an agreement for provision of Services by electronic means concluded by and between us and a User, the general provisions of which shall constitute these ToS
a free-of-charge service provided by electronic means, through which we notify the Users on its current activity and news by sending them selected and edited content in the form of an electronic letter
a website available in the Internet at the address www.growcode.com
services rendered by electronic means by Conversion pursuant to the ToS through the Platform; we shall render the following Services free of charge: interactive forms available on the Platform websites, Newsletter
these Terms of Service concerning provision of Services through the Platform
an entity with full capacity to perform acts in law, using the Services through the Platform
1. INTRODUCTORY INFORMATION
1.1. Conversion shall provide these ToS to the User on the Platform free of charge prior to the conclusion of the Agreement, as well as – upon his/her request – in a way which enables obtaining, copying and recording the content of the ToS by means of a teleinformatic system used by the User.
1.2. The acceptance of the ToS is essential for using the Platform. If the User failed to read the Terms of Service and refused to accept them, he/she may not use the Services.
1.3. The governing law for liabilities resulting from the Agreements and the ToS shall be the Polish law, with a proviso that this may not deprive a consumer of the protection arising out of applicable legal provisions of the country of habitual residence of the consumer. The Agreements shall be concluded in the English language.
1.4. It shall not be allowed to use the Platform in a way contrary to the provisions of these ToS, applicable legal provisions, good practices or rules of social co-existence. The User shall not be allowed to provide content of unlawful nature.
1.5. We shall not place on the Platform any commercial information or offers filed in an electronic form. In particular, the provisions pertaining to filing an offer in an electronic form shall not apply.
1.6. The User may not publish any elements of the Platform, as well as materials provided on the Platform, to which he/she does not hold right, without our consent or our authorized persons. Users shall not have the right to record and copy the Platform on any storage carrier.
2. GENERAL TERMS AND CONDITIONS OF PROVISION OF SERVICES
2.2. The User may terminate each of the Agreements for provision of Services by electronic means at any time without providing reasons, in the manner as specified here or in further provisions of the ToS. The Agreements for provision of Services by electronic means which consist in using functionalities of forms shall be concluded for a limited time and shall dissolve upon sending the content of a form to us or stopping using them. The User may resign from the Services in the form of interactive forms through refraining from using such Services.
2.3. If the Service requires providing data, including personal data, then we shall mark the data necessary for performance of the Services and fields which shall be mandatory filled with such data.
2.4. It is recommended that the User uses software which provides for protection of the equipment and operating system against malware and unsolicited operations of third parties.
4.1. Conversion shall provide teleinformatic infrastructure and ensure its smooth technical operation, what shall constitute the scope of its liability for the Platform and the Services.
4.2. The User shall have the right to file a complaint concerning operation of the Platform. The complaint should include at least details enabling identification of the User (first and last name, address for correspondence) and state reservations and comments concerning the Platform or the Services. The complaint shall be sent to the e-mail address email@example.com or to the address of the registered office of Conversion as stated at the beginning. If the complaint needs to be complemented, then we shall request the complaining person to make the complaint more specific.
4.3. We shall take a stance towards the complaint within 14 (fourteen) days from the receipt of such complaint if it had been filed correctly. The User shall receive a response at the address, from which the complaint has been sent, or at the address stated in the complaint notification form.
4.4. The User being consumer may take advantage of out-of-court manners of considering complaints or pursuing claims, in particular, he/she may refer to an arbitration court for mediation or settlement or benefit from ODR (http://ec.europa.eu/odr). To this end, a motion for mediation or motion for settling the case before an arbitration court shall be provided to the institution before which the proceedings are to take place. If the User chooses not to use the ADR, any disputes arising out of these ToS or Agreements shall be settled by a common court of general jurisdiction. Any disputes arising between us and the User not being a consumer shall be referred to the court with the local jurisdiction over the registered office of Conversion.
5. FINAL PROVISIONS
5.1. We may amend these ToS due to material reasons, whether legal (amendment of generally applicable law or change of organizational form of Conversion) or technical (modernization of the Plaform or Services, change of the operation manner of the Services). Users shall be notified on any amendment to these ToS along with the reasons of such change:
a. via e-mail, 7 (seven) days before the new ToS come into effect. During this time, the User should accept the new provisions of the ToS or refuse to accept them and terminate the Agreement.
b. by a message which shall be displayed on the homepage of the Platform 7 (seven) days before the amended ToS come into effect.
5.2. The User shall accept anew or refuse to accept the provisions of the ToS. Lack of acceptance of the amended ToS shall mean resignation from the Services.
5.3. With regard to the Agreements concluded between us and the Users not being consumers, we shall be held liable only in the case of causing intentional damage and to the extent of damage actually incurred by the User not being consumer.
5.5. These Terms of Service shall be effective as of: 01.10.2017