Terms of use privote voting system

 

 TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES ON THE VOTING SYSTEM WEBSITE
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
5. METHOD AND DATE OF PRODUCT AVAILABILITY
6. PRODUCT COMPLAINT
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT TO WITHDRAW FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS

The voting system privote.net cares about consumer rights. The consumer may not waive the rights conferred on him by the Act on Consumer Rights. The provisions of the contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place the provisions of the Consumer Rights Act shall apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and should be applied.

1. GENERAL PROVISIONS
   
   1.1. The voting system is available at the internet address https://privote.net is run by the company privote.net sp. z oo (limited) with its seat in Warsaw (address: street. Marszalkowska 99A, 00-693 Warsaw, Poland); entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000911319; registry court where the company's documentation is kept: District Court for the Capital City of Warszawy in Warsaw, 14th Commercial Division of the National Court Register; NIP 5291836147, REGON 389447136, e-mail address:  This email address is being protected from spambots. You need JavaScript enabled to view it..
   
   1.2. These Regulations are addressed to both consumers and entrepreneurs using the voting system, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or entrepreneurs.
   
   1.3. The administrator of personal data processed in the voting system in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for the period and based on the grounds and principles set out in the privacy policy published on the voting system website. The privacy policy contains, above all, the rules for the processing of personal data by the Administrator in the voting system, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the voting system. Using the Voting System, including making purchases, is voluntary. Similarly, the provision of personal data by the User using the voting system by the Customer or the Customer is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
   
   1.4. Definitions:
   1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
   1.4.2. REGISTRATION FORM - a form available in the voting system that allows you to create an Account.
   1.4.3. ORDER FORM - Electronic Service, an interactive form available in the voting system that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
   1.4.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity - which has concluded or intends to conclude a Sales Agreement with the Seller.
   1.4.5. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
   1.4.6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by him in the voting system are collected.
   1.4.7. NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the voting system.
   1.4.8. PRODUCT - a service (Subscription) available in the Voting System which is the subject of the Sales Agreement between the Customer and the Seller.
   1.4.9. REGULATIONS - these Rules of the Voting System.
   1.4.10. Voting system - a website with an online store function and a voting management and voting system at the following address: https://privote.net .
   1.4.11. SELLER; SERVICE PROVIDER - privote.net sp. z o.o. with its seat in Warsaw (address street. Marszałkowska 99A, 00-693 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000911319; registry court where the company's documentation is kept: District Court for the Capital City of Warszawy in Warsaw, 14th Commercial Division of the National Court Register; NIP 5291836147, REGON 389447136, e-mail address:  This email address is being protected from spambots. You need JavaScript enabled to view it..
   1.4.12. SUBSCRIPTION - paid access to the online voting system in the subscription model.
   1.4.13. SALES AGREEMENT - Product sales agreement concluded or concluded between the Customer and the Seller via the website of the Voting System.
   1.4.14. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Client via the Voting System.
   1.4.15. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity - using or intending to use the Electronic Service.
   1.4.16. CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended).
   1.4.17. ORDER - Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE VOTING SYSTEM.
   
   2.1. The following Electronic Services are available in the Online Voting System: Account, Order Form, Newsletter and Voting Manager.
   2.1.1. Account - Creating and using an Account is possible after purchasing one of the Products. In this case, the Service Provider creates the Customer's Account after placing the Order in accordance with point 2.1.2 of the Regulations.
   2.1.2. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address:  This email address is being protected from spambots. You need JavaScript enabled to view it. or in writing to the following address: ul. Marszałkowska 99A, 00-693 Warsaw.
   2.1.3. Order Form - the use of the Order Form begins when the Customer adds the selected Subscription or service to the electronic basket in the Voting System. Placing an Order takes place after the Customer has completed two consecutive steps - (1) after completing the Order Form and (2) clicking on the "Log in and pay" field on the Voting System website after completing the Order Form - until then it is possible to modify the entered data (in for this purpose, follow the displayed messages and information available in the Voting System). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname /, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product / y, the quantity of the Product (s), the method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
   2.1.3.1. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
   2.1.4. Newsletter - the use of the Newsletter takes place after creating a user account (see Electronic Service Account, point 2.1.2.) And selecting the desire to activate it in the customer panel (Notifications menu).
   2.1.4.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by checking the appropriate checkboxes in the customer panel (Notifications Menu).
   2.1.5. The Voting Manager service is tied to the purchased subscription (duration of use and scope) and consists of access to a voting tool, video conferencing, document sharing, presentations, an interactive whiteboard and many other functions.
   
   2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) enabling cookies and Javascript support in the web browser.
   
   2.3. Technical conditions necessary to use the Product: (1) microphone; (2) a camera; (3) computer, laptop or other multimedia device with Internet access, min. 500 Mb / s.
   
   2.4. The Service Recipient is obliged to use the Voting System in a manner consistent with the law and morality with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data in accordance with the facts. The Service Recipient is prohibited from providing illegal content.
   
   2.5. The complaint procedure for Electronic Services:
   
   2.5.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Voting System (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations), the Customer may submit, for example:
   2.5.1.1. in writing to the following address: ul. Marszałkowska 99A, 00-693 Warsaw;
   2.5.1.2. in electronic form via e-mail to the following address:  This email address is being protected from spambots. You need JavaScript enabled to view it..
   2.5.2. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) the Service Recipient's requests; and (3) contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
   2.5.3. The Service Provider responds to the complaint immediately, not later than within 14 calendar days from the date of its submission.

3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT
   
   3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Voting System in accordance with point 2.1.2 of the Regulations.
   
   3.2. The Product price shown on the Voting System website is given in Polish zlotys and does not include tax. The total price including taxes of the Product being the subject of the Order and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the Voting System websites when placing the Order, including when expressing by the Customer will to be bound by the Sales Agreement.
   
   3.3. Procedure for concluding a Sales Agreement in the Voting System using the Order Form
   3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Voting System in accordance with point 2.1.2 of the Regulations.
   3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
   
   3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) providing these Regulations on the website of the Voting System and (2) sending the Customer the e-mail message referred to in point 3.3.2. Of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Voting System.

4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
   
   4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
   4.1.1. Payments by credit card through an electronic payment processing partner Stripe.com
   4.1.2. PayPal payments
   4.1.2.1. Settlements of electronic transactions and payment cards are carried out according to the Customer's choice through the Stripe.com electronic payment processing partner. The service of payment by payment card is provided by: 4.1.2.1.1. Stripe Inc. 510 Townsend Street, San Francisco, CA 94103, USA
   4.1.2.1.2. The service of Paypal and card payments is provided by:
   4.1.2.1.3. PayPal (Europe) Sarl et cie, SCA
   
   4.2. Date of payment. Payments for the subscription service for access to the Voting Manager are collected only online and the correct execution of the payment is a condition for receiving access to the service.

5. PURCHASE OF SUBSCRIPTION
   
   5.1. The subscription can only be purchased by the Customer who has an Account. The purchase of a subscription is possible from the level of the Customer's Account in the appropriate tab available under the Customer's Account or from the level of the Voting System website and subsequent creation of the Account when placing the Order - to do this, select the Package in which the subscription period is specified and go through the next steps of the order form and make the payment. The subscription fee may be one-off or recurring
   5.1.1. In the case of a one-off purchase, the Service Recipient gains access to paid services for a predetermined period and for a specified price - detailed conditions are each time indicated on the website of the Voting System
   5.1.2. In the case of a recurring purchase, the Customer gains access to the subscription, which will renew automatically every period specified in the subscription. The first fee will be charged for the first subscription period and the Customer has the option to cancel the renewal at any time in the Customer Panel, Shopping menu.
   
   5.2.Access to the Product is possible after the Customer has purchased a subscription in accordance with point 2 of the Regulations and is activated by the Service Provider within a maximum of 24 hours from the moment the payment is credited (usually no longer than 10 minutes).
   
   5.3.The Service Recipient is obliged to make a payment in advance for the subscription period chosen by him.
   
   5.4. The Service Recipient can manage the purchased subscriptions from the Account level in the "Desktop, Purchased menu" tab.
   
   5.5.After the subscription expires, the Customer may renew it or buy it again in the same way as for the first time.
   
   5.6. The Service Recipient has the option to Upgrade the subscription. It means purchasing a different subscription and the cost of the new subscription will be reduced proportionally by the value of the unused period of the old subscription.

6. PRODUCT COMPLAINT
   
   6.1. The basis and scope of the Seller's liability towards the Customer, if the services included in the Product are performed incorrectly, are defined by generally applicable laws, in particular in the Civil Code (including the appropriately applied Articles 556-576 of the Civil Code).
   
   6.2. The Seller is obliged to provide services falling within the scope of the Product in a correct and non-defective manner.
   
   6.3. The complaint may be submitted by the customer, for example:
   6.3.1. in writing to the following address: ul. Marszałkowska 99A, 00-693 Warsaw;
   6.3.2. in electronic form via e-mail to the following address:  This email address is being protected from spambots. You need JavaScript enabled to view it..
   
   6.4. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission.

7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
   
   7.1. Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://www.uokik.gov.pl/home.php
   
   7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email:  This email address is being protected from spambots. You need JavaScript enabled to view it. or in writing: Pl. Powstańców Warszawy 1, 00-030 Warszawa.), Whose task is, inter alia, to assist consumers in matters relating to out-of-court resolution of consumer disputes.
   
   7.3. The consumer has the following exemplary possibilities of using out-of-court complaint and redress methods: (1) application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for an out-of-court settlement of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business by the Seller); and (3) assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at the address  This email address is being protected from spambots. You need JavaScript enabled to view it. and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 am to 6:00 pm, connection fee according to the operator's tariff).
   
   7.4. At the address http://ec.europa.eu/consumers/odr, there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://www.uokik.gov.pl/home.php).

8. THE RIGHT TO WITHDRAW FROM THE CONTRACT
   
   8.1. The right to withdraw from a distance contract is not granted to the consumer in relation to contracts: (1) for the provision of services, if the Seller has fully provided the service with the express consent of the consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from contracts; (2) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer's express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.
   
   8.2. With the exception of the contracts referred to in point 8.1, a consumer who has concluded a distance contract may, within 14 calendar days from the date of the contract, withdraw from it without giving a reason and without incurring costs. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example, in electronic form in accordance with the Seller's contact details provided at the beginning of these Regulations. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act. The consumer may use the form template, but it is not obligatory. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount to be paid is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
   
   
9. PROVISIONS CONCERNING ENTREPRENEUR
   
   9.1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Users who are not consumers.
   
   9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
   
   9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.
   
   9.4. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
   
   9.5. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Customer an appropriate statement.
   
   9.6. The liability of the Service Provider / Seller towards the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid under the Sales Agreement, but not more than up to the amount of one thousand zlotys. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damage predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Service Recipient / Customer who is not a consumer.
   
   9.7. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.

10. FINAL PROVISIONS
    
    10.1. Agreements concluded via the Voting System website are concluded in Polish.
    
    10.2.Amendments to the Regulations:
    10.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in payment methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
    10.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services - Account), the amended Regulations bind the Service Recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
    10.2.3. In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way infringe the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular changes to the Regulations will not apply affect the already placed or placed Orders and concluded, implemented or performed Sales Agreements.
    
    10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers - the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2000 No. 22, item 271 with as amended) and the Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights; and other relevant provisions of generally applicable law.