As any other Internet user, the User is exposed to online threats. The main threat for each Internet user involves potential infection of their ICT system with software created mainly with a view to causing harm such as viruses, bugs or Trojans. In order to avoid the relevant threats, including the ones appearing at the moment of opening e-mails, the Users are recommended to install on their computers used online to connect with the Website anti-virus software and firewall, and update them on an ongoing basis.
- Further, Stepwise informs the Users that specific threats related to the use of the Website involve actions by hackers aiming at hacking both Stepwise’s system (e.g. attacks on its sites) and the User’s system.
- Stepwise informs the Users that it applies cutting-edge protection technologies to mitigate the risks referred to in Par. 11.1-2; however, it needs to be emphasised that there are no solutions available that would completely and fully protect against the described adverse actions.
AMENDMENTS TO THE REGULATIONS
- Stepwise reserves the right to amend the Regulations in justified cases, and in particular in the case of:
– a change in technical conditions of the Website’s operation, including the ones related to technical or technological progress;
– decisions or judgments affecting or potentially affecting the Regulations or the Website’s operation issued by competent public bodies;
– the Force Majeure;
– formal or organisational changes at Stepwise with a bearing on the Website’s operation.
- Stepwise shall inform the User of any amendments to the Regulations and the scope thereof by placing the consolidated text of the Regulations on the Website. The amendment to the Regulations shall enter into force upon the lapse of 14 days from the date of posting the text of Regulations on the Website. If the User does not agree to the amendment of the Regulations, the User may resign from the Services in compliance with Par. 5.6-7 hereof. Any amendment to the Regulations shall not affect the Services rendered prior to the date of its entry into force.
- This Regulations shall apply from 30.11.2020.
- The User may not transfer any rights or obligations under these Regulations to any third parties without Stepwise’s consent.
- The performance of the Regulations and Agreement shall be governed by the Polish law.
- Any disputes under the Regulations or under the Agreements concluded with Stepwise based on the Regulations shall be settled by the Polish court competent for Stepwise’s registered office.
- Par. 13.3-4 shall not apply to the Consumers insofar as this results from mandatory applicable laws.