§ 1. Introductory provisions
1. These Terms of Use (hereinafter: "Terms of Use" or “Terms of Use – Crowdfunding”) determine the terms and conditions of Users using the website located at: www.scienceship.com in the scope of crowdfunding. These projects are referred to as "Projects". Furthermore, Terms of Use define the rules of concluding Agreements between the User and the Service Provider and specify the Service Provider's obligations towards the User and the User's rights and obligations resulting from the use of the Service and the conclusion of an Agreement with the Service Provider. In order to use the Website, the User must agree to the Terms of Use.
2. The website Terms of Use are based in particular on the following provisions:
3. The following terms have the following meanings herein:
§ 2. General terms of Services
1. The Website or its individual functionalities and Services are provided with the use of an ICT system which allows for processing, storing, as well as receiving and sending data through telecommunication networks, in accordance with the Act on provision of services by electronic means.
2. In order to use the Website or its functionalities and Services, the User should have and use a device providing access to the Internet and a Web browser. The User should have at least: (I) operating system: Windows 7 or newer, OS X 10.9 or higher, (ii) processor: at least 2 x 2GHx, (iii) RAM: at least 2 GB, (iv) browser: Firefox 35 or higher, Internet Explorer 9 or higher, Chrome 40 or higher, Safari 8 or higher.The User declares that he/she understands and accepts that due to technical reasons and configuration of devices which the User uses to view the Website content, some of its features may not be available to him/her.
3. The Service Provider is not responsible for the User's technical problems, in particular related to the actions of ICT service providers, which may affect the use of the Website or its individual features and Services, as well as resulting from interruption of processing, storage and receiving or sending data or its destruction arising from the actions of those service providers or the User's use of a device and browser which do not meet the requirements specified in the preceding paragraph.
§ 3. Registration
1. A User who is a Consumer is registered by way of creating a User Account on the Website. In order to create an Account, the Consumer fills in a Registration Application located on the Website at the following address: "www.scienceship.com". The Consumer enters the following Data into the Application. Data are specified in the following manner: they can be either: a) mandatory or optional (required or not required for the Registration); (b) modified either by the User (who registered an Account on the Website) or the Service Provider or modified by the Service Provider (on the request of a User who registered an Account on the Website); c) visible to: (i) all Visitors and Users as well as the Service Provider; (ii) only the Service Provider; (iii) the Service Provider and Organiser in the scope of delivering a Reward to the User who was a Supporter of the Organiser's Project. The Data indicated by the Consumer include:
During the Registration process, the Website assigns a unique number – "Scienceship ID" to the Consumer – it is visible to the Service Provider. The Website automatically assigns information about the Projects created by the User and the Projects the User supported to the User Account.
2. A User who is an Institution is registered by way of creating a User Account on the Website. In order to create an account, the Consumer fills in a Registration Application located on the Website at the following address: "www.scienceship.com". The Institution enters the following Data into the Application. Data are specified in the following manner: they can be either: a) mandatory or voluntary (required or not required for the Registration); (b) modified either by the User (who registered an Account on the Website) or the Service Provider or modified by the Service Provider (on the request of a User who registered an Account on the Website); c) visible to: (i) all Visitors and Users as well as the Service Provider; (ii) only the Service Provider; (iii) the Service Provider and Organiser in the scope of delivering a Reward to the User who was a Supporter of the Organiser's Project. Data indicated by the Institution include:
During the Registration process, the Website assigns a unique number – "Scienceship ID" to the Institution – it is visible in the Account. The Website automatically assigns information about the Projects created by the User and the Projects the User supported to the User Account.
3. When registering for the Website, the User is obliged to read these Terms of Use, as well as "Terms of Use– Gamification Terms of Use of the Scienceship.com website – regarding organising competitions (gamification)" and the "Privacy Policy of www.scienceship.com”, which constitutes an annex hereto as well as accept those documents. User registration is free of charge. Remuneration is charged by the Service Provider from, respectively: the Organiser or an entity organising a Competition (in the scope of a different part of the Service). A User who is not an Organiser or an entity organising a Competition does not pay any fees for creating or maintaining an Account on the Website.
4. Users are obliged to provide true Data and update them when needed. Full and sole responsibility for provision of false, invalid, untrue or incorrect data is borne by the User (for example the Reward can fail to reach the User if sent to the wrong address). Users declare that their data are provided voluntarily. Users declare that the Data they provided do not violate any third-party rights and are true, and in the case obtaining third-party consent to use such Data is necessary, such a consent has been obtained (e.g. to disclose the User’s place of work).
5. Users accept that the Data they provided can be made available to other Users – in the scope specified herein, as well as can be made available to third parties, in particular Visitors – in the scope specified herein.
6. After completing the Registration Application, every User receives a message containing an activation link at the e-mail address he/she provided. Upon completion of the Registration process, i.e. after the User has clicked on the activation link, an Agreement between the Service Provider and the User is concluded. Moderation before the activation link is sent can last up to 3 working days. In case the Service Provider has doubts regarding the correctness or validity of the Data provided by the User in the Registration Application, the Service Provider can contact the User, at the e-mail address, postal address or phone provided by the User in the Registration Application, to supplement, clarify or confirm/authenticate such Data, and such supplementation, clarification or confirmation/authentication of such Data can be necessary for the Registration process to be completed.
7. Upon completion of the Registration process, i.e. after the User has clicked on the activation link, an Agreement between the User and the Service Provider is concluded, however solely in the scope the Website specified herein. However, the Agreement between the User and the Service Provider does not cover individual agreements concluded by the User (in the capacity of a Supporter) and the Organiser.
8. Users can withdraw from the Agreement without specifying a reason within 14 days from conclusion of the Agreement referred to in point 7 (sentence one), however subject to points 9 and 11, by way of submitting a declaration in electronic form (to the following e-mail address: info@scienceship.com) or written form (to the address of the Service Provider's registered seat). The declaration can be made on a form, the template of which is available on the Website, however this form is not mandatory (a template of the withdrawal form constitutes an annex hereto). In the case of the written form, for the deadline on withdrawal from the contract to be observed, it is sufficient for the User to send the letter before the lapse of that deadline. In the case the declaration in made in electronic form, the Service Provider will send a confirmation of receipt of the declaration on withdrawal to the User at the e-mail address indicated by the User.
9. However, the right to withdraw from the Agreement shall not apply if the User is not a Consumer, and also if the Service Provider provided a Service in full, with the Consumer’s consent, before the lapse of the 14-day period, thus enabling the Consumer in particular to create an Account at the Website to support a Project or to become a Project Organiser.
10. The possibility of withdrawal of a Supporter who is a Consumer from an agreement concluded by that Supporter with the Organiser (Support in exchange for a Reward) is regulated between said Parties, without the Service Provider's involvement and on the basis of applicable provisions of law. However, it is not possible for the Consumer to withdraw from the above-mentioned agreement concluded with the Organiser if the subject of the Reward in exchange for Support is a service provided by the Organiser to the Supporter (Consumer) before the lapse of 14 days from the Support, as well as when the subject of the Reward is a non-prefabricated thing, manufactured in accordance with the Supporter's (Consumer's) instructions or intended to serve that person's individual needs (e.g. a t-shirt with an autograph selected by the Supporter).
11. A User who is a Consumer, by accepting the Terms of Use and registering an Account or by supporting a Project, explicitly consents to the Service being provided by the Service Provider before the lapse of the withdrawal period referred to in point 8 above. After the Service is provided within the afore-mentioned period, the User loses the right to withdraw from the Agreement concluded with the Service Provider. Respectively, the User, by each Support he/she provides, expresses consent to the provision of the consideration by the Organiser before the lapse of the withdrawal period referred to in point 8 above or resulting from an agreement concluded with the Organiser. After the consideration is provided before the lapse of the above-mentioned deadline, the User loses the right to withdraw from an individual agreement with the Organiser (Support in exchange for a Reward).
12. The Agreement can be terminated by either Party, i.e. the User or the service Provider, with one-month's notice. A declaration on termination of the Agreement can also be sent by electronic mail. If the User carries out a Project and collects Payments for that Project as the Organiser, and the Project was created before the end of the notice period, the Agreement expires on the date the Parties have settled their accounts or on the date the Project is concluded and Payments are no longer made under the Project. The above stipulation does not exclude or limit in any way the Organiser's obligation to deliver Rewards to the Supporters (in particular under individual agreements concluded with them) as a consideration and does not exclude the Organiser's obligations regarding payment of taxes or other contributions or public charges, as well as meeting formal and legal requirements, if such obligations related to the Project or applicable provisions of law apply to the Organiser or the place where the Project is carried out.
§ 4. Creating a Project
1. In order to create a Project, the User must successfully create an Account and provide Data determined as mandatory in § 3 hereof.
2. In order to create a new Project, the User referred to in the preceding point logs in to his/her Account, from the home page of the Website or the User menu clicks on the "Add a Project" option, and then moves on to defining that Project and information about it (in accordance with the few indicated steps). For the Project to be created, the information provided by the User includes the following (it is indicated which types of information is mandatory and which is optional):
The columns where the above-mentioned information (both mandatory and optional) are entered can include quantitative restrictions (e.g. a limited number of characters) or a predefined content to choose from or can allow for attaching only files with a specific file extension.
3. The minimum planned Financial Objective of the Project, understood as the total planned amount of the Support which the Organiser wishes to obtain for the Project is, in PLN (or calculated into PLN by the exchange rate as at the date on which the Project was launched):PLN 2,000 (say: two thousand Polish zloty). The maximum Financial Objective of the Project is in PLN (or calculated into PLN by the exchange rate as at the date on which the Project was launched): PLN 1,700,000 (say: one million seven hundred thousand Polish zloty).
4. The Organiser is solely responsible for the content, including video files, photos and texts uploaded as part of information about the Project and is responsible for ensuring that they do not violate third-party rights, in particular copyrights or do not constitute plagiarism and do not violate third-party personality rights.
5. The Organiser is obliged to determine the Rewards constituting consideration and which will be provided to the Supporters in exchange for their Support. The above is carried out on the basis of individual agreements concluded between the Organiser and the Supporter (Reward for Support). The Organiser is also obliged to provide the approximate time when the Reward will be delivered to the Supporter, which respectively: a) in the case of small rewards (e.g. “mugs”, “t-shirts” or other gadgets), in particular those which do not exceed PLN 250 (say: two hundred fifty Polish zloty) per item or rewards which can be delivered independently from the Project implementation (e.g. are not related to teh publication which is being developed under the Project) is not more than 60 calendar days; b) in the case of other rewards does not exceed 12 (twelve) calendar months. The deadlines indicated above, in a) and b) respectively is calculated from the first day following the date on which the Project is completed. Sole responsibility for delivery of Rewards and the date of their delivery lies with the Organiser. The Organiser is responsible for obligations resulting from applicable provisions of law on consumer protection in relation Supporters who are Consumers receiving Rewards.
6. The Project, containing at least the mandatory information specified in point 2 above is submitted for the Service Provider's verification by way of the Organiser pressing the "For verification" button.
7. The submitted Project is verified by the Service Provider solely in terms of its compliance with the Website's principles, policy and actions and the Terms of Use, and in the case of Projects constituting scientific research or research and development work, it can be verified by the Service Provider supported by the Service Provider's Scientific Council (which provides opinions solely on the Project's compliance with the Website's principles, policy and actions and the Terms of Use). When verifying a Project, the Service Provider or the Service Provider supported by the Scientific Council acts solely on the basis of information made available by the Organiser and other free-of-charge information and information available in the Internet which can be easily acquired by the Service Provider, i.e. in particular in a way which is not time-consuming or laborious. The Project verification period is 5 (say: five) working days. In the case of Projects, where the "Total Support" option is selected, the Project acceptance period is 10 (say: ten) working days. Working days are understood to be days from Monday to Friday, excluding public holidays in Poland. The Project’s positive verification by the Service Provider or the Service Provider supported by the Scientific Council and its publishing on the Website is not tantamount to taking over liability for that Project and the content it includes, nor is it tantamount to taking over liability for the delivery of Rewards to Supporters by the Service Provider, the Scientific Council or its individual Members. The Organiser is solely responsible and liable for the Project, the content of that Project and actions taken under it, and is liable for the delivery of Rewards to Supporters. The Organiser shall release the Service Provider from any liability in this regard. A User who provides Support to the Project understands the above conditions and consents to them.
8. In the case of the "Total Support" option, the Organiser consents to sending information about the Project (before its publication on the Website) to entities cooperating with the Service Provider, who are registered on the Website as Investors or who cooperate with the Service Provider, in order to interest them in providing total support to the Project, under arranged and negotiated individually by the Investor with the Organiser, including partially outside the Website. In case an entity who will provide "Total Support" to the Project is found and an adequate Agreement in this regard is concluded, the Project is moved to the archive. The Project’s positive verification by the Service Provider or the Service Provider supported by the Scientific Council and its sending to Investors or publishing on the Website is not tantamount to taking over liability for that Project and the content it includes, nor is it tantamount to taking over liability for the delivery of Rewards or Special Rewards (if specified) to Supporters/Investors by the Service Provider, the Scientific Council or its individual Members. The Organiser is solely responsible and liable for the Project, the content of that Project and actions taken under it, and is liable for the delivery of Rewards/Special Rewards to Supporters or Investors. The Organiser shall release the Service Provider from any liability in this regard. An Investor or User who provides Support to the Project understands the above conditions and consents to them.
9. The Service Provider refuses to deem the Project to be positively verified and to publish it on the Website if the Service Provider, in terms of information in its possession, decides that:
10. It is possible to offer, as a Reward in the Project in exchange for the Support, a specific, working, fully operational device which is safe for consumers (or device/thing as part of a planned series production), providing that the provisions in the foregoing sentence are met. In the case of offering a Reward in the form of a specific, working, fully operational device which is safe for consumers, it is necessary for the Organiser to legally be at the disposal of that device upon submitting the Project and have the necessary rights to use that device in Poland, including the right to transfer ownership rights to the Supporter, as well as ownership of the necessary certificates (e.g. CE), homologation or documents confirming marketing authorisation of that device.
11. In case of health technologies or other solutions used in healthcare, regarding in particular medicinal products or medical devices, such technologies (inclusive of selected models, prototypes or concept solutions, planned research etc. –provided they meet requirements specified by provisions of law) can constitute only "Special Rewards" offered solely to Investors, provided that supplying them, making them available or selling the rights to them to Investors is fully legal in the light of applicable provisions of law. The above-mentioned "Special Reward" is at the same time always subject to individual arrangements and negotiations between the Organiser and the Investor, including partially outside the Website, and it can be transferred provided a prior adequate agreement between the Organiser and the Investor is concluded. The transfer of the above-mentioned Reward is settled by way of a bank transfer or another manner (outside the PayPal system), agreed upon in written form, between, respectively: The Organiser, the Supporter and the Service Provider.
12. Verification of the Project by the Service Provider is subject to provisions hereof and is completed, with the exception of point 13 of this paragraph, by way of its publication on the Website.
13. Information about negative verification (refusal to approve a Project) by the Service Provider is sent to the User electronically to the e-mail address provided by the User. The User has the right to appeal against the negative verification (refusal to approve) the Project in the complaint procedure mode.
14. The Project can be implemented for a limited period of time, and Support from Supporters can be received during that period. The duration of the Project is expressed in days and is between 20 and 90 days - this period can be reduced by the time needed for moderation and launching of the Project by the Service Provider on the Website. It is not possible to extend the duration of the Project.
15. The amount of financial resources constituting the sum of the Support is visible during the entire duration of the Project and is updated on a regular basis.
16. The Project is considered as completed regardless of whether the Financial objective of the Project has been achieved during its course, until its last day. Failure to achieve the Financial objective of the Project does not release the Organiser from the obligation to deliver Rewards to Supporters as consideration for the Support provided, nor the obligation to complete official formalities or pay taxes or other public levies, should such an obligation apply. The Organiser shall bear full responsibility in this regard before the Supporters, as well as public administration, tax offices and other institutions.
17. In the event the Project is completed without achieving the Financial objective of the Project (understood as the total planned amount which the Project Organiser wishes to obtain), the Organiser can submit the Project to the Website once more, but only for the amount which the Organiser failed to collect to achieve the Financial objective the first time.
18. In relation to the Project implementation, the Organiser is obliged to pay taxes or other public levies in accordance with the applicable provisions of Polish law or law applicable to the Organiser's registered seat, applicable on the date on which the tax obligation arises.
§ 5. Project Support
1. In order to support a Project, the User who wishes to become a Supporter must log in to the Website.
2. The User who wishes to become a Supporter clicks on the "Select a reward" icon for the published Project. That way the Supporter selects a Reward which constitutes consideration for the Support. The Supporter will be automatically transferred to the PayPal payment system currently available on the Website, unless he/she makes a payment. In case payment is made in a different currency than the currency adopted for the Project implementation, it will be automatically converted into the Project currency, in accordance with the payment system operator's terms. The maximum Support amount which can be provided by the Supporter in one Project is, in total, not more than EUR 15,000 (say: fifteen thousand Euro) (or an equivalent of this amount in PLN) in return for the selected Reward or Rewards (regardless of the number of types of Rewards selected). By clicking on “Pay”, the Supporter confirms that he/she understands he/she is contributing to the progress of the Project and is not making a direct purchase. Rewards are managed by the Project Organisers and cannot be guaranteed by the Service Provider.
3. In the case of the "Total Support" option, payment is made by way of a bank transfer or another manner (outside the PayPal system), agreed upon in written form, between the Organiser, the Supporter and the Service Provider.
4. In return for the support provided, the Supporter is eligible for a Reward, selected and paid for, which constitutes consideration for the Support from the Organiser.
5. Upon providing Support to the Project, an agreement between the Supporter and the Organiser is concluded. On that moment the Supporter consents to the Service Provider making the Supporter's data available to the Organiser (first name and surname or full name, address, phone number, e-mail address) to allow the Organiser to perform the agreement concluded with the Supporter, including delivery of the Reward. The Organiser can use the Supporter’s Data solely for the purpose of delivering the Reward and performing the agreement concluded with the Supporter. The Organiser shall not use Supporters’ Data in any other way than in the manner specified in the preceding sentence. Violation of this provision by the Organiser constitutes a gross violation of the Terms of Use.
6. A User who is an Organiser can at the same time be a Supporter or his/her project. A User can be simultaneously an Organiser of not more than two different Projects implemented at the same time. The limitation stipulated in the preceding sentence does not apply to Projects covered solely by the “Total Support” option.
7. With the exception of cases specified in the Terms of Use or resulting from applicable provisions of law, the Supporter cannot withdraw the Support he/he provided to the Project, even if the Project has already reached the Financial Objective of the Project – i.e. the Organiser has collected the desired amount for the Project.
8. The Support collected for the Project by the Organiser will be reduced by fees made in favour of Pay-Pal, the payment system operator (in accordance with the value indicated by the operator) and a commission due to the Service Provider amounting to 6% gross, (say: six percent) of the Support value, to which the Organiser consents and which is taken into account by him/her in the Project budget.
9. Payments made by Supporters are transferred on a regular basis to the Organiser's PayPal account after having been reduced by the fees referred to in par. 8 and Remuneration amounts transferred to the Service Provider's account. Should it be impossible to deliver the Rewards specified in the Project, in particular due to declaration of bankruptcy (or proceedings of a similar nature), commencement of liquidation or the receipt of a decision on removing of the Organiser, the Organiser undertakes to immediately pay all collected amounts back to the Supporters, at his/her risk and expense.
10. The Organiser is obliged to immediately inform the Service Provider about any events which impact or may impact implementation of the Project or the Organiser's performance of specific agreements concluded with the Supporters. Should such events - including those described in point 9, second sentence - occur, the Service Provider is entitled to remove the Project from the Website.
§ 6. Terms of using the Website
1. It is not permitted or authorised to use the Website in a manner inconsistent with the provisions of these Terms of Use, the applicable provisions of law, morality or principles of social coexistence, or the concluded Agreement.
2. It is not allowed or permitted to duplicate, copy or use the contents of the Website, its logos, marks and trademarks without prior written or e-mail consent of the Service Provider. The above does not apply in a situation where the Service Provider makes the logo, designations and trademarks available to Users and determines with the principles of their use.
3. The User cannot copy or use of materials, texts, documents that may violate third-party copyrights and other intellectual property rights, including rights of the Service Provider.
4. Any image files, videos and texts or other materials must be posted on the Website by the User in a way which does not violate applicable provisions of law and does not violate third-party copyrights or other intellectual property rights or personality rights. The User has the right to edit the videos and texts or other materials he/she posted in order to correct, delete or supplement them individually or through the Service Provider. Information in the Project designated as mandatory cannot be edited – pursuant to § 4 point 2 of the Terms of Use, unless the Service Provider has given its separate consent and introduces appropriate changes.
5. By posting image files, videos and texts or other materials, the User grants the Service Provider a non-exclusive license valid for an indefinite period and without territorial restrictions, to use, record, duplicate, perform in public, display, reproduce and make available in a way accessible to anyone in a freely selected place and time. The licence agreement referred to in the preceding sentence may be terminated after five years of its conclusion with a two-year notice, at the end of the calendar year. The User in not entitled to any remuneration for this licence.
6. The User is obliged to refrain from taking actions which would prevent or hinder the Website's operation or would impede its correct functioning to the User, the Service Provider or other Users.
7. The User is obliged not to upload (in any part of the Website) any content which is vulgar, racist, violates morality, applicable provisions of law or third-party rights.
8. The User agrees not to send marketing messages to other Users, in particular messages constituting unsolicited commercial information within the meaning of the Act on provision of electronic services.
9. The Service Provider can send messages to and receive messages from Users within the Website. The User agrees to receiving information from the Service Provider concerning technical interruptions or difficulties in the Website's operation, regarding e.g. a failure of servers, links or other technical issues or failures due to force majeure, as well as other information related to the functioning of the Website.
§ 7. Disabling or deleting the User Account
1. The User is obliged to use the Website in compliance with provisions of the law, the Terms of Use and the Agreement, as well as in line with morality and the principles of social coexistence and respect for the third-party rights.
2. In the event of violation of provisions of the law, these Terms of Use, morality or principles of social coexistence and violation of third-party rights, the Service Provider reserves the right to temporary or permanent disable the User's account or disable the User's access to some content or Services in the Website. The User will be informed about the temporary or permanent disabling of his/her Account in an e-mail sent to the address specified by the User.
3. Regardless of the stipulations in the preceding point, in particularly egregious cases the Service Provider has the right to disable the User's Account permanently. The above is possible in case the Service Provider calls upon the User – at least in electronic form – to cease the violations and the violations continue after 2 (say: two) working days from the date on which the Service Provider calls upon the User. Deleting a User Account constitutes termination of the Agreement referred to in § 3 point 12 of the Terms of Use, whereas the Service Provider – when a Project is ongoing – takes a unilateral decision about its discontinuation. The User will be informed about deletion of the account in an e-mail sent to the e-mail address indicated by the User.
4. In cases indicated in this paragraph the User has the right to appeal, which is examined in the complaint procedure specified herein.
§ 8. Operating of the Website and liability
1. Service Provider reserves the right to temporarily turn off or limit the operation of the Service at its own convenience in order to perform an update, conduct a technical review, verify the solutions used, ensure maintenance or upgrades. The Service Provider will inform the Users about the plans to turn off or limit the operation of Website by posting information about that fact on the Website.
2. The Service Provider reserves the right to sell or transfer any rights to the Website, as well as the right to restrict its operation or close down or discontinue provision of Services in part or in whole, without giving notice to the User.
3. The Service Provider is not liable for the content or the form of Data or any other information, including information about the Project, posted by Users on the Website.
4. In the case of the Service Provider obtaining information that Data or other information, including information about the Project posted by Users are contrary to the law, the Terms of Use, morality or principles of social coexistence, the Service Provider may ask the User to verify or modify the Data or other information or can block the display of the Data or the other information until they have been verified or modified. The User has the right to appeal against the blocked display of Data or other information, in accordance with the complaint procedure specified herein.
5. The Service Provider has the right, which it reserves, to suspend, interrupt or cancel a Project if the Service Provider learns that implementation of the Project would constitute a violation of applicable laws or provisions of these Terms of Use. The User has the right to appeal against the suspending, interrupting or cancelling of the Project, in accordance with the complaint procedure specified herein. In case a project is suspended, its duration is extended by the time for which the Project had been suspended.
6. The Service Provider is not liable for the dissemination of Data, or other information posted by Users, including information about the Project, carried out by other Users or third parties, if it was made in violation of applicable provisions of law, these Terms of Use or good morals or principles of social coexistence.
7. The Service Provider does not supervise the execution and timely implementation of the Projects posted on the Website or the features of the Rewards, or the rules and date of their delivery, and has no liability in this regard. The Service Provider is an entity which provides Users who are Organisers with the Website to carry out Projects and obtain financial support and support; whereas the Service Provider is not a party to liabilities arising between the Supporters and the Organiser. The Supporter and the Organiser understand and accept the above conditions.
8. The Service Provider is not liable for the safety and effectiveness of payment transactions made via PayPal. Users should report any comments or concerns associated with the operation of payment transactions (transfers or online payment service) directly to the operator of electronic transfers or PayPal system provider.
9. If the support provided to the Organiser by the Supporter was to exceed the PLN equivalent of EUR 15,000.00, it will be registered under the Act on combating money laundering and financing of terrorism. This obligation applies to this amount also when the support is the result of more than one financial operation, as long as they are connected. In this case, the Organiser will be required to provide information in accordance with the Act in question, under pain of being denied access to the Website in terms of financing of the Project.
10. Provisions of the Act of 11 March 2014 on public collections (Journal of Laws of 2014 item 498) do not apply in connection with the Supporters obtaining a consideration in the form of Rewards from Organisers in consideration of their Support. It is not permitted to organise public collections, specified to in the Act referred to in the preceding sentence, at the Website. If the Organiser intends to conduct or conducted a public collection with the use of the Website, he/she bears the sole responsibility including legal and tax responsibility.
11. The Service Provider shall not be and cannot be held responsible for the failure of a User or Users acting as an Organiser to meet an obligations (related to providing information, settlements or taxes, public levies or other such public obligations).The Service Provider shall not be and cannot be held responsible for the shape, form and legal content of the agreements concluded between the Organizers and Supporters, nor the implementation of these agreements. The Users understand and accept the above conditions.
§ 9. Complaints
1. Any objections or comments related to the functioning of the Website, as well as appeals or requests indicated directly herein must be submitted by way of sending a complaint application to the following e-mail address: info@scienceship.com
2. A complaint will be examined if all the following conditions have been met:
3. Complaints are examined within 14 (say: fourteen) days of their receipt by the Service Provider. In case the complaint includes unclear content or phrases or is incomplete, the Service Provider has the right to call upon the User to, respectively: explain, clarify or supplement the content of the complaint within 7 (say: seven) days; if the call remains unanswered, the complaint will not be examined.
The deadline referred to in the first sentence of this point within which the Service Provider is to examine the claim, is counted from the date on which the User, having been called upon by the Service Provider, provided an explanation or a clarification or supplemented the compliant.
4. The Service Provider sends the answer and decision regarding the complaint to the User's e-mail address.
§ 10. Options
1. Options, i.e. solutions regarding providing financial support or other forms of support for Projects or Organisers, can be created by the Service Provider at its own discretion. Options can be either permanent or temporary. Options are designated as "Option (name)". Options can be implemented in cooperation with third parties.
2. The Service Provider can mark Projects on the Website which are subject to an Option, including by using a special graphic designation.
3. Separate terms regarding solutions in the Options can be specified in "Option Terms of Use", regarding in particular the Projects, their groups, Rewards or terms of Project implementation.
4. A User who is an Organiser decides whether a Project will be implemented with the use of an "Option" (based on additional "Option Terms of Use" and in the case of issues not regulated herein, based on these Terms of Use) or on standard terms based on these Terms of Use). In the case the "Option" is selected for a Project, the User is obliged to accept the Option Terms of Use; such acceptance results in changes to the Agreement in the scope resulting from the Options Terms of Use.
§ 11. Out-of-court means of resolving disputes
1. In accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection, a User with a consumer status is entitled to submit a request to the Regional Trade Inspector to initiate mediation proceedings on the amicable settlement of a dispute between the User and Service Provider. Information on the rules and mode of mediation proceedings conducted by the Regional Trade Inspector is available in Regional Trade Inspection Offices and on their websites.
2. A User with consumer status is entitled to submit an application to the permanent consumer court of arbitration referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection, requesting settlement of a dispute arising from the concluded Agreement. Rules of organisation and operation of permanent consumer courts of arbitration are specified by the Regulation of the Minister of Justice of 25 September 2001 on determination of the rules of organisation and operation of permanent consumer courts of arbitration.
3. A User with consumer status is entitled to obtain free-of-charge assistance in settlement of a dispute between the User and the Service Provider by using free-of-charge assistance of the poviat (municipal) consumer ombudsman or social organisation whose statutory tasks include consumer protection (i.a. Consumer Federation, Association of Polish Consumers).
4. In case the complaint procedure has been exhausted, a User with consumer status can use the out-of-court possibility of resolving disputes by electronic means via ODR on-line platform which enables pursuing one's claims in respect of services provided by the Service Provider under these Terms of Use. The ODR platform is available at: http://ec.europa.eu/consumers/odr/.
Detailed information on availability of possibilities for a User with consumer status to use out-of-court means of examining and pursuing claims and rules of access to such procedures are available in seats and websites of poviat (municipal) consumer ombudsmen, Regional Trade Inspectors and under the following webpages of the Office of Competition and Consumer Protection
§ 12. Final provisions
1. These Terms of Use are available at the Service Provider's seat: 78 Pory Street, 02-757 Warsaw, Poland and in electronic form at: www.scienceship.com. These Terms of Use can be acquired, displayed and saved by means of an ICT system.
2. The Service Provider reserves the right to introduce changes to the Terms of Use. Changes enter into force within 7 (say: seven) days from their publication on the Website. If the User does not agree to changes in the Terms of Use, he/she can terminate the Agreement by sending a declaration on termination of the Agreement at the following e-mail address: info@scienceship.com. In the case referred to in the preceding sentence, until the expiry of the Agreement, provisions of the Terms of Use in the previous wording shall apply, provided the Agreement is in force when:
3. A change of the Terms of Use referred to in point 2 above does not affect in any way the performance of an agreement concluded between the Supporter and the Organiser on support to a given Project, if said agreement was concluded before the change was introduced.
4. In matters not regulated herein provisions of the Polish law will apply, in particular provisions of the Polish Civil Code.
5. The Parties will attempt to resolve amicably any disputes arising from or connected with using these Terms of Use or arising from or connected with Agreements concluded between Users and the Service Provider, and should amicable resolution prove to be impossible, the dispute will be settled by a common court competent for the following address: ul. Pory 78, 02-757 Warszawa.
6. Annex: declaration of withdrawal from the Agreement.
7. These Terms of Use become effective on 26 April 2016
Annex:
Signovis Sp. z o.o. with its registered seat in Warszawa, at ul. Pory 78, 02-757 Warszawa, entered into the register of entrepreneurs maintained by the District Court in Warsaw, 13th Economic Division of the National Court Register under KRS 0000474282; NIP: 5213654188, REGON: 14 68 49 067, share capital PLN 20,000.00, email address: info@scienceship.com
- I/We*) hereby wish to inform you (*) about my/our withdrawal from the agreement on the sale of the following things(*) agreement on the supply of the following things(*) specific task consisting in the preparation of the following things(*)/agreement on the provision of the following service(*)
- Date on which the agreement was concluded(*)/date of receipt(*):
- Name and surname of the consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s) (only if the declaration is sent in paper form)
- Date
(*) Delete as appropriate.
The PDF version of an Annex can be downloaded from this link:
TEMPLATE OF A DECLARATION ON WITHDRAWAL FROM THE AGREEMENT - ScienceShip.com.pdf
