Thank you for your interest in our application (hereinafter referred to as: ” Application „, ” Parenteo Application „) available on mobile devices with the Android/iOS operating system.
Please read this document carefully. The Regulations define the rules for the use of the Parenteo Application by its service recipients, including the license conditions and the privacy policy of personal data collected and processed within the Application. The Parenteo application is protected by copyright, intellectual property law and other applicable, mandatory legal provisions. The use of the Parenteo Application is possible under the license terms specified below.
The formula of this document assumes the establishment of general principles and conditions of use of the Application. These terms and conditions, if the service recipient decides to use the Parenteo Application, regulate in particular the principles of using the Application, including the issues of our liability.
Please read the regulations
Parenteo Application Team
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GENERAL PROVISIONS
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Parenteo Application is the company PARENTEO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw ( registered office and delivery address: ul. Nowy Świat 33/13, 00-029 Warsaw ), entered into the register of entrepreneurs of the National Court Register under the KRS number: 0001075078; registry court where the company’s documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; share capital in the amount of: PLN 5,000.00; NIP 5252984694, REGON 527205524 (hereinafter referred to as: ” Service Provider „).
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The basic form of ongoing remote communication with the Service Provider is the contact form available on the Application’s website, e-mail (e-mail address: kontakt@parenteo.pl ), through which you can exchange information with the Service Provider regarding the use of the Parenteo Application.
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The Service Provider runs the Parenteo Application and is solely responsible for the proper operation of the Electronic Services and other functionalities of the Application in accordance with the information presented in these Regulations. In addition to the Service Provider, there are also Service Recipients, including Users – who are independent third parties in relation to the Service Provider. Service Recipients may use the Electronic Services provided in the Application, including interacting and communicating with each other, under the terms specified in these Regulations.
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The Regulations are addressed to all Service Users using the Parenteo Application, unless a given provision provides otherwise. The provisions of these Regulations are not intended to exclude or limit any rights of consumers or natural persons referred to in Art. 385[5] of the Civil Code, to which they are entitled under mandatory provisions of law. In the event of inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail.
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Terms used in these Regulations and beginning with a capital letter have the following meanings:
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PARENTEO APPLICATION , APPLICATION – software with elements that are not a computer program within the meaning of the provisions of the Copyright Law, but constitute its integral part, enabling the Service Recipient to use it on a mobile device that meets the requirements set out in these Regulations or from a web browser on the website at: https ://www.parenteo.pl .
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WORKING DAY – one day from Monday to Friday, excluding public holidays.
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CIVIL CODE – Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
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SERVICE RECIPIENT ACCOUNT , ACCOUNT – Electronic Service, marked with an individual e-mail address (e-mail address) and password, a set of resources in the Parenteo Application’s IT system assigned to a given Service Recipient, in which data provided by the Service Recipient and information on his/her activities undertaken within the Application are collected. .
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USER ACCOUNT – a type of Account that enables the use of the functionalities and resources of the Application intended for Users, including maintaining a Parent Profile.
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COPYRIGHT – Act of February 4, 1994 on copyright and related rights (Journal of Laws No. 24, item 83, as amended).
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PLACE PROFILE – public announcement (profile page), whose main purpose is to present the place in accordance with the appropriate categories of places in the Application. Place Profiles are for informational purposes only and do not constitute an offer within the meaning of Art. 66 § 1 of the Civil Code.
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PARENT PROFILE – a public business card (profile page) maintained by the User, which contains data shared about himself or herself by the User in the Application.
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REGULATIONS – these regulations of the Parenteo Application together with the annexes constituting an integral part thereof.
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ELECTRONIC SERVICE – a service provided electronically by the Service Provider to Service Recipients via the Parenteo Application in accordance with these Regulations.
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SERVICE RECIPIENT – anyone who uses or intends to use the Application and its Electronic Services, i.e. (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, (2) a legal person or (3) an organizational unit without legal personality which is granted legal capacity by law.
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SERVICE PROVIDER – PARENTEO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw (registered office address and delivery address: ul. Nowy Świat 33/13, 00-029 Warsaw), entered into the register of entrepreneurs of the National Court Register under KRS number: 0001075078; registry court where the company’s documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; share capital in the amount of: PLN 5,000.00; NIP 5252984694, REGON 527205524.
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CONSUMER RIGHTS ACT – Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
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USER – Service Recipient for whom the use of the Application, including registration of a User Account and maintaining a Parent Profile, is not directly related to his business or professional activity (i.e. who in such a case has the status of a consumer within the meaning of Article 22[1] of the Civil Code) .
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THE ROLE OF THE PARENTEO APPLICATION
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The role of the Parenteo Application is to provide a platform for searching and sharing content useful for parents. The application is addressed primarily to Service Users, combining on the one hand social functionalities addressed to Users – parents or people expecting a child.
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The Service Provider provides tools through the Application thanks to which Service Recipients, depending on the role they play in the Application, can communicate, interact with each other and exchange information or other types of content in accordance with the purpose and subject of the Application, i.e. in order to support parents in their everyday reality.
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The content of the Parenteo Application is for informational purposes only. Although the information available in the Application may have a certain value for a given User and allow him or her to supplement his/her knowledge in the field of parenting, this is usually generalized information that does not take into account the individual circumstances and situation of a given person, including subjective opinions, assessments and views expressed by other Users using the Application. For the above reasons, it is recommended not to treat the Application and the content available therein as the exclusive basis for any decisions made by the User.
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The Parenteo application may contain information about third-party products and services, including links to external applications or websites. Announcements, advertisements, price lists, catalogs and other information about products or services posted in the Application do not constitute a commercial offer within the meaning of Art. 66 § 1 of the Civil Code. In order to make a purchase or use a specific service, you must contact the company directly outside the Application. The Service Provider does not provide Service Users with services other than Electronic Services indicated in these Regulations, and in particular does not mediate or act as a party to any contracts concluded between companies and Users on the basis of their advertisements in the Application. Additionally, the Service Provider encourages the User to read its terms of use and privacy policies each time after switching to another application or website. These Regulations apply only to the Parenteo Application operated by the Service Provider.
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The Parenteo Application Service Provider makes every effort to ensure that the information presented in the Application is up-to-date, reliable and consistent with its best knowledge. However, the Service Provider is not responsible for the outdatedness and unreliability of the content provided by Service Users using the Application, provided that this is not intended to exclude or limit any statutory rights of consumers or natural persons referred to in Art. 385[5] of the Civil Code, especially regarding the Service Provider’s liability for improper performance of the service.
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GENERAL TERMS AND CONDITIONS OF USE OF THE PARENTEO APPLICATION
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The Service Recipient is obliged to use the Parenteo Application in accordance with its subject matter, purpose and these Regulations, in a manner consistent with the law and good practices, taking into account the respect for personal rights, copyrights and intellectual property of the Service Provider, other Service Recipients and third parties. The service recipient is obliged to enter data consistent with the actual situation. The Service Recipient is prohibited from providing unlawful content, including Illegal Content. The Service User is prohibited from using the Application to send unsolicited commercial information (spam). The Service Recipient is also prohibited from taking actions aimed at disrupting the proper functioning of the Application.
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The Service Provider complies with Art. 14 section 1 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2002, No. 144, item 1204, as amended), according to which the Service User is not responsible for the Service User’s data stored in the Application if he is not aware of its illegal nature. these data or activities related to them, and in the event of receiving an official notification or obtaining reliable information about the unlawful nature of the data or activities related to them, it will immediately prevent access to them.
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The use of the Parenteo Application involves standard threats occurring on the Internet. The basic threat to every Internet user, including people using Electronic Services, is the possibility of „infecting” the IT system with various types of software created mainly to cause damage or gain unauthorized access to the Service User’s data. Therefore, in order to avoid related risks, the Service Provider recommends that each Service User keeps the operating system, anti-virus software and other security features of his/her end device up to date.
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The administrator of personal data processed in the Parenteo Application in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy constituting Annex 1 to these Regulations. The privacy policy primarily contains the rules regarding the processing of personal data by the Service Provider in the Application, including the grounds, purposes and period of personal data processing and the rights of data subjects. Using the Application, including making purchases there, is voluntary. Similarly, the provision of personal data by the Service User using the Application is voluntary, subject to the exceptions indicated in the privacy policy (e.g. contractual or statutory obligations of the Service Provider).
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DETAILED TERMS AND CONDITIONS OF USE OF THE PARENTEO APPLICATION
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The Parenteo application is available (i) in a mobile version for download on Google Play and App websites and applications Store .
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The condition for starting to use the Application in the mobile version is to download and install the Application on a device that meets the minimum technical requirements specified in the Regulations.
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Minimum technical requirements necessary to properly use the Application:
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Mobile version: (1) tablet, smartphone or other mobile device with active Internet access; (2) currently supported iOS or Android version; (3) access to e-mail; and (4) recommended screen resolution: 2532×1170 pixels.
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The costs of data transmission when downloading and using the Application are covered by the Service Recipient on their own based on the contract concluded with the entity providing this type of services.
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Using the Parenteo Application is free of charge.
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The Service Recipient may stop using the Application at any time and without giving a reason by uninstalling it or deleting it from his/her device in accordance with the user manual of the given device, provided that deleting the Application from the device is not tantamount to deleting the Service Recipient’s Account.
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FUNCTIONALITIES OF THE PARENTEO APPLICATION, ACCOUNT REGISTRATION
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Any Service Recipient may use the Parenteo Application under the terms specified in the Regulations.
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To use the Application to its full extent, the Service User must have an Account. A Service User who does not have an Account can only view the main login screen of the Application, without access to other functionalities and resources.
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The Electronic Account Service is provided free of charge and for an indefinite period.
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The Account is created after the Service Recipient completes a total of two subsequent steps – (1) completes the interactive Account registration form available on the main screen of the Application after launching it and (2) clicks the ” Register ” field – at this moment the Service Recipient concludes an agreement with the Service Provider. provision of the Account Electronic Service. The registration form requires providing the following data about the Service User: e-mail address and password. The Service Recipient should ensure that the selected password for logging in to the Account is appropriately complex and unique, i.e. in particular it should not be a repetition of the password used by him in other places on the Internet.
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You can also create an account by logging in using your Facebook, Google or Apple ID account login details – the moment you log in for the first time, an Account in the Parenteo Application is created.
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The use of the Account and individual functionalities of the Application may also require the Service User to provide other data – each time, information on the scope of required data is provided
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The Service Recipient is obliged to update the data provided in his Account in the event of any changes.
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The Service Recipient may only have one Account of the same type at a time.
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The Service Recipient is obliged to keep the access data to the Account secret from third parties. The User is not authorized to grant access to the Account to other persons, including by renting or lending the Account.
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Uninstalling or deleting the Application does not automatically delete the Account – in order to delete it, the Service User may send an appropriate request to the Service Provider at any time and without giving a reason, in particular via e-mail to the following address: kontakt@parenteo.pl . Deleting the Account results in the loss of the ability to log in to the Account and use its functionalities and resources.
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Deleting the Service User’s Account in any manner does not affect the Service Provider’s ability to continue storing the Service User’s data for the period necessary to achieve other processing purposes (other than maintaining the Account) in accordance with the privacy policy of the Application.
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After deleting the Account, the Service Recipient may re-create the Account in the future, except for cases where the Account is deleted by the Service Provider in accordance with the provisions of point. 12.2 letter g) Regulations for reasons attributable to the Service Recipient. In such a case, re-creating the Account is subject to the prior express consent of the Service Provider after all the reasons for terminating the contract have ceased.
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After registering an Account in the Application, the User can use the following functionalities and resources:
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Managing your Account data, maintaining a Parent Profile, changing Profile visibility settings, etc.;
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Subscribing to the newsletter;
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Searching and viewing Place Profiles and Parent Profiles;
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Adding opinions and ratings under Place Profiles;
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Communication with Users via chat;
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Browsing articles and news on the blog;
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The Application may also send the Service User push notifications informing about new activities or changes in the Application and its content, including when the Application is running in the background (i.e. not actively used by the Service User). Notifications of this type may be sent provided that the Service Recipient has given prior consent, in particular by selecting the appropriate option and granting permissions when starting the Application for the first time. Consent to sending notifications may be withdrawn at any time and without giving a reason, for example in the settings of the Service User’s end device regarding permissions for the Application. Withdrawal of consent does not affect the legality of notifications sent before its withdrawal.
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Articles published by the Service Provider on the blog may be sponsored, used to promote products, services or the image of third parties, for the publication of which the Service Provider receives remuneration from its partners. Sponsored articles referred to in this point of the Regulations are marked on the blog with a heading reading ” sponsored material „, ” advertising ” or in another clear way that allows them to be distinguished from other content on the blog.
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A detailed description of the functionality of the Application, its Electronic Services and the principles of their operation is available as part of the messages, explanations and contextual information displayed when the User uses the Application.
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DELIVERY OF CONTENT BY SERVICE RECIPIENTS
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One of the basic assumptions of the Application is the ability for Service Users to provide their content, which includes all data and information stored via the Application solely for their own use (e.g. within the Account) or with the intention of making them available to a selected Service User or to all Service Users using the Application ( e.g. content posted publicly on the Parent’s Profile or Place Profile, content sent to another Service User in the chat, etc.). The content referred to in this point of the Regulations includes in particular all content in text form, photos and other visual, audio or video materials that may be shared, entered, uploaded, distributed or transmitted using appropriate tools provided in the Application.
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Each Service User is fully responsible for all content transmitted, stored, made available, distributed and published within the Application.
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When placing or sending any content within the Application, the Service Recipient is obliged to have all required rights and permissions to post such content, in particular copyrights or required licenses, permissions and consents to their use, dissemination, sharing, publication, etc., in particular the right to publish and distribute on the Internet, on-line system and the right to use and distribute the image in the case of content that includes the image of third parties. Content containing personal data, including the image of minors, may be provided in accordance with the Regulations only by the Service User acting as their parents, guardians or other statutory representatives.
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All statements, ratings, opinions, comments and reactions sent and posted by Service Users in the Application contain their own opinions and do not constitute the opinion of the Service Provider.
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The content of the Service Users may not contain vulgarity, offensive content, content inciting to spread hatred, racism or xenophobia, as well as content of advertising, announcements or commercial information encouraging the use of websites, applications and portals competing with the Parenteo Application, including addresses websites, names and logos of such portals and applications.
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When the Service Recipient posts in the Application any content for which the copyright or other permits required by law are held by the Service Recipient, the Service Provider is granted a free, non-exclusive, transferable and transferable license to use the received content, including the right to use the copyrights, without limitations as to territory and time (but not shorter than for the period of use of the Application by this Service User), in the following fields of use: (1) permanent or temporary dissemination, display, playback and storage of this content using digital technology, including via a computer, mobile devices and the Internet, in the scope of the proper provision of Electronic Services to all Service Users of the Application, depending on the type of content and the purpose of its posting by the Service User, as well as the possibility of promoting and advertising the Application via the Service Provider’s profiles and discussion groups, websites and fan pages’ y related to the Application on social media; (2) permanent or temporary reproduction of this content, in whole or in part, by digital technology, to the extent that its reproduction is necessary for dissemination, display, reproduction and storage for the above-mentioned purposes and scope; (3) making them publicly available via the Application and the Service Provider’s profiles, discussion groups, pages and fanpages related to the Application on social media in such a way that everyone can access them at a place and time of their choosing. The Service Recipient undertakes not to exercise any moral rights to the provided content in relation to the Service Provider and allows the Service Provider to develop them (dependent rights) and use them in the above-mentioned fields of exploitation without marking the authorship (name and surname, logo, name, etc.) of the Service Recipient.
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COMMUNICATION BETWEEN SERVICE RECIPIENTS
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The application provides tools for communication between Service Users, including an internal chat that allows for a conversation between two Service Users at the same time.
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The service recipient using the means of communication available in the Application, including chat, should ensure that his or her statements are in an understandable form that does not mislead the interlocutor. The service recipient should treat his interlocutors with respect.
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The Service Recipient is strictly prohibited from using the means of communication available in the Application, including chat, in a manner that may constitute prohibited and punishable acts, as well as in any way burdensome to other Service Recipients. In particular, sending statements that violate the interlocutor’s personal rights is prohibited. The service recipient is prohibited from using the chat to send unsolicited commercial information (spam), harassing and disturbing interlocutors, extorting data and sending illegal or offensive content, content inciting to spread hatred, racism or xenophobia or other content contrary to well-understood rules of netiquette and good manners.
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It is prohibited to use the means of communication available in the Application, including chat, to send content intended to cause damage to other Service Users (in particular malicious computer software such as „viruses”, „worms” or „Trojan horses”) or to share data containing or enabling access to illegal warez (e.g. illegally obtained computer files) or pornographic content.
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RATINGS AND OPINIONS ABOUT PLACES
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application allows Users to leave ratings and opinions about places.
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The ratings and opinions system is used by completing the interactive form available under the Place Profile. When adding an opinion, the User can select a graphic rating of the place on a five-point scale, where 1 means the lowest rating and 5 means the highest. The average of all ratings issued is presented next to the Place Profile, including in the place search results in the Application.
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When using the ratings and opinions system, the User is obliged to provide only reliable and true information. The user is prohibited from posting false or fictitious opinions, opinions that are offensive or inconsistent with the facts. The ratings and opinions system cannot be used for illegal activities, in particular for activities constituting an act of unfair competition or activities violating personal rights, intellectual property rights or other rights of third parties. The user adding an opinion or rating is obliged to act in accordance with the law, these Regulations and good practices. The content of the opinion should refer only to the managed place to which the reviewed Place Profile applies, in accordance with the subject matter and purpose of the Parenteo Application.
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The Application Service Provider does not verify whether the opinions issued come from people who actually use or have used the services of a given place – this means that the opinions may come from both actual customers and other people who are not customers.
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The Service Provider provides all opinions, i.e. both positive and negative opinions, with the exception of opinions that violate the provisions of the Regulations or the provisions of generally applicable law. The Service Provider does not post or order any other person to post false opinions or recommendations and does not distort opinions or recommendations in order to promote selected places. The service provider also does not publish sponsored opinions. Any comments, appeals or reservations regarding the content of opinions and ratings may be submitted in a manner analogous to the complaint procedure indicated in point 12 of the Regulations .
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Published opinions are visible in the Application indefinitely and may be deleted by the Service Provider only due to their unlawful nature or violation of the provisions of the Regulations or removal of the opinion at the justified request of the person adding it or a third party.
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ILLEGAL CONTENT AND OTHER CONTENT IN COMPLIANCE WITH THE REGULATIONS
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This point of the Regulations contains provisions arising from the Digital Services Act regarding the Application and the Service Provider. The Service User is generally not obliged to provide content when using the Application, unless the Regulations require providing specific data (e.g. data necessary to register an Account and complete the Parent Profile or Place Profile). The Service User may also be able to provide data such as opinions and ratings about places or private messages between Service Users, using the tools provided for this purpose by the Service Provider. In each case of providing content by the Service Recipient, he is obliged to comply with the rules contained in the Regulations.
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CONTACT POINT – The Service Provider designates the e-mail address kontakt@parenteo.pl as a single contact point. The contact point enables direct communication of the Service Provider with the authorities of the Member States, the European Commission and the Digital Services Council, and at the same time enables Service Users to communicate directly, quickly and friendly with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English for the purposes of communication with its contact point.
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Procedure for reporting Illegal Content and actions in accordance with Art. 16 Digital Services Act:
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Any person or entity may report to the Service Provider the presence of specific information that a given person or entity considers to be Illegal Content to the e-mail address kontakt@parenteo.pl .
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The notification should be sufficiently precise and properly justified. For this purpose, the Service Provider enables and facilitates submission of reports containing all of the following elements to the e-mail address provided above: (1) a sufficiently substantiated explanation of the reasons why a given person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the precise electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) name and surname or name and e-mail address of the person or entity making the report, with the exception of reports regarding information considered to be related to one of the crimes referred to in Art. 3-7 of Directive 2011/93/EU; and (4) a statement that the reporting person or entity has a good faith belief that the information and allegations contained herein are accurate and complete.
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The notification referred to above is deemed to constitute the basis for obtaining actual knowledge or information for the purposes of Art. 6 of the Digital Services Act in relation to the information it concerns, if it enables the Service Provider acting with due diligence to determine – without a detailed legal analysis – the illegal nature of a given activity or information.
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If the report contains electronic contact details of the person or entity that submitted the report, the Service Provider shall, without undue delay, send such person or entity confirmation of receipt of the report. The service provider shall also notify such person or entity without undue delay of its decision with respect to the information covered by the report, providing information on the possibility of appealing against the decision.
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The Service Provider considers all reports it receives under the mechanism referred to above and makes decisions regarding the information referred to in the reports in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purposes of such consideration or decision-making, it includes information on this subject in the notification referred to in the previous point.
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Information on the restrictions that the Service Provider imposes in connection with the use of the Application, in relation to the information provided by the Service User:
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In the case of providing any content as part of the Parenteo Application, the Service Recipient is subject to the restrictions indicated in the provisions of these Regulations, in particular in points 6 and 7 of the Regulations.
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The Service Provider reserves the right to moderate the content provided by Service Users in the Application. Moderation is carried out in good faith and with due care and on the Service Provider’s own initiative or upon a received report in order to detect, identify and remove Illegal Content or other content inconsistent with the Regulations or to prevent access to them or to take the necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Regulations.
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The moderation process may be performed manually by a human or based on automated or partially automated tools that help the Service Provider identify Illegal Content or other content inconsistent with the Regulations. After identifying such content, the Service Provider decides whether to remove or prevent access to the content or otherwise limits its visibility or takes other actions it considers necessary (e.g. contacting the Service User to clarify reservations and change the content). The Service Provider will, in a clear and easily understandable way, inform the Service User who provided the content (if we have his contact details) about his decision, the reasons for making it and the available options for appealing against this decision.
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When implementing its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legally justified interests of all parties involved, including service recipients, in particular taking into account the rights set out in the Charter of Rights. fundamental rights of the European Union, such as freedom of expression, media freedom and pluralism and other fundamental rights and freedoms.
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Any comments, complaints, complaints, appeals or reservations regarding decisions or other actions or lack of actions taken by the Service Provider based on the notification received or the Service Provider’s decision made in accordance with the provisions of these Regulations may be reported in a manner analogous to the complaint procedure indicated in point 1 2. of the Regulations. . Using this procedure is free of charge and allows you to submit complaints electronically to the provided e-mail address. The use of the complaint procedure is without prejudice to the right of the person or entity concerned to bring proceedings before a court or other rights.
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The Service Provider will consider any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of actions taken by the Service Provider on the basis of the notification received or the decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other report contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the report is unjustified or that the information referred to in the complaint is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant’s action was not justifies the measure taken, the Service Provider shall without undue delay repeal or change its decision to remove or prevent access to the content or otherwise limit its visibility or take other actions it deems necessary.
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Service Recipients or other persons or entities who have reported Illegal Content, to whom the Service Provider’s decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any extrajudicial dispute resolution body certified by the digital services coordinator of a Member State in order to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the Service Provider’s internal complaint handling system.
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RESTRICTION, SUSPENSION AND TERMINATION OF ACCESS TO ELECTRONIC SERVICES
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The Service Recipient may resign from using the Parenteo Application and individual Electronic Services at any time and without giving a reason, in accordance with the terms of use specified in these Regulations.
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In addition to and without prejudice to the provisions of point 9 of the Regulations specifying the rules for dealing with Illegal Content or other content inconsistent with the Regulations, the Service Provider reserves the right to limit, suspend and, ultimately, terminate the provision of its Electronic Services to a given Service User. The actions referred to above are undertaken by the Service Provider only when and to the extent necessary, while maintaining the following conditions:
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The grounds for limiting, suspending, and ultimately terminating the provision of Electronic Services to a given Service Recipient may include:
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providing the Service Recipient in the Application with incomplete (where mandatory) or false contact details (e.g. name and surname, e-mail address);
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data provided on the Parent Profile or Place Profile (including photos and other visual materials) by the Service Recipient violate the provisions of generally applicable law, good customs, principles of social coexistence or the rights of third parties;
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data provided on the Parent Profile or Place Profile (including photos and other visual materials) by the Service Recipient violate the terms of content provision specified in the Regulations;
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sending spam messages to other Service Users via the Application, including advertising, announcements or commercial information encouraging the use of websites competing with the Application, including website addresses, names and logos of such websites, as well as offensive messages or intended to extort data, including confidential data such as the Account password;
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the actions of a given Service Recipient threaten to unlawfully violate the reputation of the Service Provider and its Application;
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the actions of a given Service Recipient threaten the security of the IT system of the Application, the Service Provider or other Service Recipients when they use the Application;
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The Service Recipient is in arrears with any amounts due to the Service Provider;
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a legal or regulatory obligation under which the Service Provider is obliged to terminate the provision of all Electronic Services to a given Service Recipient;
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the Service Provider exercising the right to terminate the provision of services for an overriding reason resulting from national law consistent with European Union law;
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repeated violation of the Regulations by the Service Recipient.
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Restriction of Electronic Services is understood as actions aimed at limiting access to individual services provided by the Service Provider. Restricting Electronic Services may include, for example, preventing access to selected functionalities and resources of the Application, including those available after logging in to the Account (such as maintaining a Profile, issuing ratings and opinions, using the chat, etc.).
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Suspension of Electronic Services is understood as actions aimed at depriving the Service User of access to all services provided by the Service Provider. Suspension of Electronic Services will include, for example, suspension of access to the Account. During the suspension of the Account, it is not possible to log in to the Account and use all its functionalities and resources, including maintaining a Parent Profile or Place Profile. Suspension of an Account may also result in disabling the visibility of the Parent Profile or Place Profile associated with that Account.
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The limitation or suspension of Electronic Services may occur for a specified period of time indicated by the Service Provider or for an indefinite period – until the reason for its application ceases. During the restriction or suspension of Electronic Services, the Service Recipient is obliged to take action to remove the reason that was the basis for the decision to limit or suspend, and after their removal, he is obliged to immediately inform the Service Provider about it. The Service Provider will withdraw the imposed restrictions or suspensions immediately after the expiry of the period of their application, and in the case of a decision made for an indefinite period – immediately, but no later than within 10 Business Days from confirmation of the information about the cessation of the reason for their application.
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The Service Provider decides on the method and scope of limiting, suspending or terminating the provision of Electronic Services to a given Service User in a reasonable, necessary and proportional manner to the nature and scope of the grounds for making a specific decision and its consequences for the interested Service User. Before making a decision, the Service Provider, if possible, calls on the Service User to stop the violations, and only if the request turns out to be ineffective, impossible or would be pointless due to the flagrant and obvious nature of the violations, the Service Provider may make an appropriate decision. The Service Provider first undertakes to decide on the restriction and then only on suspending the provision of Electronic Services if the restriction itself turns out to be insufficient or would be pointless.
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If a decision is made to limit or suspend the provision of Electronic Services to a given Service Recipient, the Service Provider provides the Service Recipient – before the decision to limit or suspend becomes effective or at the moment when it becomes effective – a justification for this decision by means of a message sent by e-mail. .
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Termination of the provision of Electronic Services is treated as the final termination of the contract with the Service Recipient and may only be based on the reasons indicated in point. 10.2 letter a) point viii-x of the Regulations. As a consequence, the Service User’s Account and all data assigned to this Account (including the Parent Profile or Place Profile associated with it) are deleted.
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If the Service Provider decides to terminate the provision of all its Electronic Services to a given Service Recipient, it shall provide the Service Recipient, at least 30 days before the date on which the decision to terminate the provision of Electronic Services becomes effective, with a justification for this decision by means of a message sent by post. electronic. The notification period referred to in the previous sentence does not apply if the Service Provider:
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is subject to a legal or regulatory obligation under which it is obliged to terminate the provision of all its Electronic Services to a given Service User in a way that makes it impossible for it to meet this notice period,
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exercises the right to terminate the provision of services for an overriding reason resulting from national law consistent with European Union law,
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may demonstrate that a given Service Recipient has repeatedly violated the Regulations, which results in the termination of the provision of all Electronic Services.
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In the above cases, when the notification period does not apply, the Service Provider shall provide the given Service User, without undue delay, with a justification for this decision at least by means of a message sent by e-mail.
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The justification for the Service Provider’s decision to limit, suspend or terminate the provision of Electronic Services must include a reference to the specific facts or circumstances – including the content of notifications received from third parties, if applicable – that led to the Service Provider’s decision, as well as a reference to the applicable the grounds for this decision, referred to in point 10.2 lit. a) Regulations. The Service Provider does not have to provide (1) justification if it is subject to a legal or regulatory obligation not to provide specific facts or circumstances, or (2) a reference to the applicable basis or grounds if it can demonstrate that a given Service User has repeatedly breached the Regulations , which results in the termination of the provision of all given Electronic Services.
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In the event of restriction, suspension or termination of Electronic Services, the Service Provider provides the Service User with the opportunity to clarify the facts and circumstances as part of the complaint procedure referred to in point. 12 of the Regulations. If the Service Provider withdraws the decision to limit, suspend or terminate the services, it shall without undue delay restore the Service User’s access to these services, including restoring his access to personal data or other data that resulted from his use of the Electronic Services before the decision to this restriction, suspension or termination has taken effect.
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Termination of access to Electronic Services for a given Service User in any mode does not prejudice the possibility of storing the Service User’s data for the period necessary to achieve other processing purposes (other than the provision of Electronic Services) in accordance with the privacy policy of the Application.
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PLACING SITE PROFILES, ADDITIONAL SERVICES, ACCESS TO DATA
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The Service Provider may use Place Profile ranking in the Application, which involves assigning specific Place Profiles a higher position in search results than other Place Profiles included in the Application.
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The service provider indicates the main parameters determining the ranking:
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use of paid promotion – Place Profiles are appropriately marked to inform about their paid promotion ;
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the date of placing the Place Profile in the Application (in order from the newest to the oldest) or other criterion used by the User, who may use voluntary options for sorting and filtering Profiles in the Application’s search engine, thus independently influencing the order in which they are displayed;
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placing the Place Profile in the appropriate category,
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using expressions appropriate to the searched phrases in the title and content of the Location Profile;
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quality of the Place Profile presentation, visual features and their description;
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adding photos in the Place Profile, including the number of photos added.
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The parameters determining the placement of Place Profiles are intended to make it easier and faster for Users to find the place they are interested in.
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The company may take advantage of paid opportunities to promote its Place Profiles. Detailed information about paid promotion methods and their impact on the placement of Place Profiles in the Application is available upon request via the contact form on the parenteo.pl website.
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For the avoidance of doubt, the Service Provider or third parties do not offer Users any additional goods and services, including financial products, as part of the Application.
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When using the Application, the Service Provider and the Service Recipients may gain access to the following categories of personal data or other data that the Service Recipients provide for the purposes of using the Application or which are generated as a result of their use of the Application:
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Service User who does not have an Account : ability to view the main login screen of the Application;
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The Service Recipient who created the Account : data as in point 11.6 letter a) above, and additionally: data provided by you as part of the Account, including data published on your Parent Profile or Place Profile; chat history; data made publicly available by other Service Recipients as part of their Parent Profiles or Place Profiles (e.g. names, addresses, photos, e-mail addresses, telephone numbers, etc.);
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The Parenteo Application Service Provider : has access to all data made available and generated by each Service User using the Application, including data to which registered Service Users have access in accordance with the principles set out in the preceding provisions, subject to passwords (which are stored in encrypted form).
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Service Recipients are obliged to process data obtained via the Application, including through Profiles, in accordance with generally applicable regulations, exercise due diligence to protect personal data they receive from other persons via the Application and are obliged not to use the data obtained for purposes other than arising from the scope of the consent granted to them or for the purposes of proper performance of their obligations towards other Service Recipients (e.g. in the event of contact to conclude a contract regarding the Place Profile), unless the basis for such action is established in other generally applicable legal provisions.
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COMPLAINT HANDLING PROCEDURE
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This point 12 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Service Provider, in particular complaints regarding Electronic Services and other complaints related to the operation of the Service Provider or the Parenteo Application.
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Additional information regarding the Service Provider’s liability provided for by law is provided below:
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The basis and scope of the Service Provider’s liability towards the Service User when the Electronic Service is provided incorrectly are determined by generally applicable legal provisions, in particular the Civil Code, the Act on Consumer Rights or the Act of July 18, 2002 on the provision of electronic services ( Journal of Laws 2002, No. 144, item 1204, as amended).
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In the event of a complaint regarding digital content or services purchased by the Service Recipient who is a consumer or a natural person referred to in Art. 385[5] of the Civil Code, the provisions of the Consumer Rights Act in force from January 1 , 2023 apply , in particular Art. 43h – 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Service Provider’s liability in the event of non-compliance of the content or digital service with the concluded contract.
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Complaints related to the operation of the Application, including its Electronic Services, may be submitted, for example, by e-mail to the following address: kontakt@parenteo.pl or in writing to the following address: ul. Nowy Świat 33/13, 00-029 Warszawa.
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The Service Provider recommends providing in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) the expectations of the person making the complaint; and (3) contact details of the person filing the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
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If the complainant changes the contact details provided while the complaint is being considered, he or she is obliged to notify the Service Provider about it.
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The complainant may attach evidence (e.g. photos, documents or screenshots) related to the subject of the complaint to the complaint. The Service Provider may also ask the person filing the complaint to provide additional information or send evidence (e.g. a photo), if this will facilitate and speed up the processing of the complaint by the Service Provider.
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The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
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STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT
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A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the cases listed in point. 13.4 and the costs specified in point. 13.5 of the Regulations.
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The deadline for withdrawal from the contract, the subject of which is the provision of services, including Electronic Services, starts from the date of conclusion of this contract.
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To meet the deadline for withdrawal from the contract, it is sufficient to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example, in electronic form via e-mail to the following address: kontakt@parenteo.pl or in writing to the following address: ul. Nowy Świat 33/13, 00-029 Warszawa. For this purpose, the consumer may use the template declaration of withdrawal from the contract, which constitutes Annex No. 2 to the Consumer Rights Act, but this is not obligatory.
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The right to withdraw from a distance contract is not available to the consumer, among others: in relation to contracts: (1) for the provision of services for which the consumer is obliged to pay the price, if the Service Provider has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the provision of the service by the Service Provider, he will lose the right to withdraw from the contract and took note of it; (2) for the supply of digital content that is not recorded on a tangible medium for which the consumer is obliged to pay the price, if the Service Provider commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the provision of the service by the Service Provider he or she would lose the right to withdraw from the contract and acknowledged it, and the Service Provider provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Consumer Rights Act.
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In the case of contracts to which none of the exclusions specified in point apply. 13.4 above, the following consequences and costs related to the exercise of the right of withdrawal by the consumer apply:
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The service provider is obliged to immediately, no later than 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal from the contract, return to the consumer all payments made by him, subject to the costs of the services referred to in point. 13.5 lit. b) below. The Service Provider refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.
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In the case of a service the performance of which – at the express request of the consumer – began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
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In the event of withdrawal from a contract the subject of which is digital content or digital services – from the date of receipt of the consumer’s declaration of withdrawal from the contract, the Service Provider may not use content other than personal data provided or created by the consumer in the course of using the digital content or digital service – provided by Service Provider, except for content that: (1) is only useful in connection with the digital content or digital service that was the subject of the contract; (2) concern only the consumer’s activity when using digital content or digital service provided by the Service Provider; (3) has been combined by the Service Provider with other data and cannot be separated from it or can only be separated with disproportionate efforts; (4) they were produced by the consumer together with other consumers who may continue to use them. Except for the cases referred to in points ( 1)- (3) above, the Service Provider, at the consumer’s request, provides him with content other than personal data that was provided or created by the consumer while using the digital content or digital service provided by the Service Provider. In the event of withdrawal from the contract, the Service Provider may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service from the Service User’s Account, which does not affect the consumer’s rights referred to in the previous sentence. The Consumer has the right to recover digital content from the Service Provider free of charge, without any hindrance from the Service Provider, within a reasonable time and in a commonly used machine-readable format.
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In the event of withdrawal from the contract relating to digital content or digital services provided by the Service Provider, the consumer is obliged to stop using the digital content or digital service and making it available to third parties.
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The consumer provisions contained in this point 13 of the Regulations also apply to contracts concluded with the Service Recipient who is a natural person, referred to in Art. 385[5] of the Civil Code, i.e. concluding a contract directly related to his business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
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OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
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Methods of resolving disputes without court participation include (1) enabling the parties’ positions to be approximated, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation, and (3) resolving the dispute and imposing its solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for the consumer to use out-of-court methods of dealing with complaints and redress, rules of access to these procedures and a friendly search engine for entities dealing with amicable resolution of disputes are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik .gov.pl/ .
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There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information on out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) via e-mail – by sending a message to the following address: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
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The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court; (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Trade Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on weekdays, from 8:00 a.m. to 6:00 p.m., call fee according to the operator’s tariff).
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A platform for the online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/odr . The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html ).
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INTERRUPTIONS AND TECHNICAL FAILURES
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The Service Provider makes every effort to ensure the correct and uninterrupted functioning of the Parenteo Application and its Electronic Services. Due to the complexity and complexity of the Application and its Electronic Services, as well as due to external factors beyond the Service Provider’s control (e.g. DDOS attacks – distributed denial of service ), however, it is possible that errors and technical failures may occur that prevent or limit in any way the functioning of the Application and the possibility of using its Electronic Services. In such a case, the Service Provider will take all possible actions to ensure that the negative effects of such events are limited as much as possible.
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The Service Provider immediately informs the Service Users about any errors and technical failures
referred to above and the expected date of their removal. -
In addition to interruptions caused by errors and technical failures, other technical interruptions may also occur, during which the Service Provider takes actions to develop the Application and its Electronic Services and protect them against errors and technical failures.
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The Service Provider plans technical breaks in such a way that they are as little burdensome as possible for the Service Users, in particular that they are planned for times with lower traffic intensity in the Application (e.g. night hours) and only for the time necessary for the Service Provider to perform the necessary actions. The Service Provider informs Service Users about planned technical breaks in advance, also providing the expected duration of the planned break.
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The Service Provider is not liable to the Service User for damages and failure to fulfill obligations resulting from any errors and technical failures as well as technical interruptions referred to
in this point 1 5. of the Regulations. This point 15 of the Regulations is not intended to exclude or limit any statutory rights of the Service Recipient who is a consumer or a natural person referred to in Art. 385[5] of the Civil Code, especially in the field of complaints about improperly performed performance.
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COPYRIGHT OF THE PARENTEO APPLICATION
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Copyrights and intellectual property rights to the Parenteo Application as a whole and its individual elements, including content, graphics, works, patterns and signs available within it, belong to the Service Provider or other authorized third parties and are protected by the provisions of the Copyright Law and other generally applicable provisions. applicable law. The protection granted to the Application covers all forms of its expression.
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The application should be treated similarly to any other work subject to copyright protection. The User has no right to copy the Application, except for cases permitted by mandatory provisions of law. The Service Recipient also undertakes not to modify, adapt, translate, decode, decompile , disassemble or in any other way attempt to determine the source code of the Application, except for cases permitted by mandatory provisions of law.
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The Service Recipient using the Application does not acquire any copyrights to the Application. The Service Recipient is granted only – under the terms specified in the Regulations – a non-transferable, globally valid and non-exclusive license authorizing him to use the Application in a manner consistent with its purpose and subject matter, with these Regulations and in a manner consistent with the law and good practices, with the aim of respecting personal rights, personal data as well as copyrights and intellectual property of the Service Provider, other Service Recipients and third persons and entities.
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Under the granted license, the Service Recipient is entitled to use the Application in the mobile version by downloading, installing, permanently or temporarily reproducing it in the memory of the Service Recipient’s mobile device, as well as playing, using and displaying the Application to the extent necessary to use all functionalities and resources of the Application in accordance with with its purpose and subject matter and solely for the Service Recipient’s own personal use, including as part of the Company’s business activities, to the extent specified in these Regulations and the provisions of Copyright Law, excluding use for commercial purposes.
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All rights other than the above not expressly granted to the Service User are reserved by the Service Provider, in particular the Service User is not entitled to (1) distribute the Application, including renting and lending the Application or its copies in any form; (2) sublicense the App (including granting others access to use the App); (3) placing the Application on the market, including lending or renting; and (4) interfering with the source code and structure of the Application (including making developments on the Application and distributing, sublicensing or marketing these developments in any form).
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Individual elements of the Application may be subject to separate regulations and licenses of use – in which case the Service User is also obliged to comply with them. The Service Provider also reserves the right to individually establish license conditions with the Service User through a separate agreement regarding the use of the Application and its Electronic Services.
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The Service Provider reserves the right to terminate this license in the event of violation of its terms by the Service User, including in relation to specific devices from which the violation was committed. The license may be terminated regardless of the suspension or deletion of the Service User’s Account pursuant to the provisions of point. 10.2 letter g) Regulations.
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The trademarks of the Service Provider and third parties should be used in accordance with applicable law.
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FINAL PROVISIONS
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Agreements concluded on the basis of these Regulations are concluded in the Polish language and in accordance
with Polish law. -
Changes to the Regulations:
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The Service Provider reserves the right to make changes to these Regulations for important reasons, i.e.: changes in legal provisions; being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; adding new Electronic Services; development of the functionality and resources of the Application; changes in payment methods and deadlines; the need to counteract unforeseen and direct threats related to the protection of the Application, including Electronic Services and Service Recipients against fraud, malware, spam, data breaches or other cybersecurity threats ; changes to the Service Provider’s data; improving the quality of service for Service Recipients – to the extent that these changes affect the implementation of the provisions of these Regulations.
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Notification of proposed changes is sent in advance at least 15 days before the date of entry into force of these changes, provided that a change may be introduced without the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation, under which he is obliged to amend the Regulations in a way that makes it impossible for him to comply with the 15-day notice period; or (2) must, by way of exception, amend its Regulations to counteract an unforeseen and immediate threat related to the protection of the Application, including Electronic Services and Service Users, against fraud, malware, spam, data breaches or other cybersecurity threats . In the last two cases referred to in the previous sentence, changes are introduced with immediate effect, unless it is possible or necessary to apply a longer deadline for introducing changes, which is each time notified by the Service Provider.
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In the case of continuous contracts (e.g. use of the Account), the Service User has the right to terminate the contract with the Service Provider before the expiry of the notification period about the proposed changes. Such solution becomes effective within 15 days from the date of receipt of the notification. In the event of concluding a continuous contract, the amended Regulations are binding on the Service Recipient if he was properly notified about the changes in accordance with the notification period before their introduction and did not terminate the contract during this period. Additionally, at any time after receiving notification of changes, the Service User may accept the changes and thus waive the further duration of the notification period. In the event of concluding a contract of a different nature than continuous contracts, changes to the Regulations will not in any way violate the rights acquired by the Service User before the date of entry into force of the changes to the Regulations.
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In the event that a change to the Regulations results in the introduction of any new fees or an increase in current ones, the consumer or natural person referred to in Art. 385[5] of the Civil Code, has the right to withdraw from the contract.
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In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002, No. 144, item 1204, as amended); Consumer Rights Act; Copyright Law and other relevant provisions of generally applicable law.
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SAMPLE WITHDRAWAL FORM (ANNEX NO. 2 TO THE CONSUMER RIGHTS ACT)
Sample contract withdrawal form
( this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:
PARENTEO LIMITED LIABILITY COMPANY
street Nowy Świat 33/13, 00-029 Warszawa
kontakt@parenteo.pl