- Agreement – agreement for the provision of services by electronic means concluded between the Service Provider and the User under the conditions indicated in the Terms of Service.
- Civil Code – the Act of April 23, 1964 Civil Code (Journal of Laws 2020.1740 as amended).
- Consumer – a consumer within the meaning of Article 221 of the Civil Code, i.e. a natural person who performs a legal transaction with the Service Provider which is not directly related to his/her business or professional activity.
- GDPR – the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- Personal Data – personal data within the meaning of Article 4(1) of GDPR, i.e. any information relating to an identified or identifiable natural person.
- Service or Services – service or services provided electronically by the Service Provider through the Website, under the conditions specified in the Terms of Service.
- Service Provider – Joanna Socha running a business under the name Embark – Joanna Socha in Warsaw, at the address: Artura Malawskiego 7/100, 02-641 Warsaw, Poland, under the Tax Identification Number (NIP): 7393643401, Business Identification Number (REGON): 361904360, registered in the Central Registration and Information on Business.
- Terms of Service – the following Terms of Service regarding the provision of services by electronic means through the http://www.w-insight.com website.
- User – any person using the Website.
- Website – the website available at http://www.w-insight.com, which is owned by the Service Provider.
II. General conditions
- The following Terms of Service set out the terms and conditions for the provision of Services by the Service Provider to Users via the Website available at: https://w-insight.com/. Terms of Service is a regulation referred to in Article 8 sec. 1 point 1 of the Act of July 18, 2002 on Rendering Electronic Services (Journal of Laws 2020.344 as amended).
- The entity providing the Services is Joanna Socha, running a business under the name Embark – Joanna Socha in Warsaw, at the address: Artura Malawskiego 7/100, 02-641 Warsaw, Poland, under the Tax Identification Number (NIP): 7393643401, Business Identification Number (REGON): 361904360.
- Website User status is granted to any natural person using the Website. Using the Website is entirely voluntary.
- Terms of Service are made available by the Service Provider free of charge before the conclusion of the Agreement through the Website in a way that allows reproduction and recording of its content by any means of information and communication system used by the User. At the request of the User, the Service Provider shall deliver the Terms of Service in their current version by an e-mail to the contact address indicated by the User.
- Users may access the Terms of Service at any time via the Website and download or print them.
- By using the Website Services, the User confirms that he/she has read the Terms of Service, accepts its content and agrees to comply with them. If the User does not accept any of the provisions included in Terms of Service, he/she should refrain from using the Services.
III. Scope of Services
- The Service Provider provides the following types of Services via the Website:
a) allows Users to familiarize themselves with the content published on the Website, in particular such as text materials (articles, interviews), images, videos, commercial information, information about Service Provider and others (“Content“);
b) allows Users to post comments under selected Content. Comments are private statements made by Users;
c) provides a contact form for Users to submit inquiries or direct messages to the Service Provider;
d) provides a newsletter subscription form to be filled by the Users;
e) provides the “Support us the way you want!” functionality, which enables the Users to make voluntary cash donations to the Service Provider for its own purposes, including the Service Provider’s development goals (“Donations“).
f) The Service Provider may add more services for the Website Users without notifying the Users.
IV. Website’s terms and conditions
- The User has the right to use the Website with all the features provided by the Service Provider. Use of the Website by Users does not require registration by the User, unless otherwise specified in the rules for a particular Service.
- The Website User is obliged to:
a) use the Website and Services in a way that does not interfere with their proper functioning and complies with generally applicable laws and the provisions of the Terms of Service;
b) provide information and data that is complete, true and not misleading if, in regard to the use of the Services, the User decides to submit or provide information or Personal Data;
c) not provide or transmit content that is unlawful, offensive or contains harmful software;
d) respect the rights of other Website Users.
3. Users are prohibited from posting on the Website content that:
a) is contrary to applicable law;
b) violates the rights of third parties;
c) violates copyrights;
d) is generally considered as vulgar or abusive;
e) incites racial, religious, ethnic or any other kind of hatred;
f) incites to acts of violence;
g) insults the Users or other persons;
h) promotes other websites or third-party companies;
i) contains content of a pornographic nature;
j) contains advertising content;
k) are links leading to sites containing the content described in the following section 3.
4. In the case of posting content by the User that violates the provisions of the Terms of Service, it may be removed by the Service Provider, without informing the User about this fact.
5. Users are fully liable for any damage caused as a result of behavior contrary to the law or the provisions of the Terms of Service.
6. In order to use the Website and Services, it is necessary for the User to meet the following minimum technical requirements, necessary to ensure proper operation with the Website:
a) possession by the User of a device enabling the use of the online resources;
b) connection to the Internet;
c) using a web browser enabling the display on the screen of the device of hypertext documents, linked to the Internet via the www service and, moreover, accepting cookies;
d) to use some of the Services, it is also required to have an active electronic mail (e-mail) account.
7. Meeting some of the technical requirements specified in the section above may be associated with the need to incur fees by the User, in particular to obtain access to the Internet. All costs associated with meeting the technical requirements shall be borne by the User.
8. The Service Provider shall not be liable for technical problems or limitations of User’s software or hardware, which prevent him from using the Website. The Service Provider does not guarantee the correctness of operation of the User’s IT system and shall not be held liable for it, in particular for any lack of compatibility of the Website with the User’s technical infrastructure.
9. The Service Provider shall also not be liable for disturbances in the operation of the Website caused by force majeure or by the unlawful actions of third parties.
10. The Service Provider has the right to place commercial information on the Website.
V. General conditions for concluding and terminating the Agreements
- The Agreement on rendering electronic services is concluded when the User starts using any of the Services of the Website.
- The scope of the Agreement depends on the type of Services that the User decided to use.
- The Service Provider ensures the operation of the Website in such a way that the User may, free of charge, at any time terminate the use of the Services, resulting in termination of the Agreement.
- The Service Provider enables the User to make voluntary cash donations to the Service Provider through the Website, for the Service Provider’s own purposes, including the Service Provider’s development purposes. The User acknowledges that the Website is operated using the WordPress.com platform, managed by Automattic Inc., through which the Donations to the Service Provider are made.
- In order to make a Donation, the User shall click on the “Support us the way you want!” button in the “Home” tab or elsewhere on the Website and fill out the provided payment form (“Form“). As part of the Form, the User is required to:
a) provide payment card details (name, number, expiry date and CVC code of the card) and e-mail address;
b) indicate the declared amount of donation to the Service Provider, payable in USD currency.
3. The Donation will be made when the User clicks on the “Pay US$(…) once” button. By clicking on the button, the User agrees to create a WordPress.com account or use an existing WordPress.com account, accepts WordPress.com’s Terms of Service, and authorizes WordPress.com to debit the bank account once for the indicated amount of the Donation.
4. Providing all data indicated in the Form is necessary for the transfer of the Donation to the Service Provider.
5. Upon making the Donation, the User will receive an e-mail at the e-mail address provided by the User in the Form, confirming the completion of the registration process and transfer of the Donation to the Service Provider, with the option of generating a WordPress.com receipt.
6. The User is solely liable for the accuracy, content and the form of any data and information provided by him/her. Providing false data and information, especially third-party data or fictitious data, is prohibited and constitutes a violation of the Terms of Service. The User who provides such data or information bears all and sole liability in this respect, in particular towards the Service Provider and any third parties whose data is made available in this way.
7. The User acknowledges that the transfer of Donation meets the conditions of the agreement referred to in Article 888 § 1 of the Civil Code, i.e. a donation agreement, which consists of a free benefit for the Service Provider at the expense of the User’s property. The User acknowledges that at the time of making the transfer, the conditions referred to in Article 890 § 1 sentence second of the Civil Code, according to which the executed donation is valid regardless of the form of the legal act, are fulfilled.
VII. Information about risks associated with the use of the Services
- Fulfilling the obligation under Article 6 point 1 of the Act of July 18, 2002 on Rendering Electronic Services (Journal of Laws 2020.344 as amended), the Service Provider informs about the specific risks associated with the use of the Services provided electronically by using the Internet.Despite the Service Provider’s use of systems protecting the infrastructure from unauthorized influence of third parties, the following potential risks may be associated with the User’s use of Services provided electronically:
a) receipt of unsolicited commercial information (so-called spam);
b) the possibility of malicious software, including in particular, but not limited to computer viruses;
c) the possibility of security breaches in order to obtain personal and confidential information;
d) the possibility of unauthorized wiretapping involving the use of a computer program;
e) the possibility of installing software spying on the User’s activities on the Internet without the User’s knowledge and consent;
2. Service Provider identifies the above risks as potential, informing Users of the possibility of their occurrence.
3. In order to minimize the risk of such threats, it is recommended to use an anti-virus program with an up-to-date virus database and a firewall. The above should be treated only as general and basic recommendations for the security of your own information and communication system.
4. Acting in accordance with Article 6 point 2 of the Act referred to in sec. 1 above, the Service Provider indicates that the function and purpose of the software or data that are not part of the content of the Services introduced by the Service Provider to the information and communication system used by the User are set out in the Cookies Policy.
- Service Provider reserves the right to make interruptions in access to the Website and Services or reduce the quality of access without prior notice to the User, in particular due to:
a) the need to carry out repairs or development of the Website;
b) the occurrence of events affecting the security or stability of the Website;
c) for reasons beyond the Service Provider’s control, including force majeure.
2. Service Provider shall not be liable for failure to perform or improper performance of obligations under the Terms of Service if such failure or improper performance occurred:
a) for reasons beyond the Service Provider’s control;
b) due to Service Provider’s unintentional fault;
c) due to the actions of a third party, in particular telecommunications operators or electricity suppliers.
2. Service Provider is not liable:
a) for the content and information and data posted or provided by Users of the Website;
b) for damages that the User may incur in connection with the use of the Website, as well as for damages that the User may incur as a result of actions taken on the basis of the Services, in particular information presented on the Website.
3. By providing content via the Website, including information containing in particular works, trademarks or disclosing Personal Data, the User shall be solely liable for damage caused to third parties.
4. The Service Provider reserves the right to discontinue individual or all Services or to terminate the Website’s operation without prior notice to the Users.
IX. Complaints and reporting problems
- Each User has the right to lodge a complaint in matters relating to the performance of Services by the Service Provider.
- Any complaints regarding the Service should be reported to the Service Provider without undue delay, in the form of:
a) in writing, by sending to the Service Provider’s address: ul. Artura Malawskiego 7/100, 02-641 Warszawa, Poland, or
b) electronically, by sending to the Service Provider’s e-mail address: email@example.com.
3. The complaint should include a description of the facts constituting the basis for the complaint, data enabling the identification of the User on the Website and an indication of the scope of the request and its brief justification.
4. Before submitting a complaint, the User is obliged to check whether the irregularities in the provision of the Service do not result from reasons for which the Service Provider is not responsible, such as failure to meet the technical conditions of the Service referred to in point IV sec. 6 of the Terms of Service.
5. The reported complaint shall be considered immediately, but no later than within 14 days of its receipt by the Service Provider. Within this period, the Service Provider is obliged to restore the correct operation of the Service or to present to the User, by e-mail, telephone or in writing, to the contact details indicated by the User, its stance on the reported complaint. In a situation where the information provided by the User does not allow the settlement or requires supplementation, the Service Provider reserves the right to ask the User to complete the data concerning the complaint. In this case, the period referred to in the first sentence shall be counted from the date of completion of information by the User. If it turns out that the problems with access to the Service result from reasons attributable to the User, the Service Provider is not obliged to respond to the complaint.
6. Service Provider leaves without consideration the complaint that does not contain data allowing the identification of the User.
7. The Service Provider informs that the complaints concerning the services provided electronically by third parties, the access to which is related to the use of the Website by the Users (such as financial intermediation), shall be considered by these third parties under the principles and in the manner specified in the regulations governing the provision of services by these parties.
8. The User, who is a Consumer, can use out-of-court ways to process complaints and pursue his/her claims, in particular with the help of municipal and district consumer ombudsmen or other institutions providing consumer assistance. The list of institutions dealing with out-of-court settlement of consumer disputes in Poland is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/. Detailed information on resolving consumer dispute is available at: https://www.uokik.gov.pl/.
9. The Service Provider informs that at the address: http://ec.europa.eu/consumers/odr there is a platform for online out-of-court settlement of disputes between consumers and entrepreneurs (ODR platform), which can be used by the User who is a Consumer.
X. Intellectual property
- Copyrights and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, data and signs available on the Website, with the exception of content published by Users, belong to the Service Provider or other authorized third parties and are protected by copyright and other generally applicable laws.
- The User may use works and Content provided by the Service Provider via the Website only as a part of permitted personal use. The use of works and Content for purposes other than those specified in the preceding sentence is possible only with the knowledge and consent of the Service Provider expressed in writing under pain of invalidity.
- The Service Provider undertakes to process Users’ Personal Data in accordance with GDPR and other generally applicable laws and with the highest standards of security.
XII. Final provisions
- The following Terms of Service are drawn up in the English language. The English language version constitutes the sole basis for interpretation of the provisions of the Agreement.
- The law applicable to the contractual relations between the User and the Service Provider is the Polish law.
- Service Provider has the right to amend the provisions of the Terms of Service at any time for important reasons, in particular in the event of changes to the scope or conditions for the provision of Services, modernization of the Website or changes in applicable laws. Amendments to these Terms of Service shall become effective upon publication of the consolidated text of the Terms of Service on the Website. The User’s use of the Website after the amended Terms of Service are published by the Service Provider is tantamount to the User’s acceptance of the amended Terms of Service.
- In matters not covered by the Terms of Service, the commonly applicable laws, in particular the Civil Code, shall apply.
- Subject to the contrary provisions of the Terms of Service, the User may communicate with the Service Provider in the form of:
a) electronically, at the e-mail address: firstname.lastname@example.org;
b) in writing, at the address: ul. Artura Malawskiego 7/100, 02-641 Warszawa, Poland.
6. The Service Provider shall communicate with the User electronically, by telephone or in writing – at the contact data indicated by the User.
7. The User is obliged to immediately inform the Service Provider about any change in his/her contact details provided to the Service Provider, in particular e-mail address, telephone number or correspondence address. In the absence of such notification, the information transmitted to the User’s current data shall be considered as effectively made.
8. Any disputes arising from the concluded Agreement shall be settled by the locally competent common court, established in accordance with generally applicable law.
9. In the case of invalidity of any of the provisions of the Terms of Service, the Service Provider undertakes to amend the Terms of Service in such a way as to replace the invalid provisions with valid ones. The invalidity of one of the provisions of the Terms of Service does not affect the validity of the remaining provisions.
10. The Service Provider has the right to transfer all or part of the rights and obligations under these Terms of Service and arising from the administration of the Website to the third parties.
11. The Terms of Service shall enter into force on March 8, 2022.