TrainMe

Terms and conditions

§ 1. [INTRODUCTORY PROVISIONS]

The portal is operated and controlled by the Administrator.
The portal mainly makes it possible for Users to use the Functionalities.
Accepting the Terms and Conditions and the Privacy Policy is a prerequisite for access to the Portal or using the Functionalities.
The User should be aware of the fact that some Services or Functionalities - in part or in whole - are rendered by Partners, about which the User will be additionally informed before deciding to use such Functionality or Service. The Administrator is not a party to such contractual relations.
The Administrator is also not a party to contractual relations arising in connection with services offered by the Partners via the Portal or the Application.
Any capitalized definitions and other terms included and used in the Terms and Conditions have, first of all, the meaning assigned to them below:

Administrator - company under the name Face2Effect sp. z o.o. based in Poznań, registration address: ul. Promienista 83, 60-141 Poznań, NIP (Tax Identification Number) 779-239-34-14 REGON (business registration number) 301755642, share capital: PLN 5 000.00, entered into the register of entrepreneurs of KRS (National Court Register) under KRS No. 0000387761 the documentation of which is kept in the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register;
Application - Software for mobile and stationary devices made available for Users making it possible to use the Functionalities;
Banner - a form of transferring advertising content being a reference to products, services, websites, or other messages;
Customer Service Office - a User service office run by the Administrator constituting the Project's office and located in Poznań (60-141) at ul. Promienista 83;
Dotpay Settlement Center - a website functioning at dotpay.pl, administered by a company under the name Dotpay based in Kraków (30-552), at ul. Wielicka 72, registered under KRS no. 0000296790, the registration documentation of which is kept by the District Court Krakow – Śródmieście in Krakow, 11th Commercial Division of the National Court Register, share capital: PLN 4 000 000;
PayPal Settlement Center - a website functioning at paypal.com administered by a company under the name PayPal Inc, based in San Jose (95131 California, U.S.), 2211 North First Street;
PayU Settlement Center - a website functioning at payu.pl, administered by a company under the name PayU based in Poznań (60-166), at ul. Grunwaldzka 182, registered under KRS No. 0000274399, the registration documentation of which is kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, share capital: PLN 4 000 000;
Data - personal data as defined by the Act dated August 29, 1997 on personal data protection;
Goods - personal goods as defined by the Act dated April 23, 1964 - civil code;
Additional conditions - documents determining possible additional conditions on which some Services or Functionalities are provided as part of the Portal or using the Portal or the Application;
electronic means - communication between the Administrator and the User in Polish using the User's e-mail address assigned to the Account or Customer Service Office e-mail addresses competent in a given matter;
Action - actions as part of which the Polish Agency for Enterprise Development organizes competitions for projects related to introducing e-services and digital products to the market (as part of Priority VIII: Information Society - Increasing innovation of the economy and Action 8.1: Supporting business activity in the field of electronic commerce);
Facebook - social network functioning under the domain name: facebook.com;
Functionality - functionality within the Portal, in particular the possibilities: to create and maintain an account; to register covered routes; to select a diet for the User on the basis of parameters indicated by him/her; to create training plans for Users and modify them if necessary; to monitor the course of the training and completed progress; to integrate the Account and the Application with Facebook;
Consumer - a natural person performing a legal activity not directly related to his/her economic or professional activity;
Account - an account in the Portal;
License - license, as part of which the User entitles the Administrator to use the Content coming from the User or introduced to the Portal using the Account - on conditions specified in 7 of the Terms and Conditions;
License Period - a definite period calculated separately for each element of the Content covered by the License (from the moment when it was introduced to the Portal);
Software - any computer programs making it possible to use the Portal, Services or Functionalities;
Partner - entrepreneur or another entity being the Administrator's business partner, conducting his/her business activities also using the Portal or whose services (including the information about them) are made available to the User via the Portal or the Application;
Privacy Policy - privacy policy established by the Administrator concerning the Portal;
Rights - moral rights, economic rights, the right to make it possible to exercise derivative rights, patents, additional protection rights for inventions, protection rights for utility models or trademarks or rights from the registration for industrial models, integrated circuit topographies or geographical marking or rights of a similar nature;
Project - the Administrator's project entitled "The creation of an innovative TrainMe e-service making it possible to conduct a personal training plan and a healthy lifestyle", implemented as part of the Action, co-financed from EU funds and the budget of the Republic of Poland;
Extended license period - a definite period calculated separately for each element of the Content covered by the License (from the moment when it was introduced to the Portal);
Terms and conditions - these terms and conditions;
Complaint - request, referred to in § 14 of the Terms and Conditions, addressed by the Registered User to the Administrator concerning errors in the functioning of the Portal or the Application, inconsistencies with the Contract, as well as other claims related to the functioning of the Portal or the Application;
Portal - the Administrator's website, functioning under the domain name: trainme.pl
Network - transmission systems and commutation or redirecting devices as well as other resources which enable broadcast, reception or transmission by means of wires, radio waves, optical waves or other means using electromagnetic energy, regardless of their type;
System - a set of cooperating IT devices and software, ensuring the processing and storage, as well as the transmission and reception of data using the Network by means of an End Device proper for a given type of Network;
Territory - the territory of the Republic of Poland;
Contract - contract for providing Services;
End Device - an electronic or electric device intended for ensuring telecommunication, intended for connection directly or indirectly to the terminations of the Network;
Service - service, including the Functionality, provided using the Portal or the Application - without the simultaneous presence of the parties, through data transmission at the User's individual request, transmitted and received by means of devices for electronic processing, along with digital compression, and data storage, which is completely broadcast, received or transmitted by means of the Network;
User - entity which uses the Portal;
Registered User - User with an Account;
Technical requirements - the following technical requirements necessary for cooperation with the Administrator's System:

Requirements concerning stationary End Devices: (i) web browser Internet Explorer 9 or higher, Firefox 20 or higher, Google Chrome 26 or higher, Safari 5.1 or higher, Opera 12.1 or higher; (ii) cookies processing mechanism and javascript activated; (iv) Adobe AIR software installed;
Requirements concerning mobile End Devices: (i) Android, iOS or Windows Phone system; (ii) correctly functioning mobile browser with javascript and css / html mechanisms; (iii) Adobe AIR software installed;
The correct use any of the abovementioned applications requires the observance of minimum hardware requirements recommended by the manufacturer of a given application;
Using mechanisms blocking advertisements may cause an incorrect operation of the Portal or may completely prevent using it;
A correctly functioning mailbox (e-mail address) is required, first of all, to use selected Functionalities;

Content - any content published in the Portal, including information, ideas, opinions, photographs, audiovisual works or other messages, transmissions, materials, as well as data, models, analyses, solutions, agendas, action scenarios or lists;
Consent - a declaration of will expressing consent (not: implied or tacit from the declaration of will concerning of another content) to process the Data of the person who submits such a declaration (for the purpose and in the scope indicated in the Privacy Policy) and to receive commercial information from the Administrator or the Partners;
Malicious code - means a computer program or computer code damaging or otherwise adversely affecting computer systems (including the System or its elements), software (including the Software or the Application), computer networks (including the System or its elements or End Devices) or data (including Data)
Signs - any reserved information referring to the Portal and all elements of the Portal protected in terms of copyright or otherwise legally protected - excluding Content not coming from the Administrator or entities connected with the Administrator by appropriate contracts concerning Rights. The expressions or terms not defined in the Terms and Conditions, Additional conditions or the Privacy Policy will have the meaning assigned to them by the law, and when there is no such definition, they should be understood according to meanings valid in the legal trade.

§ 2. [TERMS OF USING THE PORTAL]

The User is aware of and accepts the fact that using the Portal, the Application or Functionalities is equivalent to accepting all provisions of the Terms and Conditions and the Privacy Policy. Accepting the Terms and Conditions and the Privacy Policy is equivalent with concluding the Contract.
Some Services or Functionalities provided as part of the Portal may be subject to Additional conditions. When using such Services or Functionalities, the User should observe the Additional conditions and the Terms and Conditions. In the case of inconsistencies between the Terms and Conditions and Additional conditions, the provisions of the Additional conditions prevail.
Both the Terms and Conditions, the Privacy Policy and Additional conditions, to which some Services or Functionalities are subject (in the scope concerning such Services or Functionalities), are made available free of charge before concluding the Contract in a manner which makes it possible to:

store and reproduce them in the normal course of activities;
obtain, play and record their content by means of the System meeting the Technical requirements.

The Administrator or the competent Partner provides the User with access to information about:

particular hazards related to using the Service provided by him/her,
the function and purpose of the Software or data not being a component of the content of the provided Service, introduced by the Administrator or the Partners to the System used by the User.

Unless it has been expressly stated otherwise, any: new functions in the Portal, Services or Functionalities are subject the Terms and Conditions and the Privacy Policy.

§ 3. [PRINCIPLES OF CONDUCT]

Using the Portal by Users is subject to any regulations valid within the Territory, therefore the Users agree not violate the standards articulated in these regulations. In particular, the Users undertake to observe the principles articulated below.
The Users' compliance with the provisions of the Contract, the Terms and Conditions, possible Additional conditions, commonly binding legal regulations, public order and good practice is a prerequisite for using the Portal, Services, the Application or Functionalities.
Using the Portal or the Application with the use of Malicious code; copying, damaging, decompiling or any other actions concerning the Portal or the Application exceeding normal use of the Portal or the Application are absolutely forbidden.
The Registered User acknowledges and agrees that his/her Data may be open to other Registered Users or Partners to the extent made available by him/her in the Portal.

§ 4. [CONTENT]

The Portal contains a combination of Content coming from: the Administrator, Registered Users or Partners.
The Administrator is the initiator of the transfer of data comprising or being an element of the Content marked only in a manner not raising any doubts as Content coming from the Administrator. The Administrator does not select the recipient of the transfer of such data and does not select or modify information included in such transmission.
The Administrator is entitled to verify the data transferred, stored or shared on the Portal comprising or being an element of the Content not marked in a manner not raising any doubts as Content coming from the Administrator.
The Administrator makes his/her best efforts to ensure that the information or other content comprising the Content coming from the Administrator is precise and correct. Nevertheless, the Content is delivered by the Administrator only for informational, educational or advertising purposes and that is why it cannot be identified with medical consultation or assistance or their substitutes. Therefore, any content comprising or being an element of the Content cannot be the basis for the User's or any other natural person's diagnostics or treatment or changing the method of diagnostics or treatment prepared by specialists.
The Administrator enforces the Terms and Conditions. Therefore, if he/she notices that any content comprising or being an element of the Content violate or may violate the Terms and Conditions, he/she has the right, without limiting other rights to which he/she may be entitled, notifying User being a Consumer, to:

modify, reject or remove the Content or its part;
suspend the User's right to use the Portal or the Application;
user any technical, legal, operational or other measures available to the Administrator in order to enforce the compliance with the provisions of the Terms and Conditions.

Users are responsible for any Content and other materials (regardless of their form or nature), which were sent, transferred or made available by the Users' data via the Portal or the Application.
Introducing the Content to the Portal by Users requires an active Account.
Users are absolutely forbidden to deliver content of an illegal nature.
In order to avoid doubts, Users are absolutely forbidden to post Content on the Portal containing data disclosing racial or ethnic origin, political views, religious or philosophical beliefs, religious, political or union affiliation as well as data about health, genetic code, addictions or sexual life or data concerning sentences, rulings about punishment and fines, as well as other decisions issued in court or administrative procedure – unless one of the cases indicated in Article 27 section 2 of the Act dated August 29, 1997 on personal data protection is valid.
Users declare and assure that each time they will be entitled to necessary Rights to content comprising or being an element of the Content posted by them on the Portal - on exploitation fields necessary for the functioning of this content in the Portal or the Application consistent with the law of the Territory and to each effective granting of the License.

§ 5. [NATURE OF INFORMATION]

The Portal and any content contained therein is only of informational or advertising nature and may not reflect the current condition of medical knowledge. No information contained in the Portal should be treated as medical advice or medical consultation or a surrogate of a consultation with a specialist, or a pharmacist authorized to perform his/her profession within the Territory.

§ 6. [ACCESS TO PORTAL]

Access to the Portal, the Content, Services or Functionalities is impossible when the User's End Devices do not meet the Technical requirements.
Users are aware of the fact that access to the Content, Services, the Application or Functionalities may depend on the User's status, fees submitted by him/her (for the benefit of the Administrator, Partners or third parties), the availability of services provided by Partners or expressing and not withdrawing the Consent.
Users also accept the fact that the Administrator does not guarantee:

the compatibility of services provided by Partners - including Services - with Functionalities,
the compatibility of Functionalities with other applications or portals, including social networks;
the simultaneous availability of Functionalities.

The User should be aware that:

the Administrator may store Data or other information related to the User's End Devices in the form of software, type cookies, to which the Portal's functioning is related;
the limitation or ban on the appearance of software, type cookies, as part of the User's End Devices may generate negative effect of using the Portal or the Application;
the Administrator may store or share Data, if required by law or if it is necessary for the needs of legal activities; the implementation of the Contract or providing a reply to reported violations, referred to below;
The User, deciding to use Functionalities or other Services provided by Partners, each time expresses his/her Consent. The recipient of the Consent in question is the Partner providing a given Functionality or another Service which the User decided to use, and the Partner should provide a given User with all information required by the law in the right time. Operations referring to the implementation of the abovementioned Functionalities or Services, performed on the Data, do not require the User to undertake any additional actions or articulating any additional declarations of will.

§ 7. [GOODS]

Access to the Portal is permitted only through the interface or the Application delivered by the Administrator in order to use the Portal or Functionalities. The User should post Content in the Portal and download Content from the Portal only by means of the Accounts and according to the provisions of the Terms and Conditions and applicable Additional conditions.
The Administrator or the Partner is entitled to the Signs. Signs are protected by law, without limitations, according to the law valid within the Territory. Any unauthorized use of the Signs will expose Users to civil or penal liability.
The User is aware of and agrees that by posting the Content in the Portal, the User:

expresses his/her consent to the Administrator's exercise of derivative copyright;
grants the Administrator a License on the following fields of exploitation (in full or in part): use, reproduction, modification, adaptation, publication, translation, distribution, performance - regardless of the form and with regard to any content comprising or being an element of the Content coming from the User or introduced to the Portal using the Account.
The license is a non-exclusive license, not limited with regard to the territory, free and sub-licensed (subject to the acceptance of its conditions). The license is granted for the License Period. The License Period is periodically extended to the Extended License Period, starting from the day when the previous license period expires. The User is entitled to terminate the License effective at the end of each license period (including the Extended License Period), with notice of termination submitted in the last month of a given license period (including the Extended License Period). In order to avoid doubts, by using the Portal, the User accepts and agrees that after the initial acceptance of the Terms and Conditions (when creating the Account) or accepting its changes, effective granting the License on the terms described here does not require the User to undertake any additional actions or articulate any additional declarations of will.
The User is aware of and accepts the fact that the copyright aspects of the User's using a specific Content, not coming from a given User, including as part of Functionalities, may be subject to the conditions of relevant Additional conditions, thus differing from the principles specified in the Terms and Conditions.

§ 8. [ACCOUNT]

The possibility to post Content on the Portal or use specific Services or Functionalities, as well as the Application, is available only after creating an Account. When registering an Account it is necessary to enter information indicated there according to the actual condition.
Each entity (as one and the same User) may have only one Account.
Users, after creating an Account, obtain the status of Registered Users.
The Account cannot be the object of trade.
By using the Portal, the User declares and guarantees that (accordingly):

he/she is an adult and has not been incapacitated to any extent;
is above 13 years and has the consent of his/her statutory representative to perform valid legal actions when using the Portal;
is fully authorized to represent the entity on behalf of which the Account is created, and his/her authorization has not expired, has not been revoked or otherwise limited.

In order to create an Account the User, being a Consumer, should fill in the registration form and enter:

name;
surname;
e-mail address.

In order to create an Account the User, not being a Consumer, should fill in the registration form and enter:

company;
e-mail address.

Data in the registration form entered by the User should be up-to-date and the User is obliged to immediately update it each time - not later than before making any legal activity when using the Portal.
When registering an Account, the User is provided with the up-to-date content of the Terms and Conditions and the Privacy Policy the acceptance of which is a prerequisite to activate the Account and use the Portal as a Registered User.
After filling in the form and the User's confirmation of the authenticity of data contained in the registration form, a message indicating the way to activate the Account will be sent to the e-mail address specified in the form.
Activation or keeping the Account may depend on the Administrator's verification of the abovementioned data, in particular on the User's providing the Administrator with information or documents required by the Administrator.
The Administrator reserves the right to block or delete Accounts when the Administrator obtains information that a Registered User cannot make valid legal actions when using the Portal or the User violates the rights of the Administrator, other Users, Partners or any third parties.
By using the Portal or the Application, in particular by creating an Account, the Registered User is responsible for:

keeping data concerning his/her Account, including the password, secret;
limiting third party access to the User's End Devices;
all activities performed as part of his/her Account - unless he/she demonstrates that specific activities were performed against his/her will, and he/she himself did not have and could not have influence on preventing these activities by third parties.

The User is entitled to delete his/her Account at any time.

§ 9. [FEES]

User registration in the Portal is free of charge.
Using some Services or Functionalities, in particular via the Application, may require the User to pay a fee to gain access or use such Services or Functionalities, according to the Additional conditions (also containing a price list, specifying the indicated fees) related to such Services or Functionalities.
Credit card, e-transfer or text message, type premium, transaction settlements are conducted via:

Dotpay Settlement Center;
PayPal Settlement Center;
PayU Settlement Center.

With regard to sales transactions conducted using the Portal, provisions of the Terms and Conditions and the relevant Additional conditions apply.

§ 10. [PRIVACY POLICY]

The Administrator respects the privacy of Users and wishes to protect it at all times. The Privacy Policy explains how the Administrator collects, uses and protects content concerning the Users, including the Data, within the Portal.

§ 11. [LIMITATION OF LIABILITY TOWARDS NON-CONSUMERS]

To the maximum extent permitted by law in the Territory, the Administrator under no circumstances is held responsible towards Users not being Consumers, under any basis for liability, including negligence, for any damage resulting from using or the inability to use the Portal, Services, the Application or Functionalities, even if the Administrator was informed about the possibility of the occurrence of such damage or such damage may be predicted. Using the Portal, Services, the Application or Functionalities, such User agrees that this limitation applies to any Services, Functionalities, the Content and other materials which may be available via, or in connection with using the Portal or the Application.
Any Content is downloaded from the Portal at the own request and risk of Users not being Consumers. The same conditions refer to using the Portal, Services or Functionalities. Without limiting the above, towards Users not being Consumers the Administrator is not liable for Malicious code, delays, inconsistencies, errors or shortages resulting from using the Portal.

§ 12. [PROTECTION BY NON-CONSUMERS]

Users who are not Consumers agree to secure, defend and protect the Administrator against liability and against any losses, expenses and costs (including court fees) incurred in association with any claims resulting from using the Portal or the Application by Users or third parties when using the Account, including the violation of the Terms and Conditions, the Additional conditions, regulations valid within the Territory or any rights of other Users or third parties.
The Administrator reserves the right to initiate or conduct, at his/her own expense, an exclusive defense and control of any claims, actions or other issues, in relation to which Users are obliged to secure the Administrator, as well as any negotiations concerning any agreement or compromise related to the above, while Users agree to fully cooperate with the Administrator, according to the Administrator's request, in order to defend against such claims, action or other action of entities raising claims.

§ 13. [VIOLATIONS]

If any person believes that any of the rights granted to him/her was violated within the Portal or when using the Portal, he/she should notify to the Administrator about this fact.
Notifications indicated in the section above should be performed using the Customer Service Office.
The Administrator recommends - in order to facilitate the response to possible violations - that the notification defined above contains the following criteria:

a precise designation of the person whose rights have been violated;
a precise description of the Content or equivalents of Signs violating the abovementioned Rights along with relevant documents attached;
a precise description of the place in the Portal where the violation takes place (along with the Portal's screenshots attached);
contact details of the reporting party;
the reporting party's statement that the information specified in the notification are to the highest degree accurate and consistent with the actual condition and are intended only to protect the violated rights, and not damage in any way the Portal, the Administrator or the entity which was accused of the violation and that the reporting party is an entity which is entitled to the violated rights or which acts on behalf of and for such an entity (along with a correctly prepared authorization attached).

§ 14. [COMPLAINTS]

Registered Users may file Complaints concerning the failure to perform or improper performance of the Services.
Complaints should be filed using the Customer Service Office: in writing or electronically, unless technical possibilities do not hinder such possibility.
The Complaint should contain:

the full name and place of residence of the Registered User (being a Consumer) or the company and registered office of the Registered User (not being a Consumer);
the identification of the object of Complaint and the complained period;
the presentation of the circumstances justifying the Complaint as well as any documents and information demonstrating the justified nature of claims attached;
the date of concluding the Contract;
subject to respective provisions of the Terms and Conditions, the amount of compensation or other receivables - when the Registered User demands their payment;
the bank account no. or relevant address to pay the compensation or other receivables or the request to apply towards future payments - when the Registered User demands payment of compensation or other receivables;
the signature of the Registered User or his/her representative - in the case of a Complaint filed in writing. When the Complaint is signed by the Registered User's representative, this representative is obliged to demonstrate his/her power of attorney using relevant documents.

The Administrator, unless he/she considers this is necessary to properly examine the Complaint, calls the Registered User to supplement the Complaint, if the Complaint does not meet the conditions specified in section 3 above. At the same time, the Administrator determines the date - not shorter than 7 days - and the scope of this supplementation with information that the failure to supplement the Complaint within the specified time will result in leaving the Complaint without examination.
After an ineffective expiry of the deadline specified on the basis of section 4 above, the Complaint is left without examination.
The Administrator replies to the Complaint via e-mail within 30 days from submitting the Complaint. The reply to the Complaint should contain:

the name of the Administrator's unit examining the Complaint;
reference to the basis for the adjudication;
decision about accepting or the refusal to accept the Complaint;
in the case of granting compensation - determination of the amount and the deadline for its payment;
in the case of the refund of other receivables - determination of the amount and deadline for its refund;
information about the exhaustion of the complaint proceedings; actual and legal justification - in the case of the refusal to accept the Complaint in whole or in part.

§ 15. [TERMINATION AND WITHDRAWAL FROM CONTRACT]

The Contract will be completely valid and effective until its termination by virtue: of the will to terminate the Contract expressed in writing - by the User or the Administrator (within the deadline determined in the Contract) or to delete the Account.
Termination of the Contract does not exempt the User from the obligation to cover any possible costs arising prior to the termination of the Contract, nor from the obligation to fulfill any other obligations towards the Administrator, Partners or third parties, created within the Portal or in connection with the Portal, from which the User was not exempt by the creditor in a manner not raising any doubts in writing.
A User being a Consumer may terminate the Contract within 10 days from concluding it, except for situations indicated in Article 10 section 3 of the Act dated March 2, 2000 on the protection of some consumer rights and the liability for damage caused by a hazardous product (Journal of Laws from 2002, no. 22, item 271 as amended).
Pursuant to Article 10 section 3 of the Act indicated in section 3 above, the right to withdraw from a remote contract is not granted to the Consumer in the case of:

when services started to be provided, with prior consent of the Consumer, before expiry of the deadline referred to in Article 7 section 1 of the abovementioned Act;
concerning audio and visual recordings and recordings saved on IT data carriers after the Consumer removed their original packaging;
contracts concerning benefits for which the price or remuneration depends only on the movement of prices on the financial market;
benefits with properties specified by the Consumer in the order submitted by him/her or strictly related to his/her person;
benefits which, due to their nature, cannot be returned or the object of which becomes quickly spoiled;
delivering press;
services concerning gambling.

§ 16. [FINAL PROVISIONS]

The Contract is concluded in Polish.
This document, as well as documents referred to in it, is subject to the legal provisions of the Territory.
If Users decide to use the Portal from a location other than the Territory, these Users are also responsible for compliance with legal regulations of the place where they gain access to the Portal.
Any provisions of the Terms and Conditions referring to the Administrator's limitation of liability and the Administrator's protection as defined by § 12 of the Terms and Conditions do not apply in the scope concerning Users being Consumers.
If any provision of the Terms and Conditions is recognized as invalid, the remaining provisions remain effective and are still binding.
Any disputes which may arise as a result of this document will be resolved by way of negotiations between the Administrator and the User who undertake to act in good faith to resolve the dispute equally taking into account the interests of the Administrator and the User.
When the procedure provided for in section 6 above proves ineffective, the dispute will be presented for examination by common courts with seat competent for the Administrator. The rules of this paragraph do not apply to Users being Consumers.