These Terms of Service shall prescribe the terms and conditions of using the Internet platform at the address marketplace.picksaas.com.
Services - services provided by electronic means by the Service Provider on the basis of the Terms of Service through the Platform;
Terms of Service - these terms of service regulating the provision of Services through the Platform
Newsletter - a free-of-charge service provided by electronic means, through which Users are notified on news on the Platform by receiving selected and edited content in the form of an electronic letter from the Service Provider
Content - any kind of materials hosted by the Service Provider, in particular in the form of opinions and reviews of Vendors’ services and entries on the Platform blog, which the User may browse or upload to the Service Provider’s server in an electronic form by means of the Services
Agreement - an agreement for provision of Services by electronic means concluded by and between the Service Provider and User, the general provisions of which shall constitute these Terms of Service
Service Provider - Picksaas sp. z o.o. residing in Europe – Poland – Wroclaw, Powstańców Śląskich 129/6, Zip code: 53-317, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Wroclaw-Fabryczna in Wroclaw – VI Commercial Department of the National Court Register under No. 0000732460; the mode of contact with the Service Provider: by e-mail; e-mail address: firstname.lastname@example.org; by mail (address for service as indicated above)
Platform - website available in the Internet at the address www.picksaas.com owned by the Service Provider
User - an entity with full capacity to perform acts in law using the Services within the frames of the Platform in connection with his/her business or professional activity
Vendor - The User who presents through the Platform applications, software and other services which are provided by electronic means and which are to support business or professional activity of other entities; Vendor shall also be understood as the User acting for and on behalf of the Vendor on the basis of relevant authorization
Personal Data - means personal data within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation – GDPR), processed by Picksaas z.o.o. (or a Sub-processor) on behalf of the Customer pursuant to or in connection with the Agreement.
In order to enjoy all functionalities of the Platform, the User shall satisfy the following minimum technical requirements:
a device with the Internet access which enables a correct display of the Platform interface,
an installed and updated version of the Internet browser: Internet Explorer (9 and higher), Chrome (30 and higher), FireFox (34 and higher), Opera (12 and 30 and higher), Safari (4 and higher);
an active e-mail account;
Any person willing to use the Platform shall be obliged to become acquainted with these Terms of Service first.
The Service Provider shall not place on the Platform any offers filed in an electronic form within the meaning of the provisions of the Civil Code. In particular, the provisions pertaining to filing an offer in an electronic form shall not apply in this regard.
The Service Provider shall provide these Terms of Service to the User free of charge on the Platform prior to the conclusion of the Agreement, as well as – upon his/her request – in a way which enables obtaining, copying and recording the content of the Terms of Service by means of a teleinformatic system used by the User.
The Users shall not be not allowed to provide content of unlawful nature.
The governing law for liabilities resulting from the Agreement and Terms of Service shall be the Polish law. The Agreements related to the provision of Services shall be concluded in the Polish or English language.
GENERAL TERMS AND CONDITIONS OF PROVISION OF SERVICES
If the Service requires providing data, including personal data, then the Service Provider shall mark the data necessary for performance of the Service and fields which shall be mandatory filled with such data.
The User may terminate each of the Agreements for provision of free-of-charge Services at any time without providing reasons, in the manner as specified in these General Terms of Service or in specific provisions of the Terms of Service. In particular, the User may resign from the Services rendered by means of interactive forms through refraining from using such Services.
The Service Provider shall provide the following free-of-charge Services to the Users: interactive forms available on Platform websites, reviewing Vendors’ services, Newsletter, software browser within the Platform, rating software, software rank and Users rank. Chargeable Services shall be provided to Vendors and shall be governed by the Vendor Terms of Service
The User may not publish any elements of the Platform, as well as materials provided on the Platform, to which he/she does not hold right, without the consent of Service Provider or authorized persons. The Users shall not have the right to record and copy the Platform on any storage carrier.
The Users may not use the Services, whether directly or indirectly, for commercial purposes, also by publishing advertising, sponsoring or promotional materials, or in any other way derive profits from the Services.
Actions within the frames of the rating and review system which may result in artificial overstating or understating Vendors reliability shall be prohibited.
By uploading the Content to the Platform, the User declares that he/she is its author or at least is entitled to use it and provide it to the Service Provider.
The User may not publish on the Platform Content which:
infringes personal rights or interests of third parties,
contains threats, incites aggression or contains elements of unlawful violence,
constitutes materials which may be used for unlawful, misleading, malicious or discriminating purposes,
is not suitable for persons of the age under 18,
evidently contradicts the rules of social co-existence or common moral and social norms or rules of netiquette.
contains vulgarisms and phrases which may in any way violate someone’s dignity
promotes websites which belong to neither the Service Provider nor any of the Vendors.
The Content published by Service Provider on the Platform is purely subjective and does not have promoting character. The Content does not aim at harming Vendors’ reputation and Service Provider does not take responsibility for the accuracy of presented data. Any inaccurate information presented on the Platform can be reported to email@example.com and will be corrected at the Service Provider’s earliest convenience.
Upon sharing the Content on the Platform, the User shall grant to the Service Provider a non-exclusive, free-of-charge license, with the right to grant further licenses, without any limitations as to the territory and time, to use and dispose of (which shall in particular consist in public performance, exhibition, as well as making the Content available in a way enabling anyone to access it where and when they see fit) the entire Content or a part of it in the scope necessary for provision and dissemination of Services, in this development of derivative works on its basis.
The above license may be terminated with immediate effect upon deletion of the Content to which it refers.
The Service Provider shall provide the Newsletter subscription service free of charge for the Users who give their voluntary consent to this.
The User may at any time terminate the agreement for provision of the Newsletter service by deactivating his/her subscription. Resignation from the Newsletter shall be executed through a relevant link provided in the footnote of each message sent under the Newsletter service.
In order to subscribe for the Newsletter, the User shall order the subscription by means of the form available on the Platform and by providing his/her e-mail address.
Upon activation of the button confirming the ordering of the Service, the Service Provider and User conclude the agreement for provision of Newsletter service for an unlimited period of time.
The consent concerning the receipt of commercial information by electronic means sent by the Service Provider shall be voluntary and the User may cancel it at any time.
picksaas.com stays compliant with GDPR (General Data Protection Regulation) and obliges the Users of the Service to respect the principles of the regulation when processing personal data of EU citizens
PROMOTIONS / PAYMENTS
Service Provider may offer limited time promotions to chosen Vendors’ products available at the Platform.
The User has the right to use the Promotion during its time period, indicated in the purchase page of the product
In order to be entitled to receive the quoted discount, the User shall meet all of the below conditions:
The User has to purchase the chosen product at Vendor’s website within 24 hours after providing the required information at the product’s purchase page and clicking “purchase button”,
The User has to purchase the chosen product only right after being redirected to the Vendor’s webpage, without closing its web browser, browser tab or browsing through other websites.
If the User decides to return the product to the Vendor, demanding the money to be given back, he will be obliged to return the received chargeback to the Service Provider.
The Service Provider may deny to provide the chargeback, even after User’s purchase if he has reasons to believe that that the User has an intention of performing a fraudulent transaction, meaning the User intents to pay for the product, collect the chargeback and subsequently give back the product to the Vendor and not give back the chargeback to Service Provider.
The Service Provider does not guarantee receiving a discounted price after the contact with Vendor.
The Service Provider shall provide teleinformatic infrastructure and ensure its smooth technical operation, what shall constitute the scope of its liability for the Platform and Services.
The Service Provider shall not be held liable for any damage resulting from:
infringement by the User of the provisions of these Terms of Service,
the Content presented on the Platform, in particular opinions or reviews and Users actions following reviews or software rating,
quality of Vendors’ services,
removal of the Content by the Service Provider for reasons attributable to the User,unless such damage results from intentional action of the Service Provider.
The Service Provider shall not verify Vendors. The User shall use a link to Vendor’s website at his/her own risk.
The Service Provider shall not verify reviews and opinions shared by the Users on the Platform and shall not be held liable for their content.
REPORTING INFRINGEMENTS AND COMPLAINTS
The User shall have the right to file a complaint concerning operation of the Platform. The complaint should include at least details enabling identification of the User (first and last name, address for correspondence, optionally telephone number) and state reservations and comments concerning the Platform or the Services. The complaint shall be sent at the e-mail address firstname.lastname@example.org or at the address of the registered office of the Service Provider as stated at the beginning. If the complaint needs to be complemented, then the Service Provider shall request the complaining person to make the complaint more specific.
The User who has noticed data of unlawful nature, in particular infringing copyrights, shared on the Platform should immediately notify the Service Provider on such fact at the e-mail address email@example.com. If the Service Provider receives reliable information on unlawful nature of data or activity related to them, then the Service Provider shall immediately prevent access to such data, but first shall notify the User who has placed such data on the Platform on its intent to prevent the access to them.
In such cases, the Service Provider shall not be held liable against the User for any damage resulting from preventing the access to such data.
The Service Provider shall take a stance towards the complaint within 14 (fourteen) days from the receipt of such complaint if it had been filed correctly. The User shall receive a response at the address, from which the complaint has been sent, or at the address stated in the complaint notification form.
AMENDMENT TO THE TERMS OF SERVICE
The Users shall be notified on any change to these Terms of Service, as well as the reason of such amendment by a message, which shall be displayed on the homepage of the Platform 14 (fourteen) days before they come into effect.
The Service Provider may amend these Terms of Service due to material reasons, whether legal (change of generally applicable law or change of organizational form of the Service Provider) or technical (modernization of the Platform or Services).
The User shall accept anew or refuse to accept the provisions of the Terms of Service.
The Service Provider may transfer all or a part of rights and obligations resulting from the Terms of Service to a third person or entrust a third person with enforcement of those rights and obligations.
Any disputes arising out of the concluded Agreements or User’s using the Website shall be subject to the Polish law and Polish common courts with the local jurisdiction over the registered office of the Service Provider.
To any matters not specified in these Terms of Service, relevant provisions of the generally applicable law, in particular of the Act of 23 April 1964 – the Polish Civil Code, and with regard to Vendors – Vendor Terms of Service, shall apply.
These Terms of Service shall be effective as of: 06/04/2017.