§ 1 Introduction
The Regulations (as defined below) define the conditions of the conclusion of an Agreement by PushPushGo sp. z o.o. with its registered office in Kraków, Ostatnia 1C / B2 31-444 Kraków, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków - Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the KRS number 0000688693, NIP (Tax Identification Number): 6751601766, REGON (Statistical Number): 367877285 (the "Service Provider") to Clients (as defined below).
The Regulations shall constitute the general terms of the Agreement.
§ 2 Definitions
The capitalised terms used herein shall have the following meanings:
Price List - a specification of unit Fees, available on the subpage of the Website https://pushpushgo.com/en/pages/pricing,
Calendar Days - consecutive days in the calendar,
Registration Form - the form completed by the Client for the purpose of concluding the Agreement,
Integration - the Client's activity consisting in adding the Integration Code to the source code of the Webpage, allowing the Client to conduct the Campaign through the Website,
Campaign - mailing by the Client through the Website of bulk Notifications, of the content established by the Client, displayed on the Subscriber's terminal equipment (e.g. phone, tablet, PC),
Identification Code - a sequence of characters generated by the Website, added by the Client to the source code of the Webpage, allowing the Client to identify Subscribers,
Integration Code - a sequence of characters generated by the Website, added by the Client to the source code of the Webpage in order to carry out the Integration,
Consumer - a natural person with full capacity to transact acts in law, who carries out with the economic operator a legal act that is not directly connected with its economic or professional activity,
Contact /Contact Data - the Service Provider's phone and address data that may be used by the Client to contact the Service Provider from Monday to Friday, i.e.
- correspondence address: Ostatnia 1C / B2 31-444 Kraków
- e-mail address: firstname.lastname@example.org
- mobile phone number: +48 12 312 5213
Account - a service provided by electronic means by the Service Provider to the Client as part of the Website through which the Client uses the Website functionalities,
Client - a natural person, including a Consumer, a legal person or an unincorporated association granted legal capacity by the Statute, using the Services provided by the Service Provider through the Website,
Test Period - the initial term of the Agreement,
Payable Period - the further term of the Agreement after the expiry of the Test Period to the date of termination or expiration of the Agreement,
Billing Period - the period defined in the Price List for which the Service Provider calculates the periodic Fee in the Periodic Plan,
Account Confirmation - an e-mail sent to the User by the Service Provider after the completion by the Client of the Registration Form,
Plan - one of the plans as part of which the Client is entitled to use the Website, during the Payable Period, described in detail on subpage https://pushpushgo.com/en/pages/pricing
Notification - a unit web push notification formulated by the Client, displayed on the Subscriber's terminal equipment,
Report - the Website functionality allowing the Client to monitor the course and effectiveness of the Campaign,
Regulations - these regulations,
Periodic Plan - the Plan as part of which the Client pays the periodic Fee for Billing Periods,
Flexible Plan - the Plan as part of which the Client pays in advance for the selected number of Campaigns and may use the Account until all the Campaigns for which it has paid have been used,
Registration - a declaration of will made by the Client through the Registration Form with regard to the conclusion of the Agreement
Website - the website available at https://app.pushpushgo.com through which the Service Provider concludes the Agreement with the Client,
Webpage - the Client's webpage with regard to which the Client carried out the Integration and through which Subscribers carry out the subscription,
Subscriber - a natural person, a legal person or an unincorporated association granted legal capacity by separate provisions, carrying out the subscription on the Webpage,
User - a natural person whom the Client has granted the right to use the Service on his behalf and to the extent determined by Client.
Contents - all and any contents, including information, photos, descriptions, graphics, placed by the Client in the Account, constituting in a part the works within the meaning of Article 1 of the Copyright and Related Rights Act of 4 February 1994, trademarks and industrial designs,
Agreements - the agreement regarding provision of Services by the Service Provider to the Client through the Website,
Services - the services provided by electronic means by the Service Provider to the Client through the Website, consisting in maintaining the Account for the Client and making available to the Client the Website functionalities, allowing in particular to conduct the Campaigns,
Fee - the fee due to the Service Provider from the Client under the Agreement
§ 3 General provisions
The Regulations have been prepared in Polish and in compliance with the provisions of the Polish law.
The Regulations and the attached template of the declaration on the withdrawal from the Agreement are available free of charge on the subpage of the Website defined in § 2 Section 16 hereof, in the manner allowing to obtain, save and replay, including in the html format, with the use of the ICT system used by the Client, and shall be provided to the Client in the pdf format together with the attached template of the declaration on the withdrawal from the agreement as an attachment to the Account Confirmation.
The Website shall provide tools allowing to conduct the Campaigns, to view Subscribers displaying the User's webpage, and to manage the Account and the User Profile.
The Client shall be obliged to provide true data for the purpose of using the Website.
The Service Provider shall provide the Services to Clients under the Agreement for a Fee.
The Service Provider shall bear no liability for any irregularities in the functioning of the Services as a result of non-fulfilment of the technical requirements by the Client.
The fulfilment of some of the technical requirements defined in Section 6 above may be connected with the necessity to incur charges, in particular for gaining access to the Internet. All and any costs connected with the fulfilment of the technical requirements shall be borne by the Client.
The Client may not perform the following activities, otherwise the Agreement shall be terminated with the immediate effect:
- provide contents of illegal nature, including contents non-conforming with the principles of community life,
- provide contents that violate rights, including copyright and third party rights,
- provide contents that do not comply with the principles generally accepted on the Internet,
- provide contents encouraging to hatred based on race, ethnic origin, religion, culture and sexual orientation,
- provide contents promoting pornography or violence,
- send spam within the meaning of Article 10 of the Act on Provision of Services by Electronic Means of 18 July 2002,
- use the Website in the manner hampering its functioning or in the manner that causes any disturbances to the Service Provider.
If the Service Provider receives an official notice or reliable information from any other Client or a third party of the nature of the data sent or stored on the Website, violating the provisions of Section 9 above or the activity connected with them, and violation of the provisions of the Regulations by the Client, the Service Provider shall immediately prevent the Client from access to the data or undertake actions aimed at remedying the breaches. The Service Provider uses cryptographic protection of electronic transfer and digital contents by means of application of relevant logical, organisational and technical measures, in particular for the purpose of preventing any third parties from access to data, including by SSL coding, application of passwords and anti-virus programmes or programmes protecting against unwanted software.
The Service Provider informs that despite its application of the securities set out in Section 10 above, the use of the Internet and the services provided by electronic means may pose a threat that harmful software may get to the Client's ICT system and equipment, or that third parties may gain access to the data stored in the equipment. For the purpose of minimisation of the afore-mentioned threat, the Service Provider recommends that the Client should use anti-virus programmes or measures protecting against identification on the Internet.
The Service Provider reserves a right to introduce service breaks as regards the functioning of the Website, up to 24 hours, of which Clients shall be notified through the Website.
Acceptance of the Regulations is voluntary, but in the event of non-acceptance of the Regulations by the Client the Client shall not be authorised to use the Website.
§ 4 Agreement
The Client may carry out the Registration and use the Website on a 24/7 basis.
The Client may use the Website only through the Account.
For the purpose of concluding the Agreement between the Service Provider and the Client the User shall complete the Registration Form, accept the Regulations and activate the "Open the Account" button located under the Registration Form.
After activating the button set out in Section 3 the Client shall receive, to the e-mail address provided in the Registration Form, the Account Confirmation together with the Regulations and the attached template of the declaration on the withdrawal from the Agreement, as well as the Price List in the pdf format.
At the time of carrying out the Registration the Agreement shall be concluded between the Service Provider and the Client for the Test Period reaching 30 Calendar Days of the date of activating the "Open the Account" button.
During the Test Period the Service Provider shall provide the Services to the Client free of charge. Following the expiry of the Test Period, subject to Section 7 below, the Agreement shall expire and the Account shall be partially blocked by the Service Provider by means of preventing the Client from conducting the Campaigns. The Client shall have access to the Account in the remaining scope.
During the Test Period and following the expiry of the Test Period the Client shall be entitled to select one of the Plans. The Client shall select the Plan through the Account by means of activating the icon dedicated to a given Plan, located in the Payments tab, and activating the "Select the Plan" button. At the time of activating the "Select the Plan" button an Agreement is concluded between the Client and the Service Provider for the Payable Period, for an indefinite period, from the date of activating the "Select the Plan" button to the termination or expiration of the Agreement.
If the Client does not select the Plan within the Test Period, following the expiry of the Test Period the Client shall have access to the Account, but it shall not be able to conduct the Campaign.
If the Client does not select the Plan within the Test Period, the Service Provider shall allow to conduct the Campaign immediately after the selection of the Plan (i.e. the conclusion of the Agreement for the Payable Period).
The Client may change the Plan within the Test Period and within the Payable Period.
In the event of the change of the Plan used by the Client into the Plan for which, in compliance with the Price List, the Client is obliged to pay a higher Fee than the Fee the Client was obliged to pay so far, at the end of the next Billing Period (defined in the Price List for the new Plan), the Client shall be obliged to pay the difference between the paid Fee due in compliance with the hitherto Plan and the Fee due in compliance with the new Plan, in proportion to the number of days of using the new Plan in a given Billing Period.
In the event of the change of the Plan used by the Client into the Plan for which, in compliance with the Price List, the Client is obliged to pay a lower Fee than the Fee the Client was obliged to pay so far, the difference between the hitherto Fee and the Fee due in compliance with the Price List for new Plan shall be treated as an advance for the next Billing Period (defined according to the new Plan), unless the Client being a Consumer requires that the overpaid amount should be refunded.
Each Party may terminate the Agreement with the immediate effect both within the Test Period and within the Payable Period.
At the time of concluding the Agreement the Client shall provide the login and password to be used by it for the purpose of gaining access to the resources of the Account. The password should contain at least 8 letters.
The Client may not make the login or the password available to any third party.
§ 5 Services
Under the Agreement the Service Provider shall provide to the Client, through the Website, for the Fee, subject to the provisions of § 4 item 6 of the Regulations, the following Services: conducting the Campaigns, identification of Subscribers, monitoring the effectiveness of the Campaigns in the form of the Report.
In order to conduct the Campaigns the Client shall be obliged to carry out the Integration after opening the Account.
The Client shall carry out the Integration by adding the Integration Code to the source code of the Webpage. The Client may remove the Integration Code from the source code of the Webpage at any time, in which event it shall be impossible to conduct the Campaigns. The integration process may be also undone with the use of the browser by means of activating the "Deactivate integration" button.
Notifications shall be edited by the Client. A single notification may consist of 30 characters, including spaces, as regards the notification title and 40 characters, including spaces, as regards the content of the Notification. In the content of the Notification the Client may also add a graphic file, which does not affect the number of characters that may be placed in the Notification.
For the purpose of identification of Subscribers the Client shall be obliged to add the Identification Code to the source code of the Webpage. The Client may, at any time, remove the Identification Code from the source code of the Webpage, but in such an event it will be impossible to identify Subscribers.
The Client may monitor the effectiveness of the Campaigns with the use of Reports. The Report contains information on the activity of Subscribers within the period of 24 hours of the mailing the Campaign.
Within the term of the Agreement the Client shall have access to the archival Reports in the "Campaigns" tab.
§ 6 The User's rights and obligations
The Client shall be obliged to use the Website in compliance with the Regulations.
In the event the Client uses the Website other than in compliance with the Regulations, in an illegal manner or in the manner that violates third party rights, the User shall cover the damage suffered by the Service Provider and third parties in connection with the said use by the Client of the Website, and all and any costs connected with pursuing by the Service Provider or any third parties of the said claims (including court costs, legal fees and fees due to experts).
In the event the Client uses the Website other than in compliance with the Regulations, in an illegal manner or in the manner that violates third party rights, the User shall appear before a competent court or authority at a request of the Service Provider or any third party.
The Client shall immediately notify the Service Provider of any issues connected with the functioning of the Website.
In the event of violation of the provisions of the Regulations or legal provisions in force by the Client, the Service Provider shall be entitled, at its own discretion, to:
- send a warning,
- terminate the Agreement with the immediate effect and delete the Account.
The Client declares that it holds economic copyright in the Contents or that it is authorised to use the Contents on any other legal basis, and that the Contents do not and will not violate third party rights in any manner whatsoever.
The Client shall bear all and any costs and liability connected with the use of the Contents.
§ 7 Fee and payments
The Fee due to the Service Provider from the Client shall be expressed in the Polish currency (PLN), EUR and USD.
The Client not being a Consumer shall be obliged to pay the Fee defined in the Price List as the net Fee plus output VAT.
The Client being a Consumer shall be obliged to pay the Fee defined in the Price List as the gross Fee, which includes all required taxes.
The Client may pay the Fee only by means of on-line payments, served by PayLane sp. z o.o. with its registered office in Gdańsk, ul. Arkońska 6/A3, postal code: 80-387, KRS number (number of entry into the National Court Register): 0000227278.
On-line payments made through PayLane shall be posted by the Service Provider in real time.
In the Periodic Plan on the last day of the Billing Period the Service Provider shall make available to the Client a proforma invoice for a given Billing Period, through the Account, and send it to the e-mail address provided by the Client in the Registration Form. Until the payment of the Fee for a given Billing Period the Client shall have access to the Account, but it shall not be entitled to conduct the Campaign.
In the event the Client selects the Flexible Plan, the Fee shall be paid in advance, in compliance with the chosen number of Campaigns. After the limit of the Campaigns has expired, the Client's Account shall be partially blocked by the Service Provider by means of preventing the Client from conducting the Campaigns until the payment of the amount for the further Campaigns. The invoice shall be issued to the Client and made available on the Website immediately after the Client's payment.
Following the receipt of the payment of the Fee in compliance with Section 6 or 7, the Service Provider shall make the VAT invoice available to the Client, and in the case of Clients being consumers it shall make available the receipt, through the Account, and send it to the e-mail address provided by the Client in the Registration Form.
§ 8 Complaints
A complaint about the services provided by the Service Provider may be filed by the Client with the use of the Contact Data.
The complaint should contain a brief description of the situation and requests or suggestions of the Client.
The above requirements are only recommendations aimed at facilitating consideration of the complaint by the Service Provider. A failure to meet the above requirements by the Client shall not affect the date or the manner of considering the complaint.
The Service Provider shall consider the complaint within 14 Calendar Days of the receipt thereof. A failure to present a position on the complaint filed by the Client being a Consumer within the time limits indicated in the first sentence shall mean acceptance of the complaint by the Service Provider.
§ 9 Liability
The Service Provider shall be liable towards the Client not being a Consumer for any damage resulting from non-performance or undue performance of its obligations resulting from the Regulations, including the Agreement, only if the damage is caused through wilful misconduct of the Service Provider.
If the Service Provider's action or omission resulting in the damage constitutes non-performance or undue performance of any of the Service Provider's obligations resulting from the Regulations, including the Agreement, the Client not being a Consumer shall not be entitled to pursue a claim for remedy of the damage resulting from tort.
The provision of Section 2 above shall not apply to personal injury.
§ 10 Withdrawal
The Client being a Consumer who has concluded the Agreement may, under Article 27 of the Consumer's Rights Act of 30 May 2014, within 14 Calendar Days, withdraw from the Agreement without giving a cause and without incurring any costs, except the costs due to the Service Provider for the service performed by the time of the withdrawal, subject to Section 5.
To meet the time limits indicated in Section 1 hereof it shall suffice to make a declaration on the withdrawal with the use of the Contact Data, save that the Service Provider recommends sending the afore-mentioned declaration by e-mail. The above recommendation shall not affect the effectiveness of the declaration on the withdrawal from the Agreement made by the Client being a Consumer in any other manner. The Service Provider shall confirm by e-mail the receipt of the declaration on the withdrawal from the Agreement made by the Client being a Consumer.
The time limits set out in Section 1 hereof shall be counted from the date of the conclusion of the Agreement.
A template of the declaration on the withdrawal from the Agreement constitutes Annexe No. 1 to the Regulations, but the declaration may be made in any other form.
The Client being a Consumer may not withdraw from the Agreement, if the Service Provider has performed the Service in the whole, at an express consent of the Client, who was notified prior to the commencement of the service provision that after the completion of the service by the Service Provider it shall lose the right to withdraw from the Agreement.
The Service Provider shall be obliged, immediately but not later than 14 Calendar Days of the receipt of the declaration on the withdrawal from the Agreement made by the Client being a Consumer, to refund to the Client being a Consumer all payments made by it.
The Service Provider shall refund the payments with the use of the same payment method as the one used by the Client being a Consumer for the purpose of payment of the Fee.
§ 11 Personal data
The data controller with regard to the Users’ personal data is the Service Provider.
The personal data of our customers is processed in accordance with generally applicable legal standards, in particular the Regulation of the European Parliament and the Council of April 27, 2016 regarding the protection of individuals with regard to the processing of personal data and the free flow of such data along with the repeal of Directive 95/46 / EC (general data protection regulation - GDPR), in particular the act on the protection of personal data and on the provision of electronic services.
§ 12 Out-of-court procedure for considering complaints and pursuing claims and principles of access to the procedures
If the Service Provider does not accept the complaint filed by the Client, and the Client does not agree with the Service Provider's position, the Client shall be entitled to subject the dispute to determination by an arbitration tribunal or may request the arbitration tribunal to proceed to mediation or to initiate the arbitration proceedings.
Information on the access to the procedures indicated in Section 1 hereof is available on the subpage of the Office of Competition and Consumer Protection at https://uokik.gov.pl/spory_konsumenckie.php and on websites of Regional Consumer Ombudsmen, Regional Trade Inspectorates and social organisations whose objects include protection of consumers' rights. The Client being a Consumer may also use the on-line dispute resolution platform (ODR) available at http://ec.europa.eu/consumers/odr/.
In the event that the out-of-court procedure for considering complaints does not result in settlement of the dispute between the Service Provider and the Client, the dispute shall be subject to determination by a court of local and material jurisdiction.
Disputes arising in connection with the conclusion or performance of the Agreement or the Service Agreement between the Service Provider and the User not being a Consumer shall be subject to determination by a court for the registered office of the Service Provider.
§ 13 Final provisions
In the event of any conflict of the Regulations with the Consumers' rights resulting from generally applicable legal provisions, the illegal provisions of the Regulations shall not bind the Consumer and the Service Provider shall undertake actions or omissions in compliance with legal standards.
The Service Provider may modify the Regulations for important reasons.
Clients shall be notified of the modification of the Regulations by e-mail sent to the e-mail address indicated in the Registration Form 14 days prior to the effective date of the modified Regulations.
The Client may accept or refuse to accept the modified Regulations. In the event of non-acceptance of the modified Regulations the User shall terminate the Agreement with the immediate effect.
To matters not provided for herein the generally applicable legal provisions of the Polish law shall apply, in particular the provisions of the Polish Civil Code and the Consumers' Rights Act.
One annexe has been attached to the Regulations, constituting an integral part of the Regulations.
TEMPLATE OF THE FORM OF WITHDRAWAL FROM THE AGREEMENT
[place and date]
[Client's name, surname and address]
[address, phone number, e-mail address]
DECLARATION ON THE WITHDRAWAL FROM THE AGREEMENT
I, undersigned [the Client's name] would like to inform about the withdrawal from the agreement [definition of the agreement] signature