TERMS AND CONDITIONS OF USE OF THE WEBSITE
www.PlatformaInwestora.pl
§1
DEFINITIONS
The definitions used in these Terms and Conditions of Use shall have the following meanings:
1. Operator – the operator of the website www.PlatformaInwestora.pl is DEALDONE spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, at ul. Marszałkowska 58, 00-545 Warsaw, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000422682, identified by NIP number 521363636. Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000422682, identified by NIP number 5213631922 and REGON number 146146443. Operator's contact details: tel. +48 511 405 444, e-mail addresses: biuro@platformainwestora.pl;
2. Website – an organized IT platform connected to the Internet, created and maintained by the Operator under the domain www.platformainwestora.pl, enabling Users to use the platform's resources and enter their own data in accordance with the rules set out in the Regulations;
3. Terms and Conditions – this document, which regulates in particular the terms and conditions of the Website and the rights and obligations of Users and the rights and obligations of the Operator;
4. User – any entity that has registered on the Website or uses the Website in any way, in the case of natural persons – a person with full legal capacity, and in the case of legal persons, a representative of the entity with the possibility of representation;
5. Bidder – a Website User who has added at least one offer on the Website;
6. Capital investments - the sale or purchase of shares, stocks, an organized part of a company or individual assets of a company, a project or commercial real estate, as well as the granting of loans and other forms of capital involvement in business ventures;
7. Registration - voluntary provision of data in order to gain access to all services offered by the Website;
8. Offer - information posted by the User on the Website, aimed at reaching other Users;
9. Package - version of access to the Website's functionality when Offers are added by Bidders;
10. Payment - fee for the Operator related to the purchase of a Package by the Bidder enabling the use of additional functionalities of the Website.
§2
GENERAL INFORMATION
1. The website registered under the domain www.PlatformaInwestora.pl, including all content found at this address, is the exclusive property of DEALDONE Sp. z o.o. with its registered office in Warsaw, which is referred to as the Operator and is protected by law. All content and materials posted on the website, including published offers, may not be used, copied or distributed in any form without the written consent of the Operator.
2. Use of the capital investment website www.platformaInwestora.pl and its functionalities, which consist of obtaining the contact details of advertisers and contacting them using a special form, requires acceptance of the Terms and Conditions of Use of the Website.
3. Access is subject to one-time registration and logging in each time. If these Terms and Conditions are not accepted, persons registering on www.platformieinwestora.pl will not be able to use the website. By using the Website, the User accepts the conditions set out in the Terms and Conditions.
4. PlatformaInwestora.pl is a website that brings together users with business and capital offers and investors (other users) looking for ways to invest their money. The website helps to raise capital, find a partner, finance start-ups, sell shares or entire companies, and presents interesting forms of investment. The website is intended for owners of companies, enterprises, commercial real estate, as well as for entrepreneurs, investors, venture capital funds, private equity funds and other entities and persons interested in capital investments, as well as other persons interested in the subject of investing.
5. The purpose of the Website is to bring together business partners and facilitate business contacts in the field of capital investments by providing a place to present offers and enabling users to browse them and contact each other via a special contact form.
6. The Operator undertakes to provide services to the User within the scope and under the conditions specified in the Regulations.
7. The User undertakes to use the Website in accordance with the rules specified in the Regulations, applicable law and rules of social conduct.
8. The User agrees to the collection, storage and processing of personal data by the Operator for the purpose of providing the service.
9. By accepting the Terms and Conditions, the User agrees to the processing and use by the Operator of their personal data in the form indicated by the User in the registration form for purposes related to customer service and the provision of services by the Operator, in particular: notification of new published offers, offered products and services (including products and services of cooperating entities), maintaining relationships, informing about changes on the Website and other issues related to the Operator's business activities.
10. The use of the Website, including the use of text and graphic materials, photos, applications, databases or other content, does not mean that the User acquires any rights in relation to the indicated content, and in particular does not mean the acquisition of economic copyrights, related rights or licenses.
11. It is prohibited to undertake the following activities without the express consent of the Operator:
a) copying, modifying and transmitting electronically or otherwise the Website or its parts, as well as individual content made available through it;
b) disseminating in any way the content published on the Website;
c) downloading the contents of databases and reusing them in whole or in part.
12. The Website Operator prohibits sending invitations to bidders to use other websites, any consulting services, banking and loan services, purchase products, etc., regardless of who the sender is, without obtaining the Operator's consent.
In case of violation of this prohibition by the User, his account will be blocked and permanently deleted from the database, and the Operator has the right to impose a contractual penalty on the User violating the Regulations in the amount of 30,000 PLN.
REGISTRATION ON THE WEBSITE
1. Use of the Website is free of charge for all Users. Publication of offers in the free package is free of charge for bidders in the following categories:
- Sell a company
- Buy a company
- Looking for an investor/partner
- Investment offers
- Franchising
2. User registration on the platformainwestora.pl website is free of charge, and after registering on the website, the User gains free access to the content of offers and contact details of Bidders in the Free Package.
3. Upon registration, a contract for the provision of electronic services is concluded between the Website and the User, the content of which is in accordance with these Terms and Conditions.
4. The contract is terminated when the User's account is deleted from the Website.
5. A User may only have one account.
6. Each User can (voluntarily) purchase a paid package that allows the use of additional website functions when adding their Offer. A User who has published at least one Offer on the Website becomes a Bidder.
7. The Website is intended for natural persons, legal persons and organizational units without legal personality.
8. User registration is done by filling out the form provided on the Website.
9. The contact details of the Bidders made available to registered Users are used exclusively for establishing business contacts related to the subject of a given offer.
10. By registering on the Website, the User confirms that they have read and accepted the following terms and conditions.
11. The User declares that the data provided during registration is true and accurate.
12. The User is obliged to protect their account access data. The User is responsible for any data made available to third parties and for the consequences of the actions of these persons.
13. If the User provides incorrect contact details during registration or editing (when the account was active), the account will be permanently deleted.
ADDING AND EDITING OFFERS
1. An Offer is added by filling in the form provided on the Website.
2. The operator reserves the right not to publish and to remove an offer if its content goes beyond accepted standards, in particular if the offer does not fall within the thematic scope of the website (i.e. capital investments, capital acquisition, sale of a company or parts thereof, shares, or the presentation of forms of investment and franchising cooperation) or if the content of the offer includes contact details or the offer contains content that is illegal or contrary to generally accepted standards of social conduct. The operator will also not publish offers that are too vague, imprecise or too short. The operator reserves the right to modify the title and content of the offer in order to adapt it to the quality standards adopted by the operator. The operator is not obliged to inform the bidder of the reasons for not publishing and deleting the offer.
3. Filling out the form and adding an offer is a declaration of will that the data contained in the form is truthful and can be made public.
4. The Website Operator will make every effort to publish the offer within 2 working days of its addition to the website and acceptance of its content by the Operator.
5. A registered user has the right to delete their offer at any time after logging in.
6. The operator reserves the right to not publish or delete offers that contain contact details or other content that does not comply with these terms and conditions in the offer description without informing the user.
7. The operator shall not be held liable for the accuracy and truthfulness of the offers posted on the Website or for transactions made through the Website.
8. Offers can be posted by Users who have an active account on the Website. The Free Package allows you to add your Offer free of charge. Purchasing a paid package entitles you to post additional Offer details and enables you to use additional Website functions.
9. It is not allowed to post offers whose content:
a) is not related to the subject of Capital Investments described in §4, point 2;
b) offends the religious feelings of others by insulting an object of religious worship or a place used for religious purposes;
c) is too short and general;
e) infringes the copyright and/or related rights of third parties;
f) is unlawful;
g) contains links to other websites containing malware or phishing websites;
h) contains advertising or marketing information not related to the poster's business or related to the business of a competitor of the Operator.
10. It is not allowed to include contact details (as well as information allowing the bidder to be recognized without logging in) in the title and content of the Offer and in the photos attached to the Offer.
11. It is not allowed to repeatedly add the same or very similar content of the offer.
12. It is not allowed to completely change the content, subject and nature of the offer during its editing. When verifying the offer edited by the User, the Administrator deletes the offer if he finds that its nature has been completely changed. For example, if the offer was about selling a company and after editing by the User it is about buying a company, or if, for example, before editing it was about looking for an investor and after editing by the User it is about selling an object, etc.
13. By posting an offer, the User confirms that they have full copyright to the content and photos contained in the offer.
14. As soon as the User places an advertisement on the Website, he/she grants the Operator a non-exclusive license to use the content by making it available on the Website and other media by recording, reproducing and distributing (including public performance, exhibition, display, playback, broadcasting and emission) in a way that enables the display of content on electronic devices using the Internet anywhere and anytime, regardless of the number and form of access.
15. The Website reserves the right to store outdated content of Offers in the Website archive.
16. Offers are made available on the Website after they have been accepted by the Operator.
§5
PAYMENTS
1. In order to use some of the services on the Website, it is necessary to purchase a paid package and make a Payment via the PayU system. Payments can be made after logging in to the Website.
2. The price list of paid packages is available at www.platformainwestora.pl.
3. If the User has VAT invoice details assigned to their account, an electronic VAT invoice will be issued once the payment has been posted. The invoice will be sent to the e-mail address assigned to the account.
4. Fees are non-refundable.
§6
MESSAGES
1. The user has the option of using the internal Website mail to send messages to Bidders.
2. It is forbidden to send messages of an advertising nature. Such behavior is treated as acting to the detriment of the Website and leads to the account being blocked.
§7
WITHDRAWAL FROM THE ELECTRONIC SERVICES CONTRACT
1. The user has the right to withdraw from the electronic services contract on a continuous and indefinite basis. The User may terminate the contract at any time with immediate effect and without giving any reason by sending a relevant statement to the Operator's e-mail address: biuro@platformainwestora.pl.
2. After receiving the statement of withdrawal from the contract in the form of providing the User's data, the Operator removes the User's account from the Website.
3. The deletion of the user account and its data may result in the termination of paid services provided by the Operator to the User without granting the User the right to receive a refund for the ordered service not used in whole or in part, unless the provision of the service has not been started.
4. The operator reserves the right to terminate the contract for the provision of electronic services, including blocking or deleting the user's account in case of non-compliance with the provisions of these Terms and Conditions.
§8
COMPLAINT PROCEDURE
1. Each User has the right to file a complaint regarding issues related to the functioning of the Website.
2. Complaints should be submitted by e-mail to biuro@platformainwestora.pl or by letter to the address of the Operator indicated in § 1.
3. The Operator will consider and respond to the complaint within 14 days of receipt. By submitting a complaint via e-mail, the User agrees to receive a response to the complaint from the Operator in the form of an e-mail.
4. In the case of written complaints, the response to the complaint will be sent to the User at the address provided by the User in the written complaint.
5. If the Operator does not handle the complaint in accordance with the User's expectations, the User may use out-of-court methods of handling complaints and redress. For this purpose, the User may, at his or her discretion, in particular:
a) request the competent provincial inspector of the Trade Inspection Authority to initiate free mediation proceedings for an amicable settlement of the dispute,
b) refer the dispute to the permanent consumer arbitration court operating at the competent provincial inspectorate of the Trade Inspection,
§9
INTELLECTUAL PROPERTY
1. The logo and name of the Website are legally protected and belong to the Operator; any use of the logo or name of the Website without the Operator's consent, except in cases permitted by generally applicable law, is prohibited.
2. The proprietary copyrights to the graphic elements of the Website and other content placed on it by the Operator, constituting works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights (i.e. Journal of Laws of 2006, No. 90, item 631, as amended), as well as to the appearance of the Website as a whole, shall be vested exclusively in the Operator. Therefore, any copying, reproduction, distribution and development of the Website elements, as well as the appearance of the Website as a whole, except as permitted by the provisions of generally applicable law, without the express written consent of the Operator or relevant third parties, constitutes a violation of the Operator's proprietary copyrights.
3. The Operator reserves the right to place advertising, promotional or marketing materials from the Operator or entities cooperating with the Operator on the Website.
§10
LIABILITY
1. The Operator informs that, in accordance with Article 15 of the Act of July 18, 2002, on the provision of electronic services, it is not obliged to check the data referred to in Articles 12-14 of the indicated Act, which it transmits, stores or makes available.
2. The operator informs that in case of receiving an official or credible message about the illegal nature of the data posted by the User or related to illegal activities, they will immediately prevent access to this data, simultaneously informing the User about the intention and reason for preventing access to the data.
3. The user is solely responsible for the content and form of the posted content. In the event of claims being made by third parties due to a violation of copyrights or other third-party rights or legal regulations, the Operator shall immediately forward these claims to the User as the entity responsible for the posted content, and the User shall accept these claims and release the Operator from any liability in this regard.
4. The operator is not responsible for the obligations of users resulting from their activities on the website, in particular, the operator is not responsible for the non-performance or improper performance by the user of the contract concluded with other persons in connection with the advertisements posted on the website.
5. The operator is not liable for the data entered by the users on the website and is not liable for the actions of the user that caused damage to the user, other users, or third parties or that prevented or hindered the provision of services by the operator.
6. The operator is not responsible for the content of websites and for any damages incurred by users or third parties in connection with accessing websites that can be redirected through links available on the website.
7. The operator is not liable for interruptions in the functioning of the website and damages incurred by the user in this respect if they were caused by force majeure which could not be foreseen, or if the effects of force majeure could have been foreseen but could not be prevented.
8. In the case of damage suffered by the User resulting from the Operator's willful misconduct, the Operator shall be liable only for the actual damages incurred by the User, with the proviso that the Operator's liability shall be limited to the minimum limits of liability permitted and specified by the law applicable to the Operator's registered office or the User's place of residence, or arising from separate consumer rights.
§11
PERSONAL DATA
1. Personal data is used by the Operator exclusively for the purpose of conducting the Registration process and for the purpose of proper execution of services available within the Service, in accordance with the provisions of the Personal Data Protection Act of August 29, 1997 (i.e. Journal of Laws of 2002, No. 101, item 926, as amended) and the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended).
2. The Operator uses technical measures to ensure the protection of personal data being processed, and in particular protects personal data against unauthorized access by third parties, against being obtained by an unauthorized person, as well as against alteration, loss, damage or destruction.
3. Access to Users' personal data is granted by the Operator under the terms specified in the Terms and Conditions, as well as by the entities through which the User makes payments, which collect, process and store personal data in accordance with their terms and conditions.
4. The Operator processes Users' personal data in order to provide the services available on the Website, for the User's marketing purposes and for accounting purposes.
5. The Operator collects and processes the following user data:
a) name and surname,
b) address,
c) tax identification number (NIP),
d) e-mail address,
e) telephone number.
6. The Operator informs that the provision of the above data by the User is voluntary, but necessary for the full implementation of services by the Administrator.
7. The Operator has the right to transfer selected information concerning Users to authorities or third parties who request such information on the basis of the applicable provisions of Polish law.
8. The User has the right to access their personal data, the right to correct and supplement it, and the right to request its removal or cessation of its processing. In order to exercise their rights, the User may at any time send an appropriate message to the address of the Operator's registered office or to the e-mail address biuro@platformainwestora.pl.
9. A request to delete personal data or to cease processing it may result in the Operator being unable to provide services.
§12
FINAL PROVISIONS
1. The Operator reserves the right to change these Terms and Conditions. The Operator will announce any changes to the Terms and Conditions on the Website at least 14 days before the changes come into effect.
2. The current Terms and Conditions are available at www.platformainwestora.pl/regulamin and in written form at the Operator's headquarters.
3. The Operator reserves the right to periodically disable access to the Website or selected functionalities of the Website if it is necessary for the expansion or maintenance of the Operator's technical or ICT resources related to the operation of the Website.
4. In other matters not covered by these Terms and Conditions, the relevant provisions of law shall apply. The applicable law is Polish law, including in particular: the Civil Code and the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
5. All disputes between the Operator and the Users shall be settled amicably; if no agreement can be reached, the dispute shall be settled by a common court of law in Warsaw with relevant jurisdiction.
6. A User who is a consumer has the right to use out-of-court methods of dispute resolution and redress by way of mediation or arbitration. Regardless of this, the consumer may seek assistance from the municipal (district) consumer ombudsman. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. A user who is a consumer can also use the electronic method of resolving disputes with the Administrator via the ODR platform available at http://ec.europa.eu/consumers/odr/.
7. The Terms and Conditions come into force on: 18.09.2018.