§1. General provisions
The Regulations define the principles of providing services electronically by the Service Provider to the User and the Business Client. If the Service Provider has concluded an agreement with the Business Client, these Regulations shall apply only to issues not regulated in the agreement with the Business Client.
The terms and conditions specify the terms and technical conditions for the provision of electronic services by the Service Provider, in particular through the website available on the Internet at https://joynt.works/.
Each User is obliged to comply with the provisions of the Regulations from the moment of taking actions aimed at using the Service, with particular emphasis on starting data transmission.
Consent to comply with the Regulations in the process of registration of the User means full acceptance of its conditions and results in the conclusion of an agreement between the User and the Service Provider in accordance with the provisions of the Regulations.
The terms used in the Rules of Procedure shall mean:
Pricelist - contains information on the amount of fees payable to the Service Provider for the use of Services.
Joynt - the trade name of the Platform, a trademark being the subject of the Provider's intellectual property rights.
Business Client - an entity which is not a consumer, e.g. an entrepreneur using the Services for their own business purposes.
Account - an area through which it is possible to use from the functionality of the Platform. The account is created after the registration.
Service Provider - Joynt SP. z o.o (LLC) with its registered office in Białystok at the address: Żurawia 71, NIP 9662142152, KRS number 0000854345, share capital of 5000PLN paid in full.
Platform - a computer program within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, made available by the Service Provider under the SaaS service.
Profile - a profile created by a Business Client or registered User, containing identifying information.
Registration - the procedure of creating an Account consisting in filling in and approving the registration form in accordance with the instructions.
Website - a website operating at https://joynt.works/ enabling access to the Platform.
Agreement - an agreement concluded by the Service Provider with a User acting as a consumer or by the Service Provider with a Business Client, concerning the provision of Services, the terms of which are specified in the Regulations. The Service Provider reserves that he is not a party to the agreements concluded between the Business Client and his clients, potential clients, employees, co-workers.
Services - services provided electronically within the meaning of the Act of 18 July 2002. on the provision of services by electronic means.
User - a person using the Services, including access to the content contained in the Website, functionality of the Platform. The User is a natural person, regardless of who is a party to the Agreement with the Service Provider.
§2. Intelectual property fights
It is forbidden to copy or modify, including deleting any part or parts of the Website/Platform or their functionality, as well as to modify or use them in a manner other than specified in the Regulations, without the prior consent of the Service Provider, expressed in writing under pain of invalidity.
The Service Provider owns the copyrights to the Website/Platform and other intellectual property rights, rights to Internet domain names as well as patterns, forms, logotypes, and use of them may only take place with the consent of the Service Provider.
The Service Provider has exclusive rights to the data published or made available through the Service/Database/Platform, indexes and other databases.
It is permitted to print parts of the website or download to the computer's hard drive and transfer to other people, provided that this is done only for informational purposes or other purposes permitted under applicable law.
Without the written consent of the Service Provider is prohibited:
use the content for business or professional purposes;
modify the content, incorporate the content of other studies.
It is prohibited to translate, adapt, change the layout or make any other changes to the Website/Platform, including its source code, except as permitted by law.
Except for the expressly indicated exceptions, the content is only of a general nature of information about the Service Provider's activity (including services) and therefore does not constitute an offer within the meaning of the Civil Code Act of 23.04.1964.
§3. Rules of use of the Services
The Service Provider shall make the Website/Platform available as a resource of its information and communication system.
The Website/Platform may be used only in accordance with its intended purpose. It is forbidden to take any actions which might interfere with their functioning.
In order to use the Services, it is necessary to have devices allowing access to the Internet, electronic mail and a web browser. It is necessary to have an active connection to the Internet.
The User on their own and on their own responsibility should ensure that the technical requirements of the device, its configuration, software updates and access to the Internet.
The devices should meet the following requirements:
computers (including: laptops, PCs) should be able to run a web browser.
§4. Type and scope of Services provided by the Service Provider
The Service Provider provides access to the content of the Website and the Platform.
The Service Provider enables a registered User/Business Client to access the Platform and use its functionalities, including:
Accounts;
Profile;
publication of comments, opinions;
participation in meetings, events, conferences;
organisation of meetings, events, conferences.
§5. General rules of use
The User may be a natural person who is over 18 years old and has full legal capacity.
The User and the Business Client obtains access to the full functionality of the Website and the Platform after accepting the Terms and Conditions, making a Registration and creating an Account.
The creation of an Account requires the completion of the Registration procedure, including providing the required, correct data.
The User/Business Client whose Account has been suspended may not use another Account or register again.
The User/Business Client may receive certain notifications via SMS to the telephone number provided.
By accepting the Regulations, the User/Business Client agrees to provide the Services specified in the Regulations by the Service Provider. The user who is a consumer acknowledges that the fulfillment of the service is connected with the loss of the right to withdraw from the Agreement.
The User has the opportunity to publish their opinions and comments. By posting an opinion, comment, the User agrees to make the content of the opinion and his/her data public. The opinion is signed by the User, who bears sole responsibility for the published content. Opinions and comments may be available to Internet users.
It is forbidden to include promotional, advertising and marketing content in opinions and comments.
The content of opinions cannot violate the law, personal rights or rules of social coexistence.
The Service Provider has the right to refuse to publish an opinion, or remove the published opinion in a situation where its content is contrary to the Regulations or the law.
Business Client and registered User through the Platform may organize events, events, meetings, as well as advertise, promote and offer participation to other Users.
The events, events, meetings, etc. organised may not violate applicable laws, rights or goods of third parties (in particular copyright and other intellectual property rights), nor may they violate good manners. In particular, the descriptions may not contain content of a paedophile, sexual, offensive or discriminatory nature (e.g. on the grounds of age, gender, sexual orientation, worldview, religion), inciting to violence, inciting to the violation of the law.
The Service Provider reserves the right to remove an event, meeting, event, etc. that violates the rules described above.
The moment the information is placed in the Profile, information about the event, meeting, etc., including the placement of a trademark or other graphic designations, photos, the User and the Business Client grants the Service Provider a non-exclusive, free of charge license to use the content (including materials, graphics) and image (in the case of its publication) in the following fields of exploitation:
within the scope of recording and multiplication of the work - production of copies of the work using a specific technique, including digital, magnetic recording and printing and reprographic techniques;
as regards circulation of the original or copies on which the work is recorded, the placing on the market of the original or copies of the work;
as regards distribution of the work by means other than those specified above, the public performance, exhibition, display, reproduction and broadcasting, rebroadcasting and making the work available to the public in such a way that everyone can access it at a place and time of their choice, including making the work available on the Internet.
The scope of the licence includes the right of the Service Provider to use the content within the Platform to ensure the functioning, promotion and advertising of the Platform and the posted content - also after the termination of the use of the Platform, including the termination of the Account.
In the event that the published content contains an image of the User or third parties, the User grants the Service Provider free of charge for the use of the image, in particular for marketing and promotional purposes, on the terms and fields of exploitation indicated above.
The User bears full liability to the Service Provider for damages caused by the placement of content violating the rights of third parties.
§6. Fees
The Business Client is obliged to pay the Service Provider the Subscription Fee in the amount and on the terms specified in the Price List which is part of the Agreement. The Price List is available here https://joynt.works and is part of the Agreement.
The User is obliged to pay the Service Provider the Subscription Fee only if the Terms and Conditions provide so.
The Fee is due for the use of the Platform, including functionality.
The Service Provider allows the use of additional services. Ordering additional services is possible through an Account.
Failure to pay the fee or part of it within 14 days of receipt of the invoice will result in suspension of access to the Services and suspension of the Account.
Renewal of access to the Services and unblocking the access to the Account shall take place within 24 hours, on the first working day after receipt by the Service Provider of payment of the entire due Fee together with statutory interest.
The Fee shall be deemed to have been paid at the moment when the full amount is credited to the Service Provider's account.
The Business Client/User agrees to receive invoices in electronic form in accordance with the Act of 11 March 2004 on Goods and Services Tax to the e-mail address indicated by him/her.
The Service Provider provides the opportunity to pay for services through entities cooperating with the Service Provider.
§7. The rights
The Service Provider is entitled to control compliance with the Regulations, including verification and control of the posted content. The content may be verified for its authenticity and compliance with the Regulations and legal regulations.
The Service Provider is entitled to remove content, including images, which in any way violate the law, violate the rights of third parties, good manners, rules of fair competition or provisions of the Regulations.
The Service Provider is entitled to suspend the Account if it is used to act in any way contrary to the law, violating the rights of third parties, good manners, rules of fair competition or provisions of the Regulations.
The User/Business Client shall be informed about the removal of the content or suspension of the Account together with the reason.
The Service Provider reserves the right to temporarily discontinue the provision of Services in the event of failure, reviews or modernization of the ICT system. In the case of a complete shutdown of the system operation, an appropriate message shall be published on the website.
§8. Responsibility
The Service Provider shall be liable for damages incurred in connection with improper performance of Services only to the extent specified in the Regulations.
Service Provider is liable as for his own actions or omissions, for actions or omissions of persons from whom he performs services provided electronically, as well as persons to whom he entrusts the performance of these services.
The total cumulative liability of the Service Provider for tort, non-performance or improper performance of the Agreement, including for loss of profits, loss or damage to data or information, whether or not they arise from the Agreement is limited to 1 (one) Subscription fee, for the subscription period preceding the date of the claim. The Service Provider shall not be liable for lost profits, including potential profits.
The Service Provider shall not be liable for non-performance or improper performance of the Services if it is caused by third parties (in particular, suppliers of telecommunications services, electronic mail, suppliers of telecommunications lines and electricity).
The Service Provider is not responsible for the inability or impediments to use the Services resulting from reasons attributable to the User / Business Client, in particular, for the loss or possession by third parties (regardless of the manner) of the password to the Account.
The Service Provider shall not be liable for damages caused by actions or omissions, in particular for the use of the Services in a manner inconsistent with the applicable law, the Regulations, available instructions or their purpose.
The Service Provider is not responsible for the timeliness, correctness, completeness and accuracy of the content of the Website/Platform. In particular, the Service Provider shall not be liable for the content containing descriptions of services offered.
The Service Provider shall not be liable for maladjustment or defects of computers, software and installations of the User and shall not repair, adjust or adapt them.
In the case of a defect, its removal should be made as soon as possible and in the order of notification. If the defect cannot be rectified within 5 (five) working days from the notification, the Service Provider shall specify the deadline for its rectification and provide this information to the notifying User.
§9. Complaints
The Service Provider shall operate an internal complaint handling system within the meaning of Article 11(1) of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users using online mediation services. Complaints concerning the issues listed in the Regulation may be submitted via the email address info@joynt.works.
The User has the right to make a complaint about services provided by electronic means.
Complaints may be submitted in accordance with the rules described below.
Complaints must be submitted by e-mail to the e-mail address info@joynt.works.
The complaint will be considered within 14 days of its receipt.
The Service Provider reserves the right to extend the time limit for the handling of the complaint due to the intricate subject matter of the complaint, or a large number of reported complaints. In such a case, the User shall be provided with information on the extension of the time limit for the complaint handling together with the reason for the extension.
The complaint should contain the following information: identification data of the complainant (name, surname, e-mail address indicated during Account registration, customer number), description of the reported problem, indication of the date of problem occurrence (day, month, year).
The Service Provider reserves the right to request from the complainant to provide additional information or explanations in a situation where the recognition of the complaint requires it. Explanations or information should be provided within 7 days of receiving the request. The Service Provider reserves the right that the complaint may not be resolved due to lack of sufficient information.
The decision on the complaint shall be delivered to the e-mail address indicated during Account registration.
§10. Security rules
The Service Provider informs that in connection with the use of services provided by electronic means, the User remains exposed to threats, including in the form of:
operation of spying software,
impersonating for the purpose of fraudulent misrepresentation,
computer viruses,
spam.
The risks relate not only to computers but also to other mobile equipment such as smartphones and tablets.
Spyware is such software which can be installed on the User's device in a hidden way, e.g. by entering a prepared website or launching a file sent in the post office. It can monitor/send to the attacker both the data placed on the device and the User's actions: mouse movements, text typed in from the keyboard, start previewing/listening from the camera and microphone.
Phishing is the placing on the Internet of fake websites imitating the original ones and to persuade Users to log in to them, e.g. by sending a crafted mail message which pretends to be a message from an authentic institution or person. The aim is to intercept access data to the service (login, password).
A computer virus is malware that is transmitted by saving an infected file on a data carrier, e.g. a hard disk or a flash drive. The purpose of a virus is to steal or delete data, interfere with the device or take control over it. Most often a computer virus is infected after downloading files from an untrusted Internet source or opening an attachment in an e-mail.
Spam are unsolicited or unnecessary electronic messages sent simultaneously to many recipients. They often carry computer viruses, spyware and links to malicious sites.
In order to ensure safe use of the Internet, every User should:
ensure the safety of the device being used. In particular, the device should have an antivirus program with an up-to-date virus definition database, an up-to-date and secure version of the Internet browser and a firewall on,
check periodically that the operating system and the programmes installed on the device have the latest updates, as errors detected in previously installed software versions are used in attacks,
secure access data to services offered on the Internet - e.g. logins, passwords, PINs, electronic certificates, etc., such data should not be disclosed or stored on the device in a form that allows easy access and reading,
be careful when opening attachments or clicking on links in messages that we did not expect from unknown senders, for example. If you have any doubts, you should contact the sender,
use antiphishing filters or other tools to verify that the page displayed is not fraudulent.
download and install files only from trusted sources,
establish a secure and hard to crack network access password (Wi-fi). The use of trusted standards of encryption for wireless Wi-Fi networks such as WPA2 is also recommended,
control physical access to devices.
§11. Data processing
Users provide data on a voluntary basis, with the proviso, however, that failure to provide certain data may prevent the use of certain Services.
The User and the Business Client are obliged to update their personal data, in particular the personal data in the Account and Profile.
In connection with the implementation of the Agreement, personal data of the User / Business Client and other information made available by him will be available to the Service Provider and entities cooperating with him, as well as to the extent necessary to provide the Services - for other Users and users of the Internet.
The User/Business Client acknowledges that by posting his or her data in the Account and Profile, he or she agrees that the name of his or her activity, name/pseudonym and image shall be available to all Internet users.
Users acknowledge that by submitting data within the Account/Profile they agree:
to make his/her name and image available to all Internet users;
to contacts from other Users.
The data (name, seat, contact details, image, trademarks, business information, opinions about the activity and the way of providing services) as well as about the User (name, surname, pseudonym, image, avatar, opinions) may be available to Internet users.
During the Registration process, the User may consent to the processing of his/her personal data for purposes not related to the performance of the Agreement concluded with the Service Provider, as well as consent to receive commercial information and conduct electronic communication from the Service Provider and Business Clients.
Notwithstanding the above provisions, the Service Provider, as a separate administrator of personal data, processes personal data of natural persons in order to provide services provided electronically and for other purposes specified in the Privacy Policy, which is attached to the Regulations and available at https://joynt.works.
If the Business Client uses the tools provided by the Service Provider, then, in accordance with Article 28 of the GDPR, the Business Client entrusts the Service Provider, to the extent necessary, with the processing of personal data. The content of the entrustment agreement for the processing of personal data is attached to the Regulations. Acceptance of the provisions of the Regulations is equivalent to the conclusion of an entrustment agreement. The entrustment agreement is available here https://joynt.works.
Users/Business Clients may receive from the Service Provider at the e-mail address indicated or through the software information concerning the functioning of the software, as well as other communications not containing commercial or marketing content.
The User/Business Client has access to personal and non-personal data included in the Account and Profile.
The Service Provider shall not be liable for making the Business Client's Account available for the purpose of its service. In this case, the Business Client shall acquaint the designated person with the rules of personal data processing adopted by the Service Provider, including the content of the Privacy Policy. In such a situation, Service Provider may process ordinary personal data of Service Provider's employees, associates, representatives, proxies (including identification data, contact details, information about the place and position, image).
§12. Amendments to the Regulations
The Service Provider is entitled to change the Regulations in the case:
changes in legal regulations or their interpretation;
the imposition of certain obligations by the State authorities;
amendments to the Price List;
organisational changes, including those related to the operation of the Website/Platform or servicing Users;
technological and functional changes;
changes in the scope of provided Services or functionality, including introduction of new ones;
editorial changes.
A change in the Regulations shall become effective within 15 days of notification of the changes and make the new version of the Rules of Procedure available.
The Service Provider shall inform the User and the Business Client about the change of the Regulations and the possibility of accepting the change during the first login to the Account, starting from the moment the changes come into force.
The new version of the Regulations shall be published on https://joynt.works and sent to the e-mail address assigned to the Account.
The Service Provider reserves the right to introduce changes to the Regulations without observing the 15-day deadline, with immediate effect, in case of:
when the introduction of changes results from a legal obligation or decision of a competent authority, and the need to introduce the required changes makes it impossible to meet the aforementioned 15-day notice period;
the amendment is necessary in order to prevent fraud, malware, data breaches or other threats to cyber security.
The User and the Business Client may accept changes or cancel the Services. In the absence of explicit acceptance of the new version of the Regulations, the first action made after the entry into force of the changes is considered to agree to provide the Services under the new rules.
In the case of non-acceptance of changes, in order to terminate the Agreement with the Service Provider should immediately, no later than 15 days from the announcement of changes, notify the Service Provider by e-mail: info@joynt.works.
The termination of the Agreement in the above manner shall be effective after 15 days from the notification of changes in the Regulations.
§13. Termination of the Agreement
The Agreement is concluded for an indefinite period.
The User/Business Client has the right to terminate the Agreement at any time with a 30-day notice period. After the expiry of the notice period, it will not be possible to use the Services.
Third In the case of repeated violation of the Regulations, the Service Provider may terminate the Agreement by giving 30 days' notice.
In the event of violation of the law, the Service Provider may terminate the Agreement with immediate effect. In this case, the possibility of using the Services, including access to the Account shall be automatically suspended.
If the Agreement was terminated on the basis of the decision of the Service Provider, the User/Business Client is not entitled to re-register the Account without the prior consent of the Service Provider. In the case of refusal to re-register, the Service Provider shall inform about the refusal within 14 days to the indicated e-mail address.
Except for the situations of using the rights provided by the GDPR, the User after the expiry of the Agreement has no access to the data provided or generated by him.
Within 14 days of the conclusion of the contract for the provision of services electronically with the Service Provider (Account Registration), the User who is a consumer may withdraw from it without giving any reason. Statement of withdrawal from the Agreement may be sent to the e-mail address info@joynt.works or by post. For this purpose, the User may use the template available at https://joynt.works. The right to withdraw from the Agreement does not apply to the User who has used the Services, including reporting participation in an event, etc., or who has a fee to the Service Provider for the Services, if such fees are collected.
§14. Applicable law and dispute resolution
Polish law shall apply to the Regulations.
The User who is a consumer has the possibility of using an out-of-court method of complaint processing and asserting claims before the Permanent Arbitration Court of the Consumer at the Provincial Inspector of Commercial Inspection in Warsaw. Information on the manner of access to the above mentioned procedure and dispute resolution procedures are available at the following address: http://www.uokik.gov.pl, under "Consumer dispute resolution". A consumer (including the Client) has the possibility to use the EU Online Dispute Resolution (ODR) platform, available at the following internet address: http://ec.europa.eu/consumers/odr/.
The Service Provider may attempt to settle the dispute with the User conducting business activity (i.e. the Business Client) through an independent mediator. If a mediation proposal is requested and accepted by the Service Provider, mediation shall be conducted by a mediator appointed by the Polish Mediation Centre (http://mediator.org.pl/) or the Mediation Centre operating at the Lewiatan Confederation based in Warsaw (http://konfederacjalewiatan.pl/mediacje).
Disputes related to the Services shall be resolved by the competent Polish common courts.
Disputes with the Service Provider shall be settled by the court having jurisdiction over the seat of the Service Provider.
In the case of disputes with consumers, they will be resolved by the court having jurisdiction under general rules.
§15. Final provisions
The Regulations are also available in the Polish language version .
The Regulations have been in force since 01.11.2020.
MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the agreement)
Joynt Sp. z o.o. (LLC) with its registered office at Białystok, Żurawia 71,
I, the undersigned, declare that I withdraw from the agreement.
The date of the agreement is ..............................................,
First and last name...................................................................