Whenever in these terms of service reference is made to:
- I.1. "Account" - User’s account within the Application, assigned specifically to the User;
- I.2. "Agreement" - agreement entered into by the User allowing the User to access to the Application;
- I.3. "Application" - website and the application available at the address eventlist.io (and subdomains), that consists of, among other, application allowing for search for specific kind of events and receiving notifications about them.
- I.4. "Charges" - it shall mean any charges that User will have to pay for using the Application;
- I.5. "Consumer" - consumer within the meaning of applicable regulations (in Poland - Polish Civil Code);
- I.6. "Professional User" - any user that is not considered Consumer under the particular applicable jurisdiction;
- I.7. "Eventlist" - EVENTLIST spółka z ograniczoną odpowiedzialnością (address: ul. Aleja Warszawska 227B, 39-400 Tarnobrzeg, Poland), registered in Polish register of entrepreneurs of the National Court Register under the number: 0000804333), e-mail address: [email protected];
- 1.8. "Services" - the services provided using the Application;
- 1.9. "Subscription" - agreement concluded using the Application based on which User will receive Services;
- 1.10. "Terms of Service" - this terms of service;
- 1.11. "User" - person that has access to the Application in accordance with the Terms of Service and that has entered into the Agreement.
- II.1. The Application may be accessed through logging-in to the Account after the Account is registered.
- II.2. When the User creates an Account, User must provide information that is accurate, complete, and current at all times. Failure to do so is a breach of the Terms of Service.
- II.3. In order to register the Account, the User has to: fill in the registration form available within the Application, by providing e-mail address for purposes of operating the Account or choose to register with Google account; create and enter a password (optionally); accept the Terms of Service; confirm User’s e-mail address by entering a website having an address indicated in an e-mail sent automatically after filling in the registration form (unless the account is registered using Google account).
- II.4. Agreement is concluded upon the registration of the Account. Agreement is concluded for indefinite period of time.
- II.5. Eventlist has the right to refuse to create an Account or delete the Account on the Application for a User who already has an Account.
III. SUBSCRIPTION / PRICING POLICY / SERVICES
- III.1. Using the Application, User may buy Subscription for a period of time offered at the time. From the moment when the Subscription is active and payment for the Charge has been done, Services are available to the User (scope of them may depend on the kind of Subscription chosen by the User).
- III.2. Depending on the chosen pricing option and current pricing policy, activation of Subscription may depend on the due payment being made.
- III.3. Subscription (specific agreement regarding particular Subscription) is concluded when the Charge is paid properly.
- III.4. While Eventlist manages the Application, order process is conducted by online reseller Paddle.com (Paddle). Paddle is the Merchant of Record for all services related to the Application (in particular Subscriptions). Paddle provides all customer service inquiries and handles returns.
Paddle is operated by Paddle.com Market Ltd., 15 Bermondsey Square, SE1 3UN London, United Kingdom and Paddle Payments Ltd, Core B, Block 71, The Plaza, Park West, Dublin 12, Ireland and its terms of services are: https://paddle.com/legal-buyers/ - those terms of service apply to any services provided by Paddle, including those related to Application.
- III.5. Pricing policy, including particular pricing models and options may be changed from time to time. However, changes do not apply to Subscription that have already been bought.
- III.6. Services will be performed in particular by sending information to e-mail address provided by the User. Other ways of communication may also be available. Each time, User must provide address or account details precisely and only such address or details of such account that belongs to the User.
- III.7. Subscription is acquired for period of time defined when the User acquire it by choosing a particular option.
- IV.1 Users are forbidden to provide to the Application any of any content that is illegal or infringes on personal rights, copyrights, applicable social norms, principles of social coexistence in the Internet. In particular, it is forbidden to provide to the Application personal data that the User is not authorised to provide.
- IV.2 The User is not allowed to do the following (or attempt to or allow any third party to):
- IV.2.1 copy, distribute, lend, license, sublicense, sell, resell, time share, lease or transfer the Application or otherwise commercially exploit or make the Application available to any third party;
- IV.2.2. decipher, decompile, reverse engineer or disassemble the Application or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Application;
- IV.2.3. adapt, modify or hack the Application or otherwise attempt to gain unauthorized access to the Application or related systems or networks;
- IV.2.4. create derivative works based on the Application;
- IV.2.5. modify, remove or obscure any copyright, trademark, patent or other notices or legends that appear in the Application or during the use and operation thereof;
- IV.2.6. falsely imply any association or sponsorship with the Eventlist;
- IV.2.7. publicly disseminate performance information or analysis (including benchmarks) relating to the Application;
- IV.2.8. utilize any software or technology designed to circumvent any license keys or copy protection used in connection with the Application;
- IV.2.9. use the Application in any unlawful manner, including, but not limited to, violation of any person’s privacy rights;
- IV.2.10. use the Application in any manner that interferes with or disrupts the integrity or performance of the Application and its components;
- IV.2.11. use the Application to knowingly post, send, transmit, upload, promote, link to or store any viruses, malware, Trojan horses, time bombs or any other similar harmful software;
- IV.2.12. use the Application to knowingly post, send, transmit, upload, promote, link to or store any content that is unlawful, racist, hateful, abusive, libellous, obscene or discriminatory;
- IV.2.13. use the Application to develop a competitive Application.
- IV.3. The User may not use any automated means, including agents, robots, scripts or spiders, to access or manage the Application, except solely to the extent as may be specifically enabled and authorized by Eventlist.
- IV.4. Nobody is allowed to use automated systems or software to extract data from the Application or websites it is related to ('data scraping').
- IV.5. User's access to or use of the Application may be suspended or terminated if:
- IV.5.1. such action is necessary to ensure the safety of the system or the network which is used by the Application;
- IV.5.2. the User conducts a serious infringement of the Terms of Service (in particular breaks the law using the Application);
- IV.5.3. the User creates more than one Account at given time;
- IV.5.4. the User gained access to the Application in an unauthorised manner.
- IV.6. The User is responsible for safeguarding the password that he uses to access the Application and for any activities or actions under User’s password. The User will not to disclose their password to anyone else The User must notify the Eventlist immediately after becoming aware of any breach of security or unauthorized use of User’s Account.
- IV.7. The User is responsible for compliance with the provisions of these Terms of Service by any and all persons using the Application under User’s Account. The User is responsible for any actions that any person that the User grants access to his Account conduct using the Account.
- IV.8. The Application gives access to curated list of events and their description. Eventlist is not organiser of those events and the Application only contains accessible information regarding them. Application may also provide other features added from time to time.
V. INTELLECTUAL PROPERTY RIGHTS
- V.1. The content and structure of the Application (including third-party elements created in particular under open source licenses) are protected by copyright.
- V.2. Duplication of data or information placed on the Application, in particular the use of code, algorithms, models, texts, photos and graphics, as well as their fragments, in cases other than those expressly permitted by law, without the consent of Eventlist it is prohibited (unless they belong to third parties and Eventlist uses them only based on non-exclusive licence).
- V.3. No provisions of the Terms and Conditions result in any transfer of any rights, title or ownership of the Application or any Eventlist’s software, technology, materials or know-how. The Application is made available in a software-as-a-service model.
- V.4. Intellectual property rights include in particular all forms of proprietary rights, titles, interests and ownership relating to patents, copyrights, trademarks, trade dresses, trade secrets, know-how, mask works, droit moral (moral rights) and all similar rights of every type that may exist now or in the future in any jurisdiction, including without limitation all applications and registrations therefore and rights to apply for any of the foregoing.
VI. TERMINATION OF AGREEMENTS / DELETING OF THE ACCOUNT
- VI.1. Subject to further provision of this Terms of Service, the Agreement may be terminated in accordance with the legal provisions, as well as – within the scope permitted by law.
- VI.2. If the User has already bought Subscription, the User may terminate this Agreement not sooner than when the Subscription expires, subject to section IX.
VII. COMPLAINT PROCEDURE
- VII.1. In the event the User finds any malfunctions or errors of the Application which constitute infringement of these Terms of Service attributable to the Eventlist, the User may file a complaint via e-mail sent to: [email protected]
- VII.2. The complaints referred to in point VII.1. shall be dealt with by the Eventlist within a reasonable time.
- VII.3. As soon as the Eventlist’s decision upon the complaint is made, the User shall be informed by the Eventlist on acceptance of the complaint or that the complaint is without merit in Eventlist’s opinion.
- VII.4. Complaint should include:
- VII.4.1. ndication of the User making the complaint and the e-mail address used for the Account (the Users should never sent their passwords);
- VII.4.2. indication of the functionality of the Application that the complaints regards description of the malfunction.
- VII.5. During the complaint procedure, the Eventlist may ask the User for additional explanation, information or verification of the course of the situation than caused the complaint.
- VII.6. Specific regulations regarding complaints made by Consumers are stipulated in section IX.
VIII. PROVISIONS REGARDING PROFESSIONAL USERS
The Provisions of this section VIII apply only to Professional Users.
- VIII.1. The Application is provided on an “as is” and “as available” basis with no representations or warranties of any kind.
- VIII.2. The Application is moreover provided without warranty of any kind, express or implied, including but not limited to the warranties of availability (also future availability), accessibility (i.e. there is no guarantee that the Application will be accessible from each operating system or electronic device), merchantability, fitness for a particular purpose and noninfringement. In no event shall Eventlist be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the use of the Application or the use or other dealings in the Application.
- VIII.3. The Professional User is not entitled to any refund of any amount already paid Services, in particular if such User decides to terminate the Subscription (the provision herein cannot be interpreted as stipulation of the right to terminate the Subscription) or if such User decides to delete their Account.
- VIII.4. The Eventlist shall not be liable to the User in connection with any actions or omissions performed by the User in connection with the use of the Application (e.g. incorrect data provided by the User).
- VIII.6. Any breach of this Terms of Service by a Professional User may result in immediate termination of the Agreement together with all Subscription and deletion of the Account.
- VIII.7. The Eventlist reserves the right to modify, add or delete any documents, information, templates, sites or other content appearing on or in connection with the Application, including these Terms of Service, at any time without prior notice of the Professional User.
IX. PROVISIONS REGARDING CONSUMERS
The Provisions of this section IX apply only to Consumers.
- IX.1. The Consumer is allowed to withdraw from the Agreement within 14 days after it is concluded.
- IX.2. The Consumer is allowed to withdraw from any Subscription within 14 days after it is bought.
- IX.3. The right of withdrawal shall not apply to the Service already performed if the performance of the Service begun with the Consumer’s prior consent. By accepting this Terms and Conditions the Consumer hereby acknowledges that once the Service is fully performed the Consumer loses their right of withdrawal from the Agreement in part regarding the Service already performed.
- IX.4. The Application may require additional confirmation of acknowledgement of the regulations stipulated in section IX.3 for the Service to begin immediately. Otherwise the Service may not be available for the Consumer before the 14 day period indicated in IX.1 ends.
- IX.5. After the Consumer executes the right of withdrawal, each party to the Agreement (the Eventlist and the Consumer) shall return to the other party whatever has already been received according to the Agreement.
- IX.6. The Consumer may execute his right of withdrawal by sending an e-mail to the address: [email protected]
- IX.7. The Consumer may (but is not required to) use specimen declaration of Execution of right of withdrawal, that may be found and downloaded here and that is sent to the Consumer together with an e-mail confirming concluding any of the Agreements.
- IX.8. To meet the deadline for execution of the right of withdrawal indicated in IX.4 it is enough to send the letter with declaration of execution of the right of withdrawal within this deadline.
- IX.9. The fact that provisions of Section X do not apply to the Consumers, shall not be interpreted so that opposite norms apply to Consumers (the provisions of Section X cannot be in the context of Consumers interpreted a contrario). For the purposes of interpreting the relations between the Eventlist and the Consumer, the provisions of Section X shall be deemed non-existent.
- IX.10. Complaints shall be resolved immediately, but not later than 30 days after they are filed.
- IX.11. After the complaint procedure stipulated in this Terms of Service is finished, the Consumer may file the case to the relevant court to pursue their claims. The Consumer may also use one of the available out-of-court complaint and redress mechanisms, including mediation and conciliation court. In the Republic of Poland such courts are run by the relevant unit of Trade Inspection (Inspekcja Handlowa). Also, local Commissioners for Consumer Rights (Rzecznicy Praw Konsumentów), relevant for particular city or county (powiat) may provide information and help to the Consumer. Specific information about availability of the out-of-court procedures may be available in offices of the relevant authorities (city and county Commissioners for Consumer Rights, Regional Trade Inspection Inspectorates) or on their websites and on the website of Polish Office of Competition and Consumer Protection (www.uokik.org). For other countries and jurisdictions the local authorities or organisations may provide and help and out-of-courts dispute resolution procedures for Consumers.
- IX.12. Notwithstanding the information indicated in section IX.11, the Provided reserves his right not to agree for any kind of out-of-court or mediation procedures, unless those are or become obligatory.
- IX.13. The Eventlist informs the Consumers about ODR (on-line dispute resolution) platform that functions under the address: http://ec.europa.eu/consumers/odr. This platform may be used to settle disputes between consumers and entrepreneurs.
- IX.14. The Eventlist is liable to Consumers for proper execution of the Agreements, as stipulated in any obligatory applicable regulations.
- IX.15. The Eventlist is not bound by any additional, non-obligatory codes of good practices, guidelines or other similar documents. Still, even according to the obligatory regulations, it is prohibited for the Eventlist to breach rules of fair competition and to commit unfair commercial practices.
- IX.16. At times when there is possibility to choose a free pricing option (to acquire Subscription for free), the Eventlist recommends the Consumers to first try to use such option to become familiar with the functionalities of the Application. If the User resigns from using the Application during such time-limited test period, the User does not bear any charges.
X. HARDWARE & COOKIES
- X.1. In order to fulfil the legal requirements, the Eventlist hereby informs that:
- X.1.1. usage of the electronic services, in particular of the Application, by means of the Internet, involves certain risks. The main one is the possibility of infecting the ICT system by viruses, malware and Trojan horses. In order to avoid the threats associated with them, it is recommended that the Users installed anti-virus software on their devices and ensure updating this software;
- X.2. For proper operation of the Application, User’s computer system should meet the following requirements:
- X.2.1. have access to the Internet;
- X.2.2. have an installed web browser in the newest version provided by the producer;
- X.2.3. the web browser must support Java Script and cookies;
- X.3. The User is solely responsible for installing, purchasing and configuring all hardware and software necessary for User’s access to and use of the Application.
XI. FINAL PROVISIONS
- XI.1. For purposes of the Professional Users, these Terms of Service shall be governed by and construed in accordance with the law of the Republic of Poland.
- XI.2. This Terms of Service constitute the terms of rendering electronic services within the meaning of Polish Act of 18th July 2002 on rendering electronic services (Journal of Laws of 2013, pos. 1422 with later amendments).
- XI.3. The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.
- XI.4. If any provisions of this Terms of Service expressly state that particular actions or omission constitutes breach or gross breach of the Terms of Service, it does not mean that failure to comply with any other provisions does not constitute such breach.
- XI.5. Unless the absolutely binding provisions of applicable law state otherwise, Polish state court having territorial jurisdiction over the address: Rynek Główny 1, Kraków, shall be competent to resolve any and all disputes that may arise in relation to these Terms of Service. This provision does not apply to the Consumers.
- XI.6. In the event that any provision of this Terms of Service is held unenforceable for any reason, the remaining provisions of this Terms of Service shall remain in full force and effect.
- XI.7. The Eventlist’s failure to enforce any provision of this Terms of Service shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any waiver by the Eventlist of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.