TERMS OF AGREEMENT WWW.BCBAPP.COM
ARTICLE I – GENERAL PROVISION
- Website www.BCBapp.com and all services provided within the website are owned by the Service Provider.
- Terms of Agreement are available to the User and provided on the Website by the Service Provider.
- Technical requirements for the use of the Service are a PC or laptop computer with an internet access and a valid email account.
ARTICLE II – DEFINITIONS
- Website – website that allows the Service Provider to provide Service to the User.
- Service Provider – BCBapp.com based Żywiec ul. Mała 3, NIP 5531085641, REGON 241847333.
- User – a natural or legal person who uses the Service or Website.
- User account – a User created account, with a unique login and protected by a password, that allows the User to use the Service.
- Mobile application – application for mobile devices, owned by Service Provider, that allows to create, share and store virtual business cards.
- Software – any and all application available on the Website.
- Service – a service, which enables the User to use functionalities of the Software and Website.
- Subscription – is a paid by user right to use the Service for a certain period.
- Taxpayer – def. in Polish Law Act – (Act of 11.03.2004 r. Dz.U. [Journal of Laws] of 2011 r. no 177, item 1054).
- Terms of Agreement – this document, which constitute an agreement between the User and Service Provider.
ARTICLE III – COCLUSION AND TERMINATION OF AN AGREEMENT
- Service provider provides the User with a system tools necessary to:
- ability to create an User Account,
- ability to use Website and Software to create, store and share virtual business cards,
- ability to synchronize website Software with Mobile Application,
- Any natural person of age 18 or above may become a User, individuals whose capacity for acts-in law is limited, including those under the age of 18, may use the Website upon the consent of their parents or other statutory representatives.
- Service Provider provides Service by providing the User with a User Account and an ability to use Software through it.
- Registering an Account is free of charge. This service is for indefinite time and can be repudiated any time.
- After registering User Account User can use the Service for up to 14 days free of charge. After that time Service becomes pay to use type of service. User has to pay for the subscription to use the Service after that time.
- The agreement between the User and Service Provider will be concluded each and every time for the duration of paid subscription. User can renew expiring subscription any number of times. If the subscription is not renewed before the last day of its period, the Service will be suspended. User shall be informed via email of the expiry date of his or her subscription.
- Payment for the Service is collected in the form of monthly subscriptions, pursuant to the current price list and chosen scope of Service.
- User makes payment for a chosen Service via electronic payment method indicated on Website.
- Electronic payment provider for Website is Elavon Inc. Two Concourse Parkway, Suite 800 Atlanta GA 30328 USA.
- If the User purchases a monthly subscription, the payment for the consecutive months is collected automatically. The User may cancel his subscription and such cancellation shall take effect the following settlement period (before a subsequent fee is charged).
- Service Provider will issue an invoice for the User. The user is obliged to provide his true and full data required by the law.
- Users from outside of Poland can make a payment through the Website if they make a statement confirming they are tax payers, by checking appropriate checkbox on the Website. Such Users are obliged to pay any and all necessary taxes for the Service, including VAT, in their respective countries of residence.
- Private individuals and non-taxpayers can register to the Website and pay for Service via Business Card Book mobile application.
- After receiving payment Service Provider will promptly provide User with an ability to use Service for the time paid by User.
- The User who is a consumer within the meaning of the Civil Code may withdraw without justification within 14 days of registering.
ARTICLE IV – REGISTRATION AND ACCOUNT USAGE
- User gains an ability to use User Account the moment he registers and accepts Terms of Agreement.
- User is obliged to provide his true personal data, which are required by the registration process. If any of those data should be a subject to change in a later date, User is obliged to update those data promptly.
- Person can only register him or herself or a business entity for which it has the right to do so and to uphold all rights and responsibilities of the User on its behalf.
- User can use functionalities provided within Service through User Account, which enables User access to:
- up to date information about Service,
- ability to use Website software,
- ability to synchronize Mobile Application with Service,
- ability to monitor, edit and update personal data and other User data,
- payment control between User and User Provider.
ARTICLE V – USER RIGHTS AND OBLIGATIONS
- User cannot use the Service in a matter disturbing or preventing other User from using the Service.
- User can not violate any intellectual properties. User is solely responsible for using Service in a way that does not violate the law or personal rights of other Users.
- User is solely responsible for all materials he or she puts into the Service and warrants, that he or she has all necessary rights to use all and any contents subject to copyrights or any other intellectual property rights, and that those contents do not infringe any third-party rights.
ARTICLE VI – SERVICE PROVIDER RIGHTS AND OBLIGATIONS
- Service Provider is obliged to provide Service due diligence.
- Service Provider provides User with help documentation provided on Website.
- Service Provider has the right to temporarily suspend Service due to necessary maintenance work or updates or otherwise expanding or reconfiguring the Service by upgrading hardware or software base of Service Provider, of which the User shall be informed beforehand
- Service Provider shall not be liable to the user or any third party for:
- Any disturbances in realizing the Service brought on by providing false data by the User, or by using the User Account inconsistently with recommendation provided by Terms of Agreement or Service Provider.
- Results of providing by User his login or password to third party.
- Technical problems occurring in mobile devices, personal computers, telecommunication infrastructure and systems, that the User is using and which makes impossible for User to properly use the Website and Service.
- Damage caused by discontinuity of Service provision due to random occurrences and events or reasons beyond Service Provider`s control.
- Damages resulting from the loss, inaccuracy or damage of data or unauthorized access to the data by a third party, due to the Service Providers’ unintended fault.
- Content submitted by User through Service.
- Any damage caused by providing or using by User false or outdated personal data.
- Provider has the right to upgrade or modify Service, which does not affect User`s rights.
- Providing false, untrue or outdated personal data by the User entitles Service Provider to immediately stop providing the Service. In the event of violation of Terms of Agreement by the User the Service Provider has the right to:
- issue an official warning,
- suspend the User Account,
- delete the User Account.
ARTICLE VII – COPYRIGHTS
- All rights to the Software, Website or Mobile Application and to other components of Service are reserved and belong to the Service Provider.
- Upon registering a User Account and paying for a paid subscription, the Service Provider grants the User a nonexclusive license to use the Software. The User is obliged to use the Software through Website only and in compliance with its purpose for the end user.
- License agreement is concluded for the duration of paid subscription and expiries with it.
- Any attempts to decrypt the source codes or algorithms of Website, Software or Mobile application are strictly forbidden.
- Matters not settled by this Article are settled in compliance with Act of Copyrights (Dz.U.[Journal of Law] of 1994 No.24 item 83).
ARTICLE VIII – PERSONAL DATA PROTECTION
- Providing the personal data by the User is optional, although necessary for realization of Service, as stated in article 22 item 1 act of law of 18 July 2002r. Electronic Service Provision Act (Dz. U. [Journal of Law] of 2013 item 1422 j. t.).
- The User may access and modify his personal data and may request to have his data deleted. Upon deletion of such data, further use of the Service will not be possible.
- Service Provider is the administrator of User`s personal data, processed within the Website. Service Provider is not however the administrator of other personal data processed by the User through the Website, in particular third-party`s personal data.
ARTICLE IX – COMPLAINTS
- User has a right to submit a complaint within two month of its occurrence.
- Complaints are handled within 14 days of the receipt by an email to the address: email@example.com. Support team shall respond to the given email address.
- Complaints should contain:
- User data allowing for account identification and return address,
- accurate description of the subject of complaint.
ARTICLE X – FINAL PROVISION
- Service Provider is obliged to inform the User through Website about all and any changes made to the Terms of Agreement. Such changes shall not have any impact on concluded or ongoing Services.
- These Terms of Agreement shall be constructed in accordance with their Polish version.
- This agreement is subject to Polish law.
- These Terms of Agreement are valid as of 01.06.2014.