These Terms of Service shall regulate provision of Services by the service provider, i.e. Ifinity Sp. z o.o., with its registered office in Warsaw (postal code: 01-381), Poland, at 26A Powstańców Śląskich Street, entered in the Register of Entrepreneurs under National Court Register Number KRS 0000516859, whose company files are kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; Taxpayer Identification Number NIP: 5223017589, National Business Registry Number REGON: 147335063; mailto: firstname.lastname@example.org
Account – an integral part of GEOS dedicated to the User, created by the User upon registration in order to use the Services;
Agreement – the agreement for providing and ensuring the access to the GEOS functionality, concluded between the User and IFINITY; the Agreement shall be binding upon the successors-in-title of the User;
GEOS – a teleinformatic system available at the website www.geos.zone, being a property of IFINITY and through which IFINITY provides the Services; information available at the website www.geos.zone and in the Pricelist shall not constitute an offer within the meaning of the Act of April 23, 1964 - the Polish Civil Code, but shall constitute an invitation to conclude the Agreement;
Order – a declaration of will of the User which directly results in conclusion of the Agreement, stating relevant conditions of the Agreement.
Parties – IFINITY and the User;
Pricelist - an appendix to Terms of Service, on the basis of which the current amount of fee for particular Services shall be calculated, and which shall specify the mode and term of payment; prices stated in the Pricelist shall include all custom duties and taxes; the Pricelist may be amended, in such a case point VI of these Terms of Service shall be applied accordingly;
Service or Services – services provided by electronic means by IFINITY through GEOS in accordance with the provisions of the Terms of Service and the Agreement; IFINITY shall make particular and various Services available under FREE, BUSINESS or ENTERPRISE packages;
Terms of Service – these Terms of Service provided by IFINITY available at the website www.geos.zone/page/terms; the Terms of Service and associated documents and agreements shall be governed by the applicable law of the Republic of Poland;
User – a natural person with full legal capacity, legal entity or organizational unit without legal personality, which has legal capacity under the law, using GEOS;
I. GENERAL PROVISIONS
1. The Terms of Service shall state the terms and conditions of providing the Services by IFINITY for the benefit of the Users, as well as the rights and obligations of the Users. Using the Services shall require acceptance of the Terms of Service. IFINITY shall provide the Services for the benefit of the User on the basis of the Agreement concluded between the Parties to the Agreement and on the basis of the Terms of Service. If the User has not read the Terms of Service or refuses to accept them, he/she may not use the Services.
2. IFINITY shall provide these Terms of Service to the User free of charge prior to the conclusion of the agreement for provision of services, 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.
4. Using GEOS may proceed free of charge or against payment, in accordance with the Pricelist available at the website www.geos.zone. The User shall decide on using the free or paid version of GEOS and shall place the Orders accordingly. The binding price of the Service shall be each time displayed at the Service Order website, immediately prior to sending such Order to IFINITY.
5. Transfer of the rights and obligations resulting from these Terms of Service or the Agreement to other persons shall require the consent of IFINITY.
7. In order to use the functionalities of the Services beyond completing the registration form and creating the Account, the User shall have and use IFINITY sensors.
8. The Parties hereby agree that the main way of communication shall be via electronic means and in any other way as specified in the CONTACT tab.
II. RULES OF USING SERVICES
1. In order to enjoy the functionality of GEOS and the Services, the User shall create an Account. The Account shall be created upon User’s request, through filling relevant form at the GEOS website and sending it to IFINITY. Activation of the Account shall be free of charge. The User shall be obliged to fill the form with accurate data, otherwise the Services shall not be rendered. The Account shall be non-transferable.
2. Detailed rules regarding operation of GEOS and particular Services shall be available on relevant subpages and at the following website www.geos.zone/page/faq.
3. The User hereby declares that using GEOS shall proceed in accordance with its intended use, in a way which shall not impede its operation or be onerous for IFINITY and other Users, respecting the generally applicable legal provisions and the rules of social co-existence.
4. The User shall not be not allowed to provide content of unlawful nature. In particular the User may not publish on GEOS any materials which may infringe personal rights or interest of third parties, materials which may be used for unlawful purposes, evidently contradict the rules of social co-existence or common moral and social norms. The User shall not be allowed to interfere with the integrity of the content and form of GEOS.
5. The User may not publish any elements of GEOS, as well as materials provided on GEOS, to which he/she does not hold right, without the consent of IFINITY or authorized persons. In particular, the User may not copy, broadcast, display, sell, license or in any other way dispose of the materials available on GEOS, unless the Parties agree otherwise. The Users shall not have the right to record and copy GEOS on any storage carrier.
III. AGREEMENT FOR PROVISION OF SERVICES
1. The Services shall be available for use by a User bound by a valid Agreement with IFINITY. The scope of the Services shall be limited by the scope of the Agreement concluded by the User with IFINITY. The User shall individually determine the scope of the Agreement by selecting its relevant elements.
2. The Agreement between IFINITY and the User for provision of services by electronic means shall be concluded for unlimited period of time upon the acceptance of these Terms of Service by the User or upon confirmation of ordering the BUSINESS or ENTERPRISE Services package by IFINITY. Upon the acceptance of the Terms of Service it shall be binding upon the User.
3. The day on which the provision of paid Services has been initiated shall be deemed the first day of actual provision of such Services. Within first 30 (thirty) days of the Service, IFINITY shall not charge the User with any payment on this account (first 30 days of Service free of charge). From the 31 (thirty first) day (inclusive) of the Service against payment, IFINITY shall charge payment and shall be entitled to remuneration.
4. A User using the Services free of charge may terminate the agreement for provision of Services at any time without providing reasons, by sending such request to IFINITY or by reporting his/her Account for cancellation. Such termination of the Agreement by the User shall be tantamount to the resignation from using GEOS.
5. A User using the Services against payment may terminate the agreement for provision of Services at any time without providing reasons, by sending a 7-day termination notice. In such a case, IFINITY shall have a right to claim proportional remuneration for the period in which the User used the paid Services in accordance with the Pricelist, unless the User has terminated the Agreement within the 30-day trial period (free of charge), as specified above.
6. The User shall not be entitled to any remuneration on account of using GEOS, in particular of the materials, places, paths etc. uploaded to GEOS.
7. The Users may not use the Services directly for commercial purposes, including by publishing advertising, sponsoring or promotional materials on GEOS, or in any other way derive profits from holding the Account.
8. IFINITY may give the User the notice of termination of the agreement for provision of Services by electronic means and with immediate effect, if:
a) the User infringes provisions of the agreement for provision of services by electronic means, the Terms of Service, or provisions of generally applicable law,
b) the User undertakes actions to the detriment of other Users, third persons or IFINITY,
c) IFINITY, on the basis of applicable legal provisions, is obliged to terminate the agreement.
1. IFINITY shall provide teleinformatic infrastructure and ensure its technical functionality, what shall constitute the scope of its liability for GEOS. IFINITY shall not interfere with the coverage of the Content provided by the Users and with the management of the Account.
2. The User shall bear the exclusive liability for the operations resulting from his/her Account. The User shall bear the exclusive liability for any content supplied to, created or published on or sent to GEOS by the User. The User shall also immediately notify IFINITY on any security breach or any other unauthorized use of his/her Account. The User who has provided certain content to GEOS shall bear exclusive liability for any possible claims of third persons within the scope of the content provided to GEOS for processing and at the same time undertakes to discharge IFINITY from any liability in this regard.
3. IFINITY shall not be held liable for any damage or defect related to the operation of GEOS and resulting from:
- infringement by the User of the provisions of these Terms of Service,
- intentional disclosure by the User of the username or password for his/her Account to any third person;
- activity of malware illegally provided to GEOS by a User,
- an illegal act consisting in cracking GEOS in order to access the Content, destabilize or block GEOS.
4. In the case of the Agreement concluded between IFINITY and a User being not a consumer, IFINITY shall not bear any liability against such User for damage caused by unintentional fault and shall be liable for the damage only to the extent of actual losses incurred by the User being not a consumer. The entire liability of IFINITY for non-performance or improper performance of the above mentioned Agreement shall be limited to the amount of the subscription fee paid by the User being not a consumer for the period in which the actual cause of calculating such damages took place.
5. The User shall be obliged to pay the fees for using the BUSINESS or ENTERPRISE Services in a timely manner. IFINITY reserves the right to suspend provision of Service for the period in which the User is in default.
6. IFINITY reserves the right to carry out maintenance and repair works of GEOS, as well as to update its functionalities at any time, unless such modifications cause their deterioration and affect the scope of rights and obligations of the Parties. In such cases, the access to GEOS may be hindered for period not longer than 24 hours (on working days). Such works shall not constitute violation of the terms and conditions of the Agreement.
V. COMPLAINT PROCEDURE AND WITHDRAWAL
1. The User shall have a right to file a complaint concerning operation of the Services. 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 Services. The complaint shall be sent at the E-Mail address or at the address of the registered office of IFINITY as stated at the beginning.
2. IFINITY shall take a stance towards the complaint within 14 (fourteen) days from the receipt of such complaint. 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.
3. The User being a consumer, who has concluded the agreement for using the Services, may withdraw from such agreement without providing reasons, by filing relevant declaration to IFINITY by electronic means within 10 (ten) days from the date of conclusion of the agreement for providing the services. The consumer shall not have a right to withdraw from the agreement, among others with regard to agreements for providing digital content, which is not recorded on a physical data carrier if the provision of services has commenced upon express consent of the consumer prior to the lapse of the term prescribed for withdrawing from the agreement and upon notifying him/her by the entrepreneur on the loss of right to withdraw from the agreement, Declaration on withdrawal may be sent by electronic means or letter at the address of IFINITY stated at the beginning.
VI. AMENDMENT TO THE TERMS OF SERVICE
1. IFINITY may amend these Terms of Service due to material reasons, whether legal or technical, or extend the scope of Services.
2. The Users shall be notified on any change to these Terms of Service, as well as the reason of such amendment, by an E-Mail sent at the address stated by creating the Account 14 (fourteen) days before the new Terms of Service come into effect, and by a message, which shall be displayed on the homepage of GEOS 14 (fourteen) days before they come into effect.
3. The User shall accept anew or refuse to accept the provisions of the Terms of Service. Lack of acceptance of the amended Terms of Service shall mean resignation from the Services.
VII. FINAL PROVISIONS
1. To any matters not specified in these Terms of Service, relevant provisions of the generally applicable law, in particular of the Act of April 23, 1964 – the Polish Civil Code, shall apply. The agreements shall be concluded in the Polish and English language.
2. Should any dispute arise, the User being not a consumer may refer to an arbitration court for mediation or settlement (he/she may take advantage of alternative dispute resolution, ADR). Specific information concerning access to these procedures shall be available at competent bodies. A User being a consumer shall establish the local jurisdiction of the common court in accordance with the rules prescribed in the Act of November 17, 1964 – the Polish Code of Civil Proceedings. Nevertheless, any disputable issues arising between IFINITY and the User being not a consumer shall be settled by the court having local jurisdiction over the registered office of IFINITY.
3. The User acknowledges that any failure to perform by IFINITY the rights prescribed in the provisions of these Terms of Service or any right vested into IFINITY on the basis of the generally applicable law shall not constitute a waiver of such rights by IFINITY, and such rights shall remain at the disposal of IFINITY.
Date of publishing the Terms of Service: December 9, 2014