REGULATIONS OF THE WWW. EXPATCAFE.PL WEB SITE
I. GENERAL PROVISIONS
- These Regulations set out the general conditions, rules, and manner of electronic provision of Services through the www.expatcafe.pl web site (hereinafter referred to as the “Web site” or “Site“).
- The Web site has an informational and service character. Its community consists mainly of foreigners who intend to move temporarily or permanently to Poland, looking for work in Poland and entities conducting business in Poland, interested in professional cooperation with foreigners. The Service Provider, through the Site, provides a space where the Users can read the announcements dedicated to them, published by the Users-Announcers, as well as information presented by the Service Provider, relevant for foreigners arriving, living or working in Poland, in particular on dealing with official matters, looking for a job or using the health service. Additional information related to the nature and subject matter of the Site and the Service Provider’s operations are presented by the Service Provider through articles published on the Site blog.
- The Web site is operated by Katarzyna Siewruk conducting business activity under the business name ExpatCafe
- The Service Provider may be contacted by:
- by e-mail to firstname.lastname@example.org;
- post at the following address: Komuny Paryskiej 44/29, 50-451, Wrocław
- by phone: +48 600 148 224;
- by using the contact form available on the Site.
- These Regulations are made continuously and free of charge available by the Service Provider on the website www.expatcafe.pl in a manner allowing the Users to obtain, reproduce and record their contents by printing or saving on a carrier at any time by means of a computer system used by the User.
- All rights to the Web site, including proprietary copyrights, intellectual property rights to its name, domain name, website, as well as to the forms, logotypes belong to the Service Provider, and the use of them may take place only in the manner specified and in accordance with the Regulations and legal regulations.
- The Service Provider reserves the right to place on the Web site advertising contents concerning the services offered, as well as goods and services of third parties, in forms used on the Internet. The use of such offers or services is not part of the Site, and their principles are determined by the relevant third parties.
- These Regulations set out, in particular, the rules for the use of the Web site, the Services, the conditions for the provision of Services, the conditions for entering into and termination of Contracts for the provision of Services, and the procedure for complaints.
- The Service Provider informs that the use of Services provided electronically may involve risks for each Internet User, consisting of the possibility of introduction of malicious software to the User’s ICT system and acquisition and modification of his/her data by unauthorized persons. In order to avoid the risk of occurrence of the aforementioned threats, the User should use appropriate technical measures to minimize their occurrence, in particular anti-virus software and firewall.
- The rules for providing other Services within the Site, including paid Services, may be specified in additional regulations.
The terms used in this document have the following meanings:
Web site/Site – website available at the domain www.expatcafe.pl, owned and administered by the Service Provider, where Users may view information on the Services provided by the Service Provider, the manner of using these Services, as well as Advertisements made available by Users within the Site;
Service Provider – Katarzyna Siewruk conducting business activity under the business name ExpatCafe, registered in the Central Registration and Information on Business conducted by the minister competent for the economy at the address Komuny Paryskiej 44/29, 50-451, Wrocław, Tax Identification Number (NIP ): 8981925195, Statistical Identification Number (REGON): . 021192836 ;
User – a natural person with full capacity to perform acts in law and a natural person running a business, a legal person or an organisational unit without legal personality, which has been granted legal capacity by the legislator, and which may use the Services available on the Site;
Registered User – a User who has registered with the Site, has an active Account and may use certain Services available on the Site within the Account;
Announcer – an Entrepreneur who has registered with the Site as an Announcer, has an active Announcer Account and can make use of the Services dedicated to Announcers, in particular, the placement of Announcements on the Site;
Announcement – a temporary publication of the Announcer on the Site, constituting information on staff recruitment, services provided by the Announcer, and other contents consistent with the specificity and nature of the Site, created, added, and presented by the Announcer. The announcement does not constitute an offer within the meaning of the Civil Code;
Consumer – a User who is a consumer within the meaning of Article 22 of the Civil Code;
Entrepreneur – a User who is an entrepreneur within the meaning of Article 43 of the Civil Code;
Services – services provided by the Service Provider to the Users electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Account – a part of the Site assigned to a given User, by means of which he/she may perform certain actions indicated in the Regulations and directly on the Site. The scope of actions that can be performed by the User and functionalities available within the Account may vary depending on the paid Services purchased, regulated in separate regulations;
Profile – the part of the Site assigned to the Announcer which is publicly available to all Users of the Site and which is used for the presentation of the Announcer, in particular, information on the business conducted by the Announcer, services provided outside the Site and Users’ opinions on the Service Provider;
Registration – a one-time action consisting in creating an Account on the Site. During Registration the User fills in the fields of an interactive form marked as obligatory and sends it to the Service Provider using the button under the form;
Blog – a subpage of the Site, where the Service Provider publishes thematic articles related to the character of the Site and the conducted business activity. Within this subpage, Users may add comments to articles presented by the Service Provider;
The contract for the provision of Services / Contract – the contract for the provision of Services, concluded between the Service Provider and the User, under the terms of these Regulations;
Consumer Rights Act – Act of 30 May 2014 on consumer rights ( Journal of Laws 2014, item 827);
Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means ( Journal of Laws 2002 No. 144, item 1204 as amended);
Civil Code – the Act of 23 April 1964 ( Journal of Laws 1964 No. 16, item 93 as amended).
III. TERMS OF SITE’S USE
- The Service Provider within the Site enables Users to use the Services it provides, in particular, such as the possibility to browse the contents of the Site, create an Account or add reviews and comments.
- The use of the Site may only take place according to the rules and within the scope indicated in the Regulations.
- The minimum technical requirements to use the Site include:
- a device with Internet access,
- access to e-mail,
- Software to read and save PDF files.
- Users are prohibited from using the Site or Services in a manner that violates the law, good manners, the personal interests of third parties, or the legitimate interests of the Service Provider.
- The Service Provider shall provide paid and unpaid Services to Users, in accordance with the information presented on the Site and pursuant to the provisions of these Regulations. Some of the Services are addressed exclusively to Users who have registered on the Site and have an active Account or Announcer Account.
- Paid services are provided exclusively to Announcers based in Poland. The terms and conditions for the creation of an Announcer Account and the provision of Services to Announcers are set out in the Regulations for Announcers (Regulamin dla Ogłoszeniodawców).
- The Service Provider enables all Users of the Site to use the following free Services:
- browsing the contents of the Site with public status, including Announcers’ Profiles, Announcements, Blog articles, and other thematic information,
- creation and maintenance of an Account,
- Newsletter Service,
- searching for Announcers or Announcements,
- provision of an interactive form enabling Users to contact the Service Provider,
- adding comments to Blog articles and other thematic information,
- provision of an interactive form that allows Users to apply for the recruitment of employees carried out by the Announcer,
- provision of the functionality to add the Announcer to their favourites,
- adding opinions on the Announcers,
- provision of an interactive form allowing the User to contact the Announcer.
- The contract for the provision of the Service consisting of:
- browsing through the contents publicly available on the Site is concluded for a definite period of time and terminates when the User closes the website of the Site,
- creating and maintaining an Account is concluded for an indefinite period of time and terminates at the moment of sending a request by a registered User to delete the Account or deleting the Account by the User himself,
- sending the newsletter is entered into for an indefinite period and shall terminate upon the User unsubscribing from the newsletter,
- searching for Announcers or Announcements is concluded for a definite period of time and terminates as soon as the search results are displayed,
- providing an interactive form allowing the User to apply for a job offer of an Announcer is concluded for a definite period and terminates when the User sends a message using the form,
- adding and presenting comments on articles presented on the Blog and other information made available by the Service Provider on the Site is concluded for a definite period of time and terminates upon publishing the comment
- providing an interactive form enabling Users to contact the Service Provider is concluded for a definite period and terminated upon sending a message using the form
- providing the functionality of adding an Announcer to the favourites is concluded for a definite period and terminates upon the removal of the Announcer from the favourites by the User or upon the removal of the Announcer’s Account,
- adding and presenting the opinions about the Announcers is concluded for a definite period and terminates upon publication of the opinion,
- providing an interactive form allowing Users to contact the Announcer is concluded for a definite period and terminates upon sending of a message using the form available in the Announcer’s Profile or in the Announcement.
- The Service Provider has the right to organize occasional contests and promotional actions, the conditions of which will be specified on the website of the Site each time. Promotions on the Site cannot be combined, unless the regulations of a given promotion state otherwise.
V. RULES FOR THE PROVISION OF SERVICES
- Each User has the possibility to review information available on the Site, in particular information presented by the Service Provider in the form of Blog articles and other information relevant to foreigners coming to Poland or living or working in Poland, in particular on dealing with official matters, looking for a job or using the health service. Each User of the Site also has access to information presented on the Site by other Users, in particular to the contents of Announcements and information contained in the Announcers’ Profiles.
- The User has the opportunity to receive commercial information from the Service Provider in the form of messages sent to the e-mail address provided by the User (Newsletter Service). For this purpose, the User must provide his name and valid e-mail address. The User may at any time revoke consent to sending commercial information. The Newsletter shall be sent by the Service Provider only to the User who has subscribed to it.
- Each User has the ability to search for the contents included on the Site with regard to Announcers and Announcements. For this purpose, the User shall use the interactive search engines available on the Site, i.e. he/she shall enter the topic, keyword, or name he/she is interested in into the search engine field. The User may search the contents of the Site using a search category chosen from the categories made available in the search engine. In such a case the search engine displays only results contained in the category chosen by the User. The User has also the possibility of filtering the search results, which consists of setting the search results in the order consistent with the filter chosen by the User.
- Each User may, by means of the form available on the Site, send a message to the Service Provider. In order to send a message using the form, the User fills in the form fields, including the field intended for filling in the message content and then sends the message using the button dedicated to this purpose.
- Each User of the Site has the possibility to add and present on the Site individual and subjective comments on Blog articles and thematic information presented by the Service Provider using for this purpose forms available on the Site.
- By adding comments to the Site, the User declares that he/she holds all rights to such contents, in particular author’s property rights, related rights, and industrial property rights.
- By posting a comment, the User consents to the free use of that comment, regardless of the type of contents presented within the comment, and their publication by the Service Provider on the Site and in social media belonging to the Service Provider, as well as to the development of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83).
- Each User, using the form available on the Site, has the opportunity to apply for staff recruitment conducted by the Announcer. In order to do so, the User uses the form presented as part of the Recruitment Announcement, fills in the fields marked as mandatory, and sends the application using the dedicated button. The information indicated on the form is sent by the Service Provider directly to the email address of the Announcer who issued the Recruitment Announcement. The personal data filled in on the recruitment form are communicated to the Announcer and, in relation to this personal data, the Announcer is the independent controller of the personal data.
- The Registered User shall have the option to add an Announcer to his/her list of favourite Announcers by means of an interactive feature accessible from the Announcer’s Profile. The list of favourite Announcers is saved in the User Account.
- Each user has the possibility to add and present on the Site individual and subjective opinions on the Announcer who has a Profile on the Site. Opinions are added from the level of the Announcer’s Profile and relate in particular to cooperation with the Announcer outside the Site and the quality of the services provided by him/her. Within the scope of an opinion, the User may, in addition to the text, present a photo and add a rating using the functionalities of the feedback form. Within the scope of posting opinions on Announcers, points 6 and 7 above shall apply respectively.
- The User may use the form available on the Site, in the Announcer’s Profile, or in the Announcement, send a message to that Announcer. In order to send a message using the form, the User shall fill in the form fields, including the field for filling in the message content, and then send the message using the dedicated button. The message shall be sent via the Site to the email address of the Announcer indicated in his/her Account. The personal data completed in this form is communicated to the Announcer and in relation to this personal data, the Announcer is the independent controller of the personal data.
- The Site is not a place to enter into any contracts between Users, in particular between Users and Announcers. All information presented by Announcers on the Site does not constitute an offer within the meaning of the Civil Code. The Service Provider shall not mediate or assist in concluding contracts between Users but shall only provide tools to enable Users to contact Announcers.
- The Service of running an Account on the Web site is available after the Registration. The Registration takes place by completing and accepting the registration form, made available on the Site.
The User may not have more than one Account assigned to one e-mail address.
- The User may not use the Accounts of other Users and provide other persons with access to the Account, including disclosure of the password to access the Account.
- By completing the registration of an Account, the User declares that the data provided by him/her in the registration form is true and does not infringe the rights of third parties. The User within the framework of using the Account has the possibility of supplementing the data indicated therein.
- In the case of a User who is an Entrepreneur the actions aimed at creating an Account as well as other actions within the rendered Service of maintaining an Account can be performed only by persons duly authorized to act on behalf of this User.
- The Account contains the User’s data provided by the User during the Registration and data completed voluntarily by the User after the Registration. In the event of any changes to the User data included in the Account, the User is obliged to immediately inform the Service Provider by sending a message to the Service Provider’s e-mail address or to correct the data himself/herself, using the functionalities available within the Account.
- Viewing some of the contents presented on the Site and using some of the Services provided therein may require the User to register an account and log in to it.
- In the case of violation by the User of the provisions of these Regulations, the law or good manners, the Service Provider may terminate the Contract immediately (delete the Account) or suspend its performance under the Account. More information on immediate termination or suspension of the Contract is indicated in point VII of the Regulations.
VII. RIGHTS AND OBLIGATIONS OF USERS
- The Consumer, within 14 days of concluding a remote Contract (including the contract for the provision of Services), may withdraw from it without giving reasons by submitting an appropriate statement to the Service Provider. The User may formulate the statement independently or use a statement whose template is available on the Site.
According to the Consumer Rights Act, the consumer’s right to withdraw from the Contract is excluded, inter alia, in the case of a Contract for the provision of Services, if the Service Provider has performed the Service in full with the express consent of the Consumer, who was informed before the performance of the Service, that after the Service Provider’s performance, he/she will lose the right to withdraw from the Contract.
- Upon receipt of the Consumer’s notice of withdrawal from the Contract, the Service Provider shall send a confirmation of receipt of the notice of withdrawal to the Consumer’s e-mail address.
- The User is obliged to:
- act in a manner consistent with the law, good practice, and the provisions of these Regulations, with respect to the personal interests and intellectual property rights of third parties;
- provide factually accurate data in a not misleading manner;
- inform the Service Provider immediately of any changes in data affecting the performance of the Services;
- refrain from using any devices, software, or methods that could interfere with the operation of the Site;
- refrain from providing contents of an unlawful nature.
- The User may use Blog articles, information, and other contents presented on the Site or otherwise received from the Service Provider or other Users only for his/her own personal use in accordance with the Regulations for the duration of the Contract for the provision of Services. In particular, it is prohibited to publicly distribute these contents in whole or in part or their elaborations, use them for commercial purposes, translate, adapt or make any other changes.
- The User may not carry out actions aimed at overloading the inboxes of other Users or the Service Provider, and in particular, it is not permitted to send advertising messages.
- It is forbidden for Users to present and send information via contact forms, recruitment firms, in the Account or in any other place on the Site, which contains contents that are forbidden by law, violate the principles of good manners, or constitute acts of unfair competition. Contents presented and/or sent by Users may not, in particular:
- Violate human dignity;
- Contain contents discriminating on grounds of race, gender, or nationality;
- Contain pornographic contents;
- Offend religious or political beliefs;
- Encourage infringement or violation of the law;
- Contain any contents that infringe the law, including but not limited to copyright or other intellectual property rights, or encourage copyright infringement, including by providing any contents that may be used to infringe the copyright or other intellectual property rights.
- The Service Provider has the right to suspend the provision of the Services, as well as to terminate the Contract for the provision of the Services, after a prior ineffective request to the User to cease violations, in the following cases:
- If the Service Provider suspects that the User is in breach of the Regulations, applicable laws, or principles of good manners;
- If the User’s actions or omissions adversely affect the Service Provider’s good name or otherwise harm the Service Provider;
- If the Service Provider receives a complaint about the User’s activity, or in any other case when the Service Provider is in doubt about the conformity of the User’s actions with the specificity of the Site, the law and the principles of social coexistence;
- In the event that the User is in arrears with any payment to the Service Provider.
- A consumer has, among others, the following possibilities of using out-of-court ways of dealing with complaints and pursuing claims:
- The Service Provider has the right to suspend the provision of the Services, as well as to terminate the Contract for the provision of the Services, after a prior ineffective request to the User to cease violations, in the following cases:
- he/she is entitled to apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of a dispute between the User and the Service Provider.
- he/she may also lodge a complaint via the EU online platform ODR (Agricultural Advisory Centre), available at http://ec.europa.eu/consumers/odr/.
Information on how to access the aforementioned mode and procedures of dispute resolution can be found at the following address: www.uokik.gov.pl under “Settlement of consumer disputes”.
VIII. COMPLAINTS CONCERNING ELECTRONICALLY PROVIDED SERVICES
- The User may submit complaints regarding the Services provided as part of the Site, in particular their non-performance or improper performance.
- Complaints may be submitted in writing to the following address ExpatCafe, ul. Komuny Paryskiej 44/29, 50-451, Wrocław at the e-mail address: email@example.com or by telephone under the number +48 600 148 224
- In the complaint, the User should provide his/her name and surname, correspondence address, type, and description of the problem.
- The Service Provider undertakes to examine each complaint within 30 days, and if this is not possible, to inform the User within this period when the complaint will be examined. In the case of deficiencies in the complaint, the Service Provider will call the User to supplement it to the extent necessary within 7 days from the date of receipt of the request by the User.
IX. PERSONAL DATA PROTECTION
X. FINAL PROVISIONS
- The regulations are available in Polish.
- The provisions contained in these Regulations concerning the Consumer, regarding a withdrawal from the contract, complaint, and the procedure for introducing changes to the Regulations, shall apply to a natural person concluding a contract directly related to that person’s business activity, if it follows from the contents of that contract that it is not of a professional nature for that person, resulting in particular from the subject of that person’s business activity made available on the basis of the provisions of the Central Registration and Information on Business. The provisions on out-of-court settlement of complaints and pursuit of claims shall not apply.
- Reproduction or publication of these Regulations or any part thereof without the written consent of the Service Provider is prohibited.
- Unless otherwise stipulated by mandatory provisions of law, the governing law for the resolution of any disputes arising under these Regulations shall be Polish law.
- Any disputes arising under these Regulations, where the other party is not a Consumer, shall be resolved before a common court with jurisdiction over the Service Provider’s registered office.
- The contents of these Regulations are subject to change. Each User who is a Consumer shall be informed of any changes through information on the Site’s home page containing a summary of changes and the date on which they become effective. Consumers who have an Account shall additionally be informed of the changes together with a summary thereof to the electronic mail address indicated by them. The effective date of the changes shall not be shorter than 14 days from the date of their announcement. If a Consumer who has an Account does not accept the new contents of Regulations, he/she shall be obliged to inform the Service Provider about this fact in an e-mail message to the e-mail address indicated in point. I of these Regulations, within 14 days from the date of notification of the change of the Regulations. Lack of acceptance shall result in termination of the Contract for the provision of Services on the Site.
- Changes to the Regulations concerning Entrepreneurs, who are not natural persons concluding a Contract directly related to their business activity, when it results from the contents of this Contract that it does not have a professional character for these persons, in particular resulting from the subject of their business activity, made available on the basis of the regulations on the Central Registration and Information on Business, shall come into force as of the date of their publication on the Site.