Terms of use

§ 1 General Rules

  1. These Terms and Conditions have been drafted in implementation of the obligation referred to in Article 8.1 (1) of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2016, Item 1030).
  2. These Terms and Conditions regulate the use of the Benefit Systems MultiSport Zone, e.g. for the purpose of advising Users of special offers and additional services, enrolment in selected sports and recreational activities made available periodically, and to lay down the terms of operation of the “Support from the start” Incentive Programme available to Users in the MultiSport Zone, and in particular User rights and obligations, as well as the benefits of participation in the “Support from the start” Incentive Programme. Users are required to accept these Terms and Conditions in order to access the MultiSport Zone.
  3. Current Terms and Conditions are published in the appropriate MultiSport Zone tab and on the Website at: www.kartamultisport.pl/regulaminy. The User may view and save these Terms and Conditions in any technically available manner, in particular download these Terms and Conditions from the Website.
  4. The use of the MultiSport Zone feature is fully voluntary and subject to possession of an active Card by the User (or a Card awaiting activation).
  5. The MultiSport Zone may offer the use of additional services upon acceptance of separate terms and conditions regulating a given service.
  6. Benefit stipulates that the sports and recreational activities made available periodically via the MultiSport Zone on particular dates are subject to limited availability. Enrolment is on a first-come first-served basis.

§ 2 Definitions

1.      The capitalized terms below used in these Terms and Conditions have the following meaning:

a)    Personal data – personal data within the meaning of the Regulation of the European Parliament and of the Council of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter the GDPR), according to which personal data shall be deemed to include all information related to an identified or identifiable natural person.

b)    Benefit – Benefit Systems S.A., with its registered office in Warsaw (00-844) at Plac Europejski 2, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under number 370919, NIP 8361676510, REGON 750721670, e-mail: bok@benefitsystems.pl,

c)    Card – a card issued by Benefit, which entitles its holder to use MultiSport Programme services.

d)    Customer – the entity which, based on a contract with Benefit, allows its employees, contractors or associates, their companions or children to use the MultiSport Programme.

e)    Partner – the entity which provides sports and recreational activities under the MultiSport Programme to Card users, on the basis of a contract with Benefit, where the use of such activities is subject to presentation of the Card and an ID document.

f)    MultiSport Programme – a set of services selected by Benefit to match customer needs, as described in detail in a contract with the Customer, which are made available to Card users registered by the Customer and which are provided by Partners.

g)  “Support from the Start” Incentive Programme – a programme which makes Users eligible for prizes from Benefit for holding an active Card and an active account in the MultiSport Zone, on the terms set out herein.

h)  Terms and Conditions – means these terms and conditions, together with all attachments.

i)    MultiSport Zone – a set of services and features available to Users upon registration and logging into www.kartamultisport.pl, as well as a set of User data and settings related to services operation after logging in.

j)    Website – the website available at www.kartamultisport.pl.

k)   User – the natural person who has an active Card (or a Card awaiting activation) and has registered in the MultiSport Zone.

§ 3 User Rights and Obligations

1.    The User shall use the MultiSport Zone in compliance with these Terms and Conditions, laws, the general rules of Internet use, following good practices, and in particular shall not violate third party rights or the rights or interests of Benefit.

2.    In particular, it shall be forbidden to:

a)    deliver any unlawful content, in particular content which violates these Terms and Conditions, laws, the general rules of Internet use or good practices,

b)    place in or distribute via the MultiSport Zone any malicious software (including viruses and Trojans) or other mechanisms or devices that could cause disruption of the MultiSport Zone operation or its operation incompatible with these Terms and Conditions,

c)    impersonate other people, provide false personal data or otherwise mislead as to the User’s identity.

3.    If the User is found to use the MultiSport Zone contrary to these Terms and Conditions, in particular to engage in the practices described in items 1 and 2 above, Benefit may, with an immediate effect, block such User’s MultiSport Zone, as well as take any actions seeking to remedy the loss or damage sustained.

4.    The User is required to immediately notify Benefit in the manner specified in § 8 Item 1 below of any violation of his/her login rights and/or password, and of any violation of the rules set out in these Terms and Conditions.

5.    Benefit declares that the public nature of the Internet and the use of services provided by electronic means may involve the risk of unauthorized acquisition or modification of User data, therefore, the Users should use appropriate technical measures to minimize such risks. In particular, the Users should use anti-virus software and software protecting the identity of Internet users. Benefit never asks the User to provide his/her MultiSport Zone password in any form.

6.    After granting an additional consent in the MultiSport Zone, the User may authorize Benefit to send to the telephone number provided reminders of the upcoming sports and recreational activities for which the User has signed up. The consent to additional messages may be withdrawn at any time in the account settings.

§ 4 Technical Requirements

1.    To use the MultiSport Zone a device with Internet access is required.

2.    The MultiSport Zone may be used provided that the User’s ICT system meets the following minimum technical requirements:

a)    browsers: Chrome 49.x, Chrome Mobile 44.x, Firefox 51.x, Opera 43.x, MSIE 11.x, Microsoft Edge 14.x, WebKit Mobile 10.x or later

b)    Adobe Acrobat Reader software in certain cases to properly open PDF files

c)    the website is fully responsive.

3.    For use of additional services or features of the MultiSport Zone by the User, additional technical requirements may apply, as described in individual terms and conditions.

§ 5 Registration and Login

  1. To use the MultiSport Zone it is necessary for the User to register.
  2. In order to register, Users are required to provide their personal details, including their email address and Card number, in the registration form.
  3. The User should complete all the fields in the registration form, unless a field is marked as optional.
  4. The information entered in the registration form should refer only to the User and be true and accurate.
  5. The User should read and acknowledge these Terms and Conditions by checking the appropriate box in the registration form.
  6. The User is required to set a password consisting of at least 6 characters, including lower and upper case letters.
  7. No registration in the MultiSport Zone or account setup shall be possible if the User does not meet the conditions set out in Items 2-6 of this section.
  8. In a situation where the User is a child up to 13 years of age, registration in the MultiSport Zone is performed on behalf of the child by his/her parent or legal guardian.
  9. Upon registration and provision of the login and password (or the use of User login on Facebook) and after clicking within 48 hours in the link sent to the User's e-mail address to confirm account registration, the User becomes logged into the MultiSport Zone.
  10. To use MultiSport Zone features, the User must be logged in.
  11. The “Profile” tab in the MultiSport Zone contains User data processed by Benefit in order to manage the MultiSport Zone account, including the User’s full name, Card number and type, Card status (active or inactive) and email address entered during profile registration. Other information provided in the MultiSport Zone by the User is provided voluntarily and is not required for account maintenance.
  12. The User has the right to change the password.
  13. In the event of a change of the Card number, the new Card number must be entered in the appropriate tab on the Website in order for the User to continue to use the MultiSport Zone.
  14. The User is required to make every effort to keep the password confidential and not to disclose it to third parties. In the event of any circumstances indicating that the password is known to an unauthorized person, the User shall immediately notify Benefit using any available means of communication. In that case, the User should change the password immediately, using the appropriate features within his account.
  15. If a Card becomes inactive, access to special offers and additional services shall be blocked and time accrual for the “Support from the start” Incentive Programme will stop.

§ 6 SUPPORT FROM THE START Incentive Programme Rules

1.    All Users are automatically enrolled in the Support from the Start Incentive Programme after setting up an account in the MultiSport Zone.

2.    Depending on the length of use of their MultiSport Zone accounts with active Cards, Users shall be eligible for prizes on the following terms:

a)    Users shall be eligible for their first prize after the first 4 (four) months of having an account in the MultiSport Zone with an active Card,

b)    Users shall be eligible for their second prize after the first 9 (nine) months of having an account in the MultiSport Zone with an active Card,

c)    Users shall be eligible for their third prize after the first 12 (twelve) months of having an account in the MultiSport Zone with an active Card,

d)    Users shall be eligible for their fourth and subsequent prizes after each successive 6 (six) month period of having an account in the MultiSport Zone with an active Card.

3.    Each prize may be redeemed during the 2 (two) weeks following its award by Benefit to the User. If the User fails to redeem the prize within the 2 (two) weeks, it shall be forfeited.

4.    Users shall be informed by Benefit about their prizes by email and/or in a communication published in a dedicated tab in the MultiSport Zone.

5.    To redeem the prizes, Users are required to mark and accept the appropriate selection box. Electronic prizes (e.g. a discount code, a link to an audiobook, or a link to an additional service or a voucher) may be downloaded by the User and saved on the device running the MultiSport Zone. For in-kind prizes, Users shall be informed by Benefit how to collect them.

6.    The prizes cannot be exchanged for cash.

§ 7 Personal Data

1.    Benefit serves as the controller of User’s personal data in accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter  the GDPR) to the extent such processing is necessary for the operation and use of the MultiSport Zone. Detailed information on personal data processing may be found at https://www.benefitsystems.pl/polityka-prywatnosci/. Questions concerning personal data protection should be sent by e-mail to daneosobowe@benefitsystems.pl.

  1. Personal data are processed for the purpose of providing the service and based on Benefit’s legitimate interest which is:

a)    direct marketing consisting of Benefit offering new products or services and in order to improve service quality by measuring satisfaction with the services by contacting the User via the communication channel chosen by the User, for purposes of analysis and statistics,

b)    tailoring the MultiSport Zone to User needs,

c)    ensuring secure electronic provision of services by Benefit, including enforcement of the Terms and Conditions, and preventing fraud and abuse, and ensuring traffic safety.

The telephone number is processed by Benefit, optionally, based on User’s separate consent given in order to use additional account features.

  1. Benefit shall store Users' data for the following periods:

a)    in order to provide the service – for the duration of the contract on the use of the MultiSport Zone,

b)    for purposes related to direct marketing – until the account in the MultiSport Zone is deactivated or an objection is raised, whichever occurs first,

c)    for tax and accounting purposes – to the extent and for the duration consistent with applicable regulations.

  1. The User shall have the right, at any time, to:

a)  withdraw the consent to personal data processing, provided that consent withdrawal shall not affect the processing which took place until the consent was withdrawn,

b)  object to data processing for marketing purposes,

c)   object to data processing due to a particular situation,

d)  transfer data,

e)  access data,

f)    request rectification of his/her personal data,

g)  request erasure of his/her personal data,

h)  request restriction on processing of his/her personal data,

i)    transfer personal data, i.e. the right to receive personal data from Benefit Systems, in a structured, commonly used, machine-readable IT format.

In order to exercise the above rights, the User should contact Benefit or the Benefit Data Protection Officer at iod@benefitsystems.pl.

5.    Benefit shall protect personal data received and make every effort to secure them against unauthorized access or use. Data shall be secured with the use of reasonable technical and organizational measures and security procedures in order to protect them against access by unauthorized persons or their unauthorized use. Collected personal data of Users shall be treated as a dedicated database stored on Benefit’s server in a special secure zone that ensures adequate protection.

6.    Personal data of Users may be made available to providers of additional services available in the MultiSport Programme, IT system service and maintenance providers, support entities, auditors, User service providers, e.g. Infoline, those supporting marketing efforts and public authorities. Users shall, at any time, have the right to be informed about the purpose and scope of processing of their personal data by Benefit.

7.    Personal data are provided by the User in the relevant forms during registration in the MultiSport Zone. The forms contain information about the scope of data necessary for the operation of the MultiSport Zone.

8.    The forms may have an option for the User to grant voluntary consents to the processing of his/her personal data for other purposes or by entities other than those referred to in Item 1 as well as consents to electronic marketing.

9.    The MultiSport Zone may use cookies. Details in this regard are described in the Cookie Policy on the Website at: https://www.kartamultisport.pl/polityka-cookies/.

§ 8 Intellectual Property Rights

  1. Use of the MultiSport Zone or acceptance of these Terms and Conditions does not result in the transfer of any intellectual property rights, in particular copyright in the MultiSport Zone or any part thereof, to the User.
  2. Intellectual property rights to all the content available in the MultiSport Zone, in particular copyright within the extent of its graphic, verbal and verbal-graphic components, navigational solutions, content selection or arrangement within the MultiSport Zone, are protected by law and are owned by Benefit or entities with whom Benefit has signed appropriate agreements.
  3. Any use of the content is subject to a prior express consent of Benefit.

§ 9 Contact and Complaints

  1. The User may file objections and complaints about the operation of the MultiSport Zone to the following address: bok@benefitsystems.pl or via a separate tab in the MultiSport Zone, if it becomes available. In the report the User must provide his/her login and a description of the problem.
  2. Benefit may ask the User additional questions in order to properly consider the complaints.
  3. Benefit shall consider complaints within 14 days after receiving full information permitting their consideration.

§ 10 Liability

  1. Benefit is not liable for malfunction or interruptions in the operation of the MultiSport Zone, which arise from technical reasons, change of the operating system on the User's device or incompatibility of another software on that device.
  2. Benefit is not liable for technical breaks arising from non-availability of the Internet or external websites not operated by Benefit.
  3. Notwithstanding Items 1 and 2, Benefit shall use every effort to ensure the operation of all the MultiSport Zone features offered, in particular by ensuring ongoing repairs and proper maintenance of external websites not operated by Benefit.
  4. Benefit is not liable for non-performance or improper performance of its obligations resulting from force majeure, i.e. circumstances beyond Benefit’s control, which Benefit could not reasonably foresee or prevent, including catastrophes, natural disasters, fires, floods, wars, strikes, riots or weather conditions which permanently or temporarily prevent or impede the use of all or some of the MultiSport Zone features.
  5. Benefit is entitled to breaks in the operation of the MultiSport Zone, if the reason is a failure or modification, modernization, extension or maintenance of a Benefit ICT system or software, after first informing the Users in a communication posted in the MultiSport Zone.
  6. Benefit is not liable for the consequences of User's failure to comply with the Terms and Conditions or regulations of the services provided by Partners under the Program or regulations of additional services available to Users and presented in the MultiSport Zone.
  7. Users may use the services available under the Programme as well as additional services presented in the MultiSport Zone depending on their health and fitness level.

§ 11 Amendment and Termination of these Terms and Conditions

1.    Due to important reasons, understood to include the following:

a.    any change, in particular extension, of the Multisport Zone features,

b.    any changes in the description of the existing MultiSport Zone features,

c.     any change in the terms of operation of the SUPPORT FROM THE START Incentive Programme,

Benefit reserves the right to amend these Terms and Conditions.

2.    Users shall be informed about any amendment of the Terms and Conditions by email and/or an additional message available after logging into the MultiSport Zone. Each current version of these Terms and Conditions shall be published in the appropriate MultiSport Zone tab and on the Website.

3.    Amendment of these Terms and Conditions shall become effective unless the User terminates these Terms and Conditions within 14 days after receiving the email or within the period of notice following immediately publication of the new version of these Terms and Conditions on the Website.

4.    The User has the right to cancel the contract (Terms and Conditions) in accordance with Article 27 of the Act of 30 May 2014 (Journal of Laws 2014, Item 827, as amended) within 14 days from the date of their acceptance. A statement on cancellation should be sent to:bok@benefitsystems.pl. The cancellation form is available in Attachment No. 1 to these Term and Conditions.

5.    The User may terminate these Terms and Conditions at any time by asking Benefit to remove his/her account from the MultiSport Zone.

6.    Benefit reserves the right to discontinue its services in the MultiSport Zone. In such an event, all registered Users shall be notified to that effect by email at least 14 days in advance.

§ 12 Final Provisions

  1. The governing law of these Terms and Condition is Polish law.
  2. The User may have disputes arising from these Terms and Conditions resolved either before common courts or by alternative dispute resolution methods, e.g. through mediation following the complaint process, with the consent of Benefit (details may be found at: https://uokik.gov.pl/spory_konsumenckie.php).
  3. In matters not regulated by these Terms and Conditions, provisions of Polish law, in particular the Civil Code (consolidated text: Journal of Laws of 2016, Item 380, as amended), the Act on Copyright and Related Rights (consolidated text: Journal of Laws of 2016, Item 666, as amended) and the Act on Personal Data Protection (consolidated text: Journal of Laws of 2016, Item 922) shall apply.
  4. The Cookies Policy available on the Website at: https://www.benefitsystems.pl/Cookies forms an attachment which is an integral part of these Terms and Conditions.

Attachment No. 1 to the Benefit Systems MultiSport Zone Terms and Conditions

Contract Cancellation Form

To submit a statement of cancellation of the contract with Benefit Systems on account maintenance in the MultiSport Zone, the following statement form may be used:


Benefit Systems S.A.
Plac Europejski 2
00-844 Warsaw
bok@benefitsystems.pl

This is to state that I am cancelling the contract on account maintenance in the MultiSport Zone.

User’s first name and surname .....................................................
Email address (login) .......................................................

Card number ................................................................

  1. The issuer of the card entitling to use services under the MultiSport Programme (referred to as the Card) is Benefit Systems S.A. The Card can be obtained only through Benefit Systems S.A. or through companies being part of the Benefit Systems Capital Group which entered into a cooperation agreement with Benefit Systems S.A..
  2. Within its period of validity, the Card entitles Programme user (referred to as theUser) to use the facilities of the partners of Benefit System S.A. (referred to as the Partners)  specified for a given Card type at: http://www.benefitsystems.pl/multisport/obiekty.
  3. The card is personal and cannot be shared with third parties. It is forbidden to sell the Card or to provide it in any form to third parties. Users are not allowed to use the Card for profit. User can be a holder of one Card only.
  4. The Card must be legibly signed by its User. It is forbidden to make any changes in the appearance of the Card, except for signing the Card in the space provided thereon.
  5. The User's personal data are processed in accordance with the applicable regulations to the extent that is necessary to provide services under the MultiSport Programme on the basis of the User's declaration on the processing of personal data submitted prior to the application for participation in the MultiSport Programme. Detailed information on the processing of personal data is available at https://www.benefitsystems.pl/polityka-prywatnosci/. Questions concerning the protection of personal data should be sent by e-mail to daneosobowe@benefitsystems.pl, or communicated over the telephone at +48 22 242 42 42 or by post to the following address: Benefit Systems SA, Plac Europejski 2, 00-844 Warszawa – with the note "Personal data" put on the envelope.
  6. Card ordering and participation in the MultiSport Programme is fully voluntary, which means that the User makes his/her own decision when registering for the MultiSport Programme and the persons entitled to it (accompanying persons and children). The User is entitled to withdraw from the service at any time as specified in the terms described in the agreement concluded with the Client, who under this agreement enabled the Users to use the MultiSport Programme (hereinafter referred to as the "Client"). Resignation from the MultiSport Programme means deactivation of the Card of the User and deactivation of the Cards of accompanying persons or children submitted by the User to the MultiSport Programme – at the end of the current settlement period specified in the agreement concluded with the Client.
  7. To use the services available in Partners' facilities the User is always obliged to prior show the Card and the identity document. In some facilities the User is additionally required to sign their initials to confirm the visit, or do it in a different manner applicable in the facility of a given Partner. In case of children under mandatory school age showing identity document is not required in order to use the Card.
  8. Before visiting the facility of a given Partner, please read the information provided on the Partners' subpages on the Benefit Systems S.A. website.
  9. An employee of Benefit Systems S.A. (or an authorised person by an entity cooperating with Benefit Systems S.A.) and an employee of the Partner are authorised to verify the Card against the identity document and to retain Cards used contrary to their purpose or the provisions of these Terms of Use.
  10. The User is obliged to observe the rules of the facility being used by the Partner, and in particular to use the facility during its opening hours (if there are no other additional restrictions). The Partner is entitled to charge a refundable deposit to the Card User booking places at group classes in a given month. The deposit is non-refundable if the Card User fails to attend the booked classes and fails to cancel the booking.
  11. With Customer satisfaction in mind, Benefit Systems S.A. suggests contacting the Partner in advance via telephone in order to determine the number of vacancies (e.g. at group classes).
  12. The User can make a complaint to Benefit Systems S.A. in connection with using the MultiSport Programme or concerning the order of Cards. The complaint may be submitted in electronic form and sent to the e-mail address of Benefit Systems: reklamacje@benefitsystems.pl, or in writing and sent to the address of Benefit Systems S.A.: Plac Europejski 2, 00-844 Warszawa, with a note "Reklamacja Karta MultiSport" [Complaint – MultiSport Card]. In the complaint form the User must include their full name, Card number and a description of the problem, as well as a request for a specific action to be taken by Benefit Systems (User's request). Immediately, but not later than within 14 days of the date of receiving the complaint, Benefit Systems S.A. considers the complaint and sends the answer to the User's e-mail or correspondence address provided in the complaint form.
  13. For all information related to access to services please call the helpline on (22) 242 42 42.
  14. If the Card gets lost, damaged or stolen, that fact should be reported immediately to Benefit Systems S.A.
  15. The card is owned by Benefit Systems S.A. Benefit Systems S.A. has the right to deactivate or retain the Card only in the event of infringement of these Terms of Use or in the case of non-reception of payment for access to the Programme for the User, in accordance with the provisions of the agreement with the Client. It is the Client, who is informed about deactivation or retention of the Card if it was used contrary to the provisions of these Terms of Use, as well as about the fact of finding the Card left in the facility of the Partner.
  16. The User is responsible for securing personal data embossed on the Card against unauthorized access.
  17. Benefit Systems S.A. reserves the right to amend these Terms of Use. The Users will be informed about the amends of  these Terms of Use on the website of Benefit Systems S.A.  containing the list of amendments of these Terms of Use. This information will be maintained on the website for a period of at least 14 consecutive calendar days. Any amendment to these Terms of Use shall become effective within 14 calendar days from the date of publication. These Terms of Use and amendments thereto are available on website www.benefitsystems.pl/multisport/ in the Terms of Use tab. 

Terms and Conditions of Provision of MultiSport Diet Service, effective as of 1 September 2018

Contents

I. Definitions

II. General provisions

III.  Terms of use of MultiSport Diet Services and the MultiSport Diet Website

A.  Technical terms

B.  Formal requirements Licence for the use of MultiSport Diet Services and the MultiSport Diet Website.

IV. MultiSport Diet Services provided under the Agreement

A. Scope of MultiSport Diet Services

B. The terms of use of MultiSport Diet Services

C. The terms of provision of MultiSport Diet services

V. Privacy Policy

VI. Privacy Policy – Cookies

VII. Blocking or Removing Accounts on MultiSport Diet Website

  1. Blocking Services on MultiSport Diet Website
  2. Blocking accounts on MultiSport Diet Website
  3. Deleting accounts on MultiSport Diet Website

VIII. Complaints

IX. Final provisions

I. Definitions

The terms used in these terms and conditions shall have the following meanings:

  1. Terms and Conditions shall mean these Terms and Conditions of Provision of MultiSport Diet Services;
  2. Diet and Wellness shall mean Diet and Wellness spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Modelowa 3, 02-797 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under No. KRS 0000440420, using [tax identification number] NIP 5252544624 and [business statistical number] REGON 146412710;
  3. Benefit Systems shall mean Benefit Systems SA, with its registered office in Warsaw at the following address: Plac Europejski 2, 00-844 Warsaw, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS no.:0000370919, NIP [tax identification number]: 8361676510, REGON [business statistical number]:750721670;
  4. User shall mean a natural person holding an active sports card under the MultiSport Programme offered by Benefit Systems (hereinafter the MultiSport Programme) who uses the MultiSport Diet services provided by Diet and Wellness and satisfies the criteria defined in the Terms and Conditions;
  5. Agreement shall mean the agreement on provision of MultiSport Diet online services made, in compliance with these Terms and Conditions, between Diet and Wellness and a given User, in the wording defined herein;
  6. MultiSport Diet shall denote the name of the services provided online, for free, by Diet and Wellness to the Users under the Agreement at Benefit Systems’ order; and
  7. MultiSport Diet Website – shall mean the website found at www.MultiSportdiet.pl address along with all its constituent subpages by means of which Diet and Wellness provides MultiSport Diet services to the Users.

II.  General provisions

  1. The Terms and Conditions set forth the conditions and principles of use of MultiSport Diet services provided by Diet and Wellness to the Users. The MultiSport Diet Services include in particular the composition of individual diet plans for individual Users based on the information provided by the Users to Diet and Wellness, including the targets that are set by the Users on a case-by-case basis.
  2. The owner and administrator of MultiSport Diet Website is Diet and Wellness.
  3. The Terms and Conditions constitute an integral part of the Agreement that is concluded through the commencement of use of the MultiSport Diet service by the User.
  4. The materials made available to the Users within the framework of the individual MultiSport Diet services as well as the appearance and content of MultiSport Diet Website constitute the property of Diet and Wellness and subject to protection under the Polish Copyright and Related Rights Act of 4 February 1994 (consolidated text: Journal of Laws of 2006 No. 90, item 631, as amended). These Terms and Conditions set out the rules on which Users use the MultiSport Diet Services and the MultiSport Diet Website which are subject to legal protection.
  5. Diet and Wellness informs the Users that, owing to the public nature of the Internet via which the MultiSport Diet services are provided, the use of those services may entail the risk of third party interference with the data transmitted between Diet and Wellness and the User. Diet and Wellness wishes to draw the User’s attention specifically to the risk inherent in the unauthorised access to the User’s account on MultiSport Diet Website when the User remains logged into his/ her account on MultiSport Diet Website while not using it at the time.
  6. Diet and Wellness makes the reservation that, during the periods of maintenance of ICT systems, the access to the services provided within the framework of MultiSport Diet Website may be impaired or impossible. Diet and Wellness’ liability to the Users in that respect shall be excluded. However, Diet and Wellness undertakes to exercise utmost diligence to ensure that such inconvenience occurs as seldom as possible or lasts as shortly as possible.
  7. All opinions and comments posted by the Users on MultiSport Diet Website reflect their private views. Diet and Wellness is not obliged to monitor the content (Users’ comments or opinions) posted on the MultiSport Diet Website. Diet and Wellness shall not be liable for the content of private opinions or comments posted by the Users on the MultiSport Diet Website, especially where such Users’ posts breach any third party rights.

III.   The terms of use of MultiSport Diet Services and the MultiSport Diet Website A. Technical terms

1. Joint satisfaction of the following technical requirements shall be required for the use of MultiSport Diet services:

a) having access to a device enabling WWW browsing;

b) ensuring an active Internet connection for the device referred to in item a) above;

c) having the Microsoft operating system in the Windows 7 or a more recent version or the Apple operating system in the macOS 10.12 version or a more recent version or the Android 7.0 operating system or a more recent version or the iOS 11.4.1 operating system or a more recent version correctly installed in the device referred to in item a) above;

d) having a current version of Mozilla Firefox or Google Chrome or Opera or Safari Internet browser correctly installed in the device referred to in item a) above, enabling display, on the screen of that device, of hypertext documents (HTML) linked on the Internet via WWW online service;

e) having the cookies acceptance functionality activated in the Internet browser referred to in item d) above that is used by the User;

f) having Java Script scripts handling activated in the Internet browser referred to in item d) above that is used by the User; and

g) having Adobe Flash Player 30.0 or in a more recent version correctly installed in the device referred to in item a) above.

2. Diet and Wellness informs that the use of MultiSport Diet services is possible also using the operating systems other than specified in Clause 1c) above or the Internet browsers other than specified in Clause 1d) above installed in the device by means of which the User takes advantage of those services. However, Diet and Wellness makes the reservation that – owing to technological considerations – the use of MultiSport Diet services may be impaired in such case, and Diet and Wellness shall not be liable therefor.

B. Formal requirements. Licence for the use of MultiSport Diet Services and the MultiSport Diet Website.

1. A User may be exclusively a natural person who satisfies all of the following conditions:

  • is aged 18 (eighteen) or over and has not been legally incapacitated,
  • holds an active sports card in the MultiSport Programme; and
  • has an account in the MultiSport Zone accessible at www.kartamultisport.pl,
  • has accepted these Terms and Conditions.

2. MultiSport Diet services are available exclusively to the Users who:

  • set up an account on Multisport Diet Website via the MultiSport Zone and have logged to their account on MultiSport Diet Website; and
  • prior to commencing the use of MultiSport Diet services constituting diet plans, have established with a competent physician that there are no contraindications for the use of a diet and, furthermore, hold such consultations on an ongoing basis also when using the diet plans prepared for them within the framework of MultiSport Diet services.

3. In keeping with the notice given upon acceptance hereof, the User’s personal data, notably: first name and last name, MultiSport card number, e-mail address and the information on the commencement of the MultiSport Diet services use by the User, shall be transmitted by Benefit Systems to Diet and Wellness; the latter company shall process the said data in order to set up an account in the MultiSport Diet Website and provide the MultiSport Diet service. Diet and Wellness shall become the personal data controller upon their receipt.

4. The User shall be obliged to protect confidentiality of the login information enabling access to the User’s account on MultiSport Diet Website, in particular by not disclosing such information to third parties.

5. The User may use exclusively his/ her own account on MultiSport Diet Website. The User must not make available his/ her account on MultiSport Diet Website for use to any third parties under any title.

6. MultiSport Diet services are intended exclusively for the Users’ own use and may not be used, in part or in full, for any other purposes, in particular of advisory or information nature for other persons, or for comparative or information purposes.

7. The User shall be obliged to use MultiSport Diet services exclusively in accordance with the Terms and Conditions, applicable laws and regulations and the good practice adopted for the use of the Internet and the services provided via the Internet.

8. When using MultiSport Diet services, the User must not:

  • publish, on the MultiSport Diet Website, any unlawful materials or content, including materials or content that infringe the rights of Diet and Wellness, Benefit Systems or third parties, contents that are offensive, vulgar or otherwise contrary to the law or rules of social conduct; in particular, the User is not allowed to: publish any material of an erotic or pornographic nature or information used to use such materials, publish any personal data or image of third parties, publish the content of private conversations or communication conducted with third parties, without the prior consent of such persons, or instructions or guidance in connection with the possibility of impersonation of another User, or instructions or guidance in connection with copyright breaches; or abuse electronic communication means in a way that results in loss of stability of work or overload of the ICT systems directly or indirectly involved in the provision of the MultiSport Diet services.

9. Diet and Wellness makes the reservation that the cost of Internet connection and the costs associated with the use of the terminal devices by means of which the User takes advantage of MultiSport Diet services shall not burden Diet and Wellness.

10. Diet and Wellness shall give the User a non-exclusive licence to use the MultiSport Diet Services and the MultiSport Diet Website during the term of the Agreement only in the manner set out herein. The User’s use of the MultiSport Diet services and the MultiSport Diet Website shall not result in the acquisition of any rights by the User to the MultiSport Diet Services and the MultiSport Diet Website, including any author’s economic rights, personal related rights or industrial property rights. The aforesaid licence entitles the Users to use the materials made available within the framework of MultiSport Diet services, however exclusively for the User’s own use directly related to the use of MultiSport Diet services. The materials referred to in the preceding sentence may be used exclusively for the purpose of screening of the device used by the User for the use of MultiSport Diet services, recording in the memory of that device, recording on any electronic storage medium and printing in 1 (one) counterpart.

IV. MultiSport Diet Services provided under the Agreement

A. Scope of MultiSport Diet Services

1. The following constitutes a MultiSport Diet service provided to the User by Diet and Wellness at the order of Benefit Systems: The MultiSport Diet Programme composed of the individual diet plan generated on the basis of the User’s assumptions and guidelines, together with all programme functionalities, including specifically:

  • Diet Plan together with:

i. The possibility of replacing a meal,

ii. The possibility of replacing an ingredient,

iii. The possibility of reviewing the recipe for preparing and the details of the meal,

iv. The possibility of designing your own original diet plan,

v. The possibility of adding snacks and refreshments,

vi. The possibility of keeping track of nutrient values (calories, protein, carbs, and fats)

  • A tool motivating Users to drink more water,
  • Statistics, including in particular:

i. Weight Watcher;

ii. BMI Watcher;

iii. Daily intake watcher,

  • Shopping List;
  • The section with your favourite:

i. Days

ii. Meals,

  • Educational section “Did you know that...”
  • Recipe database,
  • Product Base; and
  • My workouts section, including in particular:

i. Calories burned calculator,

ii. The possibility of adding a workout to the diet plan, and

  • The panel to contact a dietitian.

2. Based on the individual diet plan, the User is free to choose one of the following diet types:

  • Classic diet
  • Convenient diet
  • Low-cost diet
  • Vegetarian diet
  • Hashimoto diet
  • Diabetes diet
  • MIND diet
  • DASH diet
  • Gluten-free diet
  • Diet for active people
  • High-protein diet
  • Muscle building diet.

When taking advantage of MultiSport Diet Programme, the User may change his or her diet type any number of times.

B. Terms of Use of MultiSport Diet Services

1. Diet and Wellness makes the reservation that the use of MultiSport Diet services provided to the Users shall require holding of an active account on MultiSport Diet Website.

2. In order to commence the use of MultiSport Diet services, the User shall:

  • select one of the individual diet plans; and
  • provide, during the registration process, or supplement in the account settings on MultiSport Diet Website the information required for generation of the first individual diet plan.

3. In order to activate the MultiSport Diet services immediately, the Users consents for the activation of the service before the expiry of 14 days from the purchase date and thus waives his/ her right to withdraw from the Agreement.

4. The User’s use of the MultiSport Diet Services shall not entail any additional costs to be paid by the User to Diet and Wellness or Benefit Systems.

C. Terms of Provision of MultiSport Diet Services

1. Provision of MultiSport Diet services shall commence, to which commencement the User hereby consents, upon the development of an individual diet plan on MultiSport Diet Website.

2. The User represents that he/she has acknowledged and understands that:

  • for due provision by Diet and Wellness of MultiSport Diet services the User’s proper collaboration is required consisting in thorough supplementing of the requisite information as the individual diet plan is generated each time based on the information provided by the User in his/her profile on MultiSport Diet Website; and
  • the application of a diet of a specific type may be precluded in the event of existence of health contraindications for its application. The User represents that, prior to proceeding to the application of a diet selected from the diets offered under MultiSport Diet service, the User has held consultations with a competent physician to determine all recommendations or contraindications for the method of nutrition of the User consistent with the selected diet type;
  • the individual diet plan enables the User to arrange a nutrition system facilitating achievement and maintenance of a specific weight of the User’s body, which weight cannot be lower than the minimum standards of correct body mass set by the World Health Organization (WHO) and defined by the body mass index (BMI) parameter; and
  • in spite of being prepared on the basis of the current state of the art, individual diet plans, owing to their specific nature and complexity of the human body, do not guarantee achievement of the effects desired by the User, for which Diet and Wellness is not liable.

V.   Privacy policy

1. The Users consents to have his/ her personal data processed by ticking the relevant box while registering an account on the MultiSport Diet Website.

2. Giving consent to the processing of the User’s data is voluntary but necessary to use the MultiSport Diet Services and the MultiSport Diet Website.

3. Diet and Wellness represents that:

a) Your personal data are administered by:

Diet and Wellness spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Modelowa 3, 02-797 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under No. KRS 0000440420, using [tax identification number] NIP 5252544624 and [business statistical number] REGON 146412710;

b) Purposes of personal data processing:

Diet and Wellness shall process your personal data as required in order to fulfil the duties and exercise the rights under the Agreement, and also for marketing purposes.

Furthermore, Diet and Wellness shall process personal data to assert any claims or protect justified interests of the Controller.

If you have consented to the processing of personal data for marketing purposes, Diet and Wellness shall process the personal data for that person, i.e. to send you marketing information and offers concerning its products and services.

c) The legal ground for the processing of your personal data is:

Agreement on the provision of MultiSport Diet services by electronic means.

The legal ground for the processing of your personal data for marketing purposes is your consent. Diet and Wellness hereby gives notice that the consent may be withdrawn at any time. Consent withdrawal shall not affect the validity of the processing prior to the consent withdrawal.

The legal ground for the processing of your personal data to ensure top quality of our services is a legitimate purpose of the Controller.

d) Information on the personal data recipient categories:

Your personal data may be disclosed or transferred only to:

  • the employees and associates of Diet and Wellness who are authorised to process personal data in relation to their job duties,
  • Benefit Systems – only in terms of the information on the frequency of the MultiSport Diet Website use for settlement purposes,
  • other entities that intermediate in the use of our services pursuant to your instruction,
  • suppliers of technical and organizational services for Diet and Wellness to the extent necessary for their implementation, but only as part of authorizations or assignments, in particular: suppliers and entities specialised in providing technical support for ICT systems, accounting firms providing accounting services, law firms providing legal advisory and representation services, transport companies and others;
  • entities entitled to obtain it by law.

e) Transferring personal data to third countries or international organizations:

Diet and Wellness shall not give your personal data to recipients outside the European Economic Area (European Union member states, Island, Norway and Liechtenstein);

f) The period for which personal data will be stored:

Diet and Wellness shall process your personal data for as long as required to implement the services you selected under the agreement and shall store your personal data for the statute of limitations period for claims under civil law.

Personal data obtained pursuant to your consent for marketing purposes shall be processed during the validity of such consent.

g) Your rights:

You may file the following requests (concerning your personal data) with us:

-  for rectification / correction of personal data

-  for deletion of data that have been processed unlawfully

-  for limiting personal data processing

-  for transferring personal data to another data controller.

You may exercise those rights by sending a request to our e-mail address: daneosobowe@MultiSportdiet.pl

In order to ensure that you have the right to make the request, we may ask you for authenticating data.

h) Information on automated individual decision-making:

Your data shall not be subject to automated individual decision-making. Your personal data shall not be used for profiling purposes without your prior consent.

i) Use of cookies:

cookies are used on MultiSport Diet Website, which permits customisation of provision of MultiSport Diet services, to some extent, to the User’s individual needs and preferences and development of statistical data relating to the use of MultiSport Diet services. The level of utilisation of cookies has been defined by means of the browser’s settings. The User may change cookies settings by using the settings options. Acceptance of these Terms and Conditions shall be tantamount to application of cookies consistently with the browser’s settings.

j) Ability to lodge a complaint in relation to the processing of your personal data:

You have the right to complain to the President of the Office for Personal Data Protection (Prezes Urzędu Ochrony Danych Osobowych) if you believe that your personal data are processed in breach of law.

VI. Privacy Policy – Cookies

  1. By using MultiSport Diet Website, the User consents to the use of cookies in compliance with this Privacy Policy. If the User does not consent to the use of cookies by us, the User should change the settings of his browser accordingly or renounce from the use of MultiSport Diet Website.
  2. Cookies are files recorded and stored on the User’s computer, tablet or mobile phone while the User visits different websites. A cookie typically contains the name of the website from which it originates, the cookies “length of life” (time of existence) and a randomly generated unique number used for the identification of the browser through which the connection with the website is made.
  3. Two types of cookies may be used on MultiSport Diet Website, namely session and permanent cookies. The former ones remain on the User’s device solely for the duration of use of MultiSport Diet Website. Permanent cookies remain on the User’s device as long as their set length of life or until their removal by the User.
  4. MultiSport Diet Website uses various types of cookies, especially cookies required for correct operation of MultiSport Diet website, tracking of the activity of the Users navigating around MultiSport Diet website and enabling delivery to the Users of advertisements reflecting their interests.
  5. The default settings of the majority of online browsers allow automatic acceptance of cookies. The User may change the browser’s settings so that cookies are blocked, in full or in part, e.g. third-party cookies only, or so that the User receives each time a message at the time of sending of the cookies to the User’s device. The User should be aware that blocking of our cookies may adversely impact the comfort of use of MultiSport Diet Website. For instance, the User may not be able to visit certain areas of MultiSport Diet Website or to receive personalised information during their browsing. The User shall also prevent us from gathering anonymous information on the use of our websites for the purpose of ongoing optimisation of the content of MultiSport Diet Website.

VII. Blocking or Removing Accounts on MultiSport Diet Website

A. Blocking Services on MultiSport Diet Website

  1. Should Users post contents that are in breach with law or the Terms and Conditions, Diet and Wellness shall have the right to block the User’s ability to use the MultiSport Diet services for the time required to clarify the matter or eliminate the content that breach the law or the Terms and Conditions.
  2. The User represents that he/she has acknowledged and understands that blocking by Diet and Wellness of the possibility to use a MultiSport Diet service consistently with the Terms and Conditions does not result in interruption or suspension of the account’s term of validity.

B.  Blocking accounts on MultiSport Diet Website

  1. Diet and Wellness makes the reservation, to which reservation the User hereby consents, that Diet and Wellness may block the User’s account on MultiSport Diet Website when the User continues to breach the provisions of the Terms and Conditions during the time required to clarify the matter or to eliminate the breach of the Terms and Conditions by the User, in spite of having been notified of such breach.
  2. The User represents that he/she has acknowledged and understands that blocking by Diet and Wellness of the User’s account on MultiSport Diet Website consistently with the Terms and Conditions results in temporary loss by the User of the possibility to use some or all MultiSport Diet services, to which temporary loss of use the User hereby consents.
  3. The User represents that he/she has acknowledged and understands that blocking by Diet and Wellness of the User’s account on MultiSport Diet Website consistently with the Terms and Conditions does not result in interruption or suspension of the account’s term of validity.

C.  Deleting accounts on MultiSport Diet Website

  1. The User may remove, at any time, his/her account on MultiSport Diet Website.
  2. Diet and Wellness makes the reservation, to which reservation the User hereby consents, that Diet and Wellness may remove the User’s account on MultiSport Diet Website whenever the User:
  • grossly breaches the Terms and Conditions in spite of having been notified of such breach;
  • breaches the Terms and Conditions in spite of earlier blocking of the User’s account on MultiSport Diet Website; or

3. The User represents that he/she has acknowledged and understands that removal of the User’s account on MultiSport Diet Website results in irreversible loss of all information accumulated therein by the User.

4. The User represents that he/she has acknowledged and understands that removal by the User of the User’s account on MultiSport Diet Website constitutes termination by the User of the Agreement on provision of MultiSport Diet services with immediate effect.

VIII. Complaints

  1. The complaints in connection with the use by the User of MultiSport Diet services shall be lodged in writing and sent to the registered office of Diet and Wellness or by electronic means to: reklamacje@MultiSportdiet.pl.
  2. Complaints shall be lodged within 7 (seven) days from the date of occurrence of the event warranting the lodging of the complaint.
  3. A complaint shall contain the marking of the User lodging the complaint and a brief description of the event warranting the complaint, together with the related statement of grounds.
  4. Within 14 (fourteen) days of receipt of a complaint, such complaint shall be examined and the User lodging such complaint shall be notified of the outcome sent via electronic mail to the electronic mail address designated by the User and used by the User for communication in connection with MultiSport Diet services.

IX. Final provisions

1. Diet and Wellness reserves the right to amend the Terms and Conditions for valid reasons in connection with an amendment of:

  • the terms of provision of MultiSport Diet services;
  • the terms of the use of MultiSport Diet Services;
  • a change in the functionality of the MultiSport Diet Website;
  • the applicable laws.

2. The amendments to the Terms and Conditions shall take effect after the lapse of 14 days from the date of their publication on MultiSport Diet Website. The User shall be additionally notified of the content and scope of the amendments to the Terms and Conditions by Benefit Systems by means of a notice of the amendments to the Terms and Conditions sent to the User’s electronic mail address.

3. The matters not regulated herein shall be governed by the provisions of the Polish law.

4. All disputes arising in connection with the User’s use of MultiSport Diet services shall be resolved, if necessary, by a Polish common court having material jurisdiction on the basis of the regulations of the Polish law and in the Polish language.

5. If any provision of the Terms and Conditions is found to be or is deemed invalid in light of a final and binding court ruling, all remaining provisions of the Terms and Conditions shall remain in full force and effect.

I. DEFINITIONS OF TERMS

Website – shall mean the website found at www.neurogra.pl;

Administrator – shall mean Neurogra Sp. z o.o. with its registered seat in Warsaw, ul. Podchorążych 15/19/37, 00-721 Warszawa, KRS 0000520976, NIP [tax identification number]: 521-367-78-58, that provides the service by electronic means via the Website;

User – shall mean any natural person using the Website and the services made available via the Website;

Services – shall mean the services available to the Users via the Website such as browsing of the Website’s pages, use of free trial Training Sessions, setting up of an account, logging into an account, use of paid Training Sessions and use of other functions available at any given time via the Website;

Subscription – shall mean placement of a request for paid access to the Service over a selected period of time;

Free Access – shall mean any form of access to the Service over a selected period of time;

Training Platform – shall mean the part of the Website in which training sessions are to be conducted;

Mobile Application – shall mean the part of the Website accessible via a dedicated mobile application;

Game – shall mean a single game comprised of cognitive training sessions;

Category – shall mean one of the types of functions trained with the help of the Website, e.g. memory;

Session – shall mean a single cycle of Games under a Training Programme;

Exercise – shall mean a single instance of playing a Game during a Training Session;

Training Session – shall mean improvement of one of the Categories through Exercise;

Training Programme – shall mean a Training Session arranged according to the specific parameters and comprised of a number of the Games selected based on the User’s preferences;

Standard Training Session – shall mean any session arranged based on the basic selection of the Games; and

Dedicated Training Session – shall mean any specially designed Training Programme, e.g. memory training.

II. GENERAL INFORMATION

This document, hereinafter the Terms and Conditions, sets forth the terms of use of the Website and the offered Training Sessions and the remaining functionalities of the Website.

Commencement of the use of the Website is tantamount to acceptance of the provisions of the Terms and Conditions.

III. SERVICES OFFERED VIA THE WEBSITE

The basic offer of the Website is comprised of brain training sessions in the form of online Games and Training Programmes accessed via the Website and Mobile Applications.

Some of the Services provided via the Website are paid. The paid Services have been defined on the Website and are not accessible to the Users who have not paid the applicable fee or have not been granted free access, subject to the provisions of Clause 3 below.

The Website offers free access to a limited scope of the paid Services within the framework of the so-called Test Training Programme over a period of five days per User. Access to the Test Training Programme requires prior setup of an account by the User on the Website.

The Website offers free access to the Services within the framework of the selected research projects or marketing campaigns organised or co-organised by Neurogra Sp.z o.o. The Users shall be informed about the details and rules of free access in the descriptions of specific projects.

The Training Platform offers ready-made Training Programmes and individual Games. Within the framework of a valid Subscription, a User may play the Games without limitations on the Website and Mobile Application while observing the rules defined in these Terms and Conditions until the expiry of the User’s Subscription.

Training Sessions under the Training Programme are held according to the time schedule set in the Programme.

IV. CONCLUSION OF THE AGREEMENT

The agreement on provision of the service consisting in making available the Website’s free content is made at the time of entry by the User in the browser of the Website’s online address or use by the User of a link redirecting the User to the Website.

The agreement on provision of the service consisting in purchasing access to the paid part of the Website shall require prior setup of an individual account by the User and is made at the time of the User’s logging into his account and selection of the appropriate Subscription. The agreement is made on the condition that the payment has been effected via the transaction system or by a funds transfer to the bank account designated by the Administrator.

V. RULES OF USE OF THE WEBSITE

The User shall be obliged to use the Website in compliance with these Terms and Conditions, the applicable laws, the rules of social coexistence and good practices, in particular while respecting third party rights and the Administrator’s rights.

The User may effect an online payment for the Subscription for the selected period of time via the Website. Electronic funds transfer transactions shall be settled via PayU.

The User may effect an online payment for the Subscription for the selected period of time via the Mobile Applications. Such transactions shall be settled for iOS system via Appstore and for Android system via Play.google.com

The User shall have the possibility to use any selected Login if such Login can be properly distinguished from the logins of the other Users of the Website, is not misleading and does not infringe any third party rights or good practices. Each User may hold one account only. Setting up more than one account shall require prior arrangements with the Administrator concerning the Website’s capacity in terms of keeping of two accounts belonging to a single User.

Use of the Website in its part not requiring logging in is free of charge. The payable part of the Website is the Training Platform that can be accessed following the setting up of an account, payment of the applicable fee and logging in. The details of the payments and method of their execution are provided on the Website on the page containing the information on the Subscriptions at www.neurogra.pl/subscriptions. In the Mobile Applications, such details can be found under the “subscriptions” tab. The logged Users have the possibility to take part in competitions and add their comments. The terms and conditions of the competitions constitute a separate document.

The Users shall be fully liable for the content of the posted comments or other content displayed on the Website. Entry and use of the content or words widely considered offensive, vulgar and unlawful, i.e. violating the laws in force in Poland, or infringing third party rights shall be prohibited. Access to such content or words or the Accounts on which those are found may be blocked by the Administrator.

If, as a result of the posting of a comment or another content by the User on the Website, a third party files a claim against the Administrator, the User shall be obliged to indemnify the Administrator harmless against any liability, settle reasonable third party claims and reimburse the Administrator for any costs and redress any damage sustained by the Administrator in connection with such claim. The User shall protect his password against third party access. Lending the passwords for use, selling them or making them public by the Users shall be prohibited. The Administrator shall not be liable for the use of the User’s password by a third party unless such use is due to the Administrator’s fault. Following the end of a session, the logged User shall be obliged to log out of the Website by selecting the “Logout” option.

VI.  RIGHTS, OBLIGATIONS AND SCOPE OF LIABILITY OF THE WEBSITE ADMINISTATOR

The Administrator shall not be liable for:

a) the posting of the content by the Users and veracity of that content, including the content of the comments, opinions and reviews or other similar content posted by the Users;
b) method of use of the Website by the Users and the consequences of the use of the Website unless this is attributable to the circumstances for which the Administrator is liable;
c) the content of the descriptions and details characterising the Accounts of the registered Users entered by the Users;

d) the use of the Service by the Users in breach of the provisions of these Terms and Conditions and the hardware requirements defined in the Terms and Conditions; or
e) the consequences of the third parties’ access to a registered User’s password unless a third party obtained the User’s password through the Administrator’s fault.

The Website’s Administrator shall be authorised to:

a)      block the Account of a registered User and all content posted by such User in the event of a breach of these Terms and Conditions of the Website or the laws in force in Poland, in compliance with the applicable laws and regulations;

b)      disable, from time to time, in justified cases the Website or the individual Services available via the Website, subject to prior notification of the Users, if the need arises for any repairs or upgrades;

c)      make available the passwords and details of the registered Users to the competent authorities under the applicable laws and regulations or relevant administrative decisions or court rulings; or

d)      discontinue making the Website or individual Services available to the Users, subject to prior notification of the Users via the Website. When such Services are offered against payment and the User has paid for such Services, the Administrator shall reimburse the User for the value of the unused Subscriptions.

The method of operation of the Website or/and the scope of the Service may be amended by the Administrator in order to improve the quality of their provision. In such case, the Administrator shall be obliged to inform the Users via the Website of any material change to the scope of the available functions that impact the method of use of the Website. The above shall not affect the rights already acquired by the Users.

The fact that the Website may be connected via links to third party websites does not mean that the Service Provider is liable for the operation or content of such third party websites.

VII. OBLIGATIONS OF A WEBSITE USER

The User undertakes to use the Website in accordance with the provisions of these Terms and Conditions, the applicable laws and regulations and the rules of social coexistence. In particular, the User undertakes to respect the rights of the other Users, specifically their author’s economic rights and moral rights, not to post any advertisements or copyrighted materials or materials subject to related copyrights to the distribution of which the User is not authorised, not to take any measures that could impair or prevent the operation of the Website, not to use any nicknames, titles, descriptions, content etc. that are unlawful or constitute the words widely considered offensive or violating good practices or referring to such words.

When the User refuses to remove the content referred to in Clause 1, the Website’s Administrator shall have the right either to remove such content independently or to block or remove the Account of the registered User. All graphic elements, technical solutions and other elements of the Website, in particular its HTML and XHTML codes, CSS sheets, JavaScript scripts and multimedia links in which the Users have no rights shall be protected by law in terms of the copyright vested in the Administrator. The User shall not be authorised to copy or fix the Website, whether in part or in full, or its components in any manner or form.

VIII. SETTING UP AN ACCOUNT AND LOGGING INTO THE ACCOUNT

Registration and setting up of an account on the Website is free.

Provision of a correct and active email address belonging to the User shall be required for registration purposes. Provision of a password to be used during logging into the Website shall also be necessary.

Registration and setting up of an account on the Website shall be conditional upon acceptance by the User of these Terms and Conditions, to be made openly through the marking of the relevant option on the registration form.

Registration must be confirmed by the User by clicking on the special link found in the confirmation email. The confirmation email shall be generated and sent automatically at the time of the setting up of the account to the email address provided by the User.

The User shall be unable to use the Website without completing the registration process and activating the account.

The Users may log exclusively to the accounts that have been duly set up and confirmed.

Registration without acceptance of the confirmation email may result in removal of the data by the Administrator after the lapse of 14 days from the setting up of the account.

Provision of a correct email address and password by the User shall be required for logging into his account.

A lost password may be recovered by using the “Remind the password” option offered on the Website or by contacting the Administrator of the Website using the details provided under the “Contact” tab.

IX. PURCHASE ORDERS AND PAYMENTS

Full access to the Training Platform is granted on the condition of the purchase of a Subscription consistently with the Price List displayed on the Website and comprising the details of the Subscriptions, to be found at www.neurogra.pl/subscriptions. In the Mobile Application, such details can be found under the “subscriptions” tab.

The prices are quoted gross and are inclusive of VAT.

The price of the Subscription specified in the purchase order is the ultimate amount to be paid. No additional or hidden fees apply. The Subscription covers access to www.neurogra.pl website and to NeuroGra Mobile Applications.

Payments made via www.neurogra.pl website are processed automatically and on a self-service basis in collaboration with an external agent, PayU S.A., a joint-stock company with its registered seat in Poznań, ul. Marcelińska 90, hereinafter the “Payments Administrator”, that operates an electronic payments handling website at payu.pl. The Administrator shall not be liable for the acts or omissions of the Payments Administrator. Execution of a payment for the Subscription requires prior placement of a purchase order at www.neurogra.pl/subscriptions under the “subscription” tab.

Payments are executed in compliance with the terms and conditions of the Payments Administrator found at www.payu.pl/regulaminy-i-materialy-informacyjne,7690.html.

Payments for the applications using Android system shall be handled by play.google.com store from the individual User’s account.

Payments for the applications using iOS system shall be handled by appstore.com store from the individual User’s account.

Placement of purchase orders shall be possible exclusively for the Users holding accounts on the Website and logged into their accounts, in compliance with these Terms and Conditions.

The User may cancel his purchase order by contacting the Administrator unless the payment accompanying the purchase order has been already effected. This shall not prejudice the consumer’s right to withdraw from the agreement for the use of the Website within the scope outlined below.

The Administrator shall automatically cancel the purchase order when the Payments Administrator fails to state the requisite balance in the account by the dates set (5 days for bank transfers and 3 days for the remaining forms of payment).

At the time of collection of the payment by the Payments Administrator, the related information is automatically transferred to the Website’s software, which enables access to the Training Platform over the ordered period of time as well as generation and posting of the applicable notification email to the User. Throughout the period covered by the Subscription, the User may take advantage of any Training Programmes available on the Training Platform. Purchase of the Subscription for a given period of time shall cause the conclusion of the agreement for paid use of the Website over a specified period of time paid for by the User. The User may terminate such agreement under the circumstances described in Articles 15 and 16 below. In the remaining cases, the agreement for the use of the Website shall expire upon abandonment of the Website by the User.

The Administrator shall not be liable for any issues or difficulties arising during execution of payments unless such issues or difficulties are attributable to the Administrator.

All complaints relating to payments lodged by the Users to the Administrator shall be forwarded to the Payments Administrator. As far as practicable, the Administrator shall assist the Users in resolving any payment issues and shall represent the Users in dealings with the Payments Administrator. However, the Administrator shall not be liable for the complaints handling process or for the outcome of that process.

At the User’s request, the Administrator may issue a VAT invoice for the purchased Subscription to the User. The intention to request a VAT invoice shall be notified by the User at the time of approval of the purchase of the Subscription through marking of the “I want an invoice” option and provision of the details required for its issuance and execution of the payment. The User may request issuance of an invoice not later than within three (3) months of the approval of the payment.

The User may withdraw from an agreement concluded remotely within 14 days of the conclusion of the agreement by filing a relevant withdrawal notice in writing. Withdrawal shall not be possible in the event of the use of the Services, including the Training Programme and the Games, during that period. In such case, it shall be assumed that the User has consented to the commencement of provision of the services described in these Terms and Conditions prior to the lapse of the aforesaid period of notice applicable to the agreement.

Notice of Withdrawal from a Remotely Concluded Agreement

I declare that I withdraw from the agreement on the purchase of ............................................................ dated ............................................ concluded via www.neurogra.pl website.

I kindly request reimbursement of the amounts due by a bank transfer to account No. ............................................................

Date and signature

X. TECHNICAL REQUIREMENTS AND TROUBLESHOOTING

The minimum hardware requirements for the use of the Website shall be as follows: Devices (computer, tablet, phone or smart phone) with Internet access (a fixed broadband connection is recommended);

One of the state-of-the-art popular Internet browsers; as a minimum, Internet Explorer, Firefox, Opera, Chrome or equivalent. When using a Mobile Application - its current version available for downloading from the relevant platform.

Enabled handling of JavaScript script language

Enabled cookies handling

Installed Adobe Flash Player 8.0 plug or newer

PDF file reader

Sound card with the connected speakers or headset (for listening to recordings)

Android system 2.3 upwards for applications using Android system

iOS system 7.1 upwards for mobile phones and tablets using iOS system

The Administrator shall use its best efforts to ensure that the Website operates 100% error-free on the largest possible number of computers meeting the requirements described in item 1 but does not guarantee that the Website will operate error-free on every computer.

As far as practicable, the Administrator shall assist the Users in resolving the technical issues reported by them.

The Administrator shall not be liable for the faults in or technical limitations of the computer hardware and software used by the User that prevent the User’s access to the Training Sessions or use of the Website’s full functionality.

XI. COPYRIGHT IN USER OPINIONS

A registered User shall be authorised to publish his opinions, materials, comments and posts on the forum made available via the Website. When publishing his opinions, materials, comments and posts on the forum, the User shall simultaneously grant the Administrator, free of charge, the permission to publish on the Website and in the promotional materials of the type of editorials describing the operation of the Website, advertisements based on the testimonials by the Users used in other media such as the Internet, press, television or the radio in which Neurogra.pl platform is described and in the promotional campaigns targeting an unlimited number of users of and a broad audience of such elements, in the content and form deemed appropriate by the Administrator, including simultaneous amendment of the content or form of those elements, without time or geographic restrictions, which - in relation to the content fulfilling the definition of a work within the meaning of the provisions of the Act on Copyright and Related Rights of 4 February 1994 - shall be tantamount to the granting of a non-exclusive licence within the outlined scope.

The User guarantees to the Administrator that it is the sole author and producer and holder of the related rights in the components referred to in Clause 1 and that it has not transferred to any party his copyright or related rights in that content, and grants the Administrator the permission - not limited in time - to publish such content on the Website, including the User’s image, and to archive such content with the remaining content of the Website with a proviso that the Administrator is authorised to remove from the content referred to above any elements, words or expressions widely considered offensive, obscene, unlawful or in breach of the best practices, common customs, moral or ethical standards, or that prejudice the Administrator’s good reputation, and further guarantees, within the aforesaid scope, that the persons appearing in that content have granted the User, free of charge, their consent to the use of their image and of that content in the aforesaid manner, also by the Administrator.

XII. COMMUNICATION WITH THE WEBSITE ADMINISTRATOR

The Administrator may be contacted via:

a contact form of kontakt@neurogra.pl email address found under the “Contact” tab.

The User may and should report all issues encountered while using the Website and the Training Sessions to the Administrator.

The Administrator shall accept such reports on workdays from 9:00am until 5:00pm and shall process the same in the order of their receipt.

The Administrator shall use his best efforts to respond to every report on the day of its receipt or on the following workday.

In special cases requiring a bigger time commitment, the response time may be extended to three (3) workdays.

If the User fails to receive a response after the lapse of three (3) workdays from the moment of posting of the report, the User shall report the issue once again as it is possible that, due to technical reasons, the report has not reached the Administrator or the Administrator’s response has not reached the User.

XIII. PERSONAL DATA

The Users have the right to privacy and protection of their personal data.

The Users’ personal data shall be processed in compliance with the Act on Personal Data Protection of 29 August 1997 by Neurogra Sp. z o.o. with its registered seat in Warsaw, ul. Podchorążych 15/19/37, 00-721 Warszawa, KRS 0000520976, NIP: 521-367-78-58 (hereinafter “Neurogra Sp. z o.o.” or “Personal Data Controller”) for the purposes of performance and provision of the services associated with the use of the Website in accordance with these Terms and Conditions and for the broadly understood marketing and promotion of the products and services of Neurogra Sp. z o.o., including organisation of such activities;Neurogra Sp. z o.o. declares that it is the personal data controller within the meaning of the aforesaid act. The owner of personal data has the right to access and rectify his data at Neurogra Sp. z o.o. registered seat. Furthermore, the owner of personal data has the right to file an objection to the processing of his personal data at any time and withdraw his consent to the processing of his personal data or request their removal, which, however, may necessitate termination of the services agreement binding the User and Neurogra Sp. z o.o. For safety reasons, the data owner shall contact Neurogra Sp. z o.o. personally in writing in all such matters at the following address: Neurogra Sp. z o.o., ul. Podchorążych 15/19/37, 00-721 Warszawa. Provision of data is voluntary but required for the User to make full use of the Website’s functionalities.

When registering on the Website, the User may also consent to receiving commercial information from Neurogra Sp. z o.o. relating to the products and services offered by Neurogra Sp. z o.o. as well as the products and services offered by the entities collaborating with Neurogra Sp. z o.o. by means of electronic communication, using also the email addresses and/or phone numbers provided in the registration form. At the request of the User or a person using the Website and being the owner of the personal data processed by Neurogra Sp. z o.o. in connection with the provision of the Services referred to in the Terms and Conditions, also one sent electronically, such person shall be provided with the information concerning protection of their personal data or anonymous use of the Website.

The request referred to in the above clause shall be sent to the address of Neurogra Sp. z o.o., including its electronic email address, namely kontakt@neurogra.pl. Without undue delay, Neurogra Sp. z o.o. shall send to the provided electronic mail address the information on the possibility to use the Services anonymously or using a nickname and on the technical measures made available by Neurogra Sp. z o.o. that prevent unauthorised interception and alteration of the personal data transferred electronically and on the entity to which Neurogra Sp. z o.o. entrusted the processing of the personal data.

XIV. COPYRIGHT PROTECTION OF TRAINING SESSIONS

Training Sessions are copyrighted. Copying, reproducing, distributing, publishing, displaying or broadcasting the Training Sessions and the pages of the Website in any form or using any method without the Administrator’s prior written consent shall be prohibited.

Using the Training Sessions for profit-making purposes, in particular to deliver paid courses or give private classes, without the Administrator’s prior written consent shall be prohibited.

XV. DELETION OF THE ACCOUNT

The User shall have the right to delete his account at any time. Deletion of the account shall be tantamount to termination of the agreement on the use of the Website and the Training Sessions and to irreversible loss of access to the paid for Training Sessions and the loss of the other data recorded in the account.

XVI. COMPLAINTS

Complaints, comments and inquiries in connection with the operation of the Website shall be sent via email to kontakt@neurogra.pl.

All complaints relating to the content and operation of the Website lodged by the Users shall be examined by the Administrator without delay, as far as practicable not later than within 14 days. The Administrator shall notify the Users of the outcome of the complaints handling procedure electronically using the return email addresses provided in the complaints lodged in the manner described in Clause 1 above.

XVII. FINAL PROVISIONS

The Administrator shall exercise due diligence to ensure that the Training Sessions are free of any errors impacting their delivery and effects.

All comments and questions in connection with neurogra.pl website shall be sent via email to kontakt@neurogra.pl. These Terms and Conditions shall apply from the moment of their publication on the Website. Neurogra.pl reserves the right to amend these Terms and Conditions for valid reasons. The amendments may be prompted by changes in technology, changes in the legal, economic or organisational framework of the Service Provider’s business as well as the changes in the structure or content of the Website or in the Service Provider’s offer.

The User consents to the assignment by the Administrator of the Administrator’s rights and obligations hereunder, including those related to the processing of the personal data described in Article 13, to another entity in the justified cases, in particular in the event of assignment of the rights in the Website to a third party. Such assignment may not result in the limitation of the rights to use the Website acquired by the User or in the imposition of any additional payments on the User. The User shall be notified of the change of the Website’s Administrator via email at the address designated by the User in the registration form.

All amendments shall take effect following their notification to the Users through publication of the new Terms and Conditions on the Website. Amendments to the Terms and Conditions shall take effect after the lapse of 14 days from the publication of the amended Terms and Conditions on the Website and, in relation to the registered User, including the one who has purchased a Subscription, within 14 days of the date of notification of the amendments to the Terms and Conditions to such User via email.

The Service Provider shall notify the User of the amendments to the Terms and Conditions by publishing the relevant notice on the Neurogra.pl website. Where any provision of the Terms and Conditions is found to be unlawful, this shall not affect the remaining provisions of the Terms and Conditions which shall continue in full force and effect.

Within 14 days of the effective date of the amendments to these Terms and Conditions, a registered User, including the one who has purchased a Subscription, may terminate the agreement on the use of the Website, which shall prompt reimbursement of the unused proportionate amount of the paid Subscription to the account designated by the User or by way of a remittance to the address designated by the User. To that end, the Administrator shall be contacted.

To the best of the Administrator’s knowledge, there exist no specific risks inherent in the use of the Service provided electronically via the Website.

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