Terms of Service

REGULATIONS OF THE RefereeWise APPLICATION

§ 1. DEFINITIONS

  1. Application – the RefereeWise application, available in a web version at www.refereewise.com/ and as a mobile application, offered by the Service Provider,
  2. Service Provider – REFEREEWISE sp. z o.o. with its registered office in Wrocław, at ul. Jana Czochralskiego 9/7, 50-231 Wrocław, entered into the National Court Register, maintained by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register, under KRS number: 0001041139, Taxpayer Identification Number (NIP): 8952258141, National Business Registry Number (REGON): 525540402, share capital: PLN 5.000.
  3. User – an individual who has met the conditions specified in the Regulations and has registered and activated an Account in the Application.
  4. Consumer – a consumer within the meaning of Article 221 of the Act of 23 April 1964 – Civil Code, i.e., a natural person having full capacity to perform acts in law or – in cases provided for by law – limited capacity to perform acts in law, entering into an Agreement with RefereeWise or using services provided by RefereeWise electronically in a scope not directly related to their business or professional activity.
  5. Entrepreneur – an entrepreneur as defined in Art. 431 of the Civil Code, i.e., an individual, legal person, or organisational unit without legal personality, which the law grants legal capacity, operating a business or professional activity in their own name, entering into an Agreement with RefereeWise or using services provided electronically by RefereeWise.
  6. Account – identified by a unique name (username) assigned to the User, a set of resources in the Service Provider's IT system where the User's data is stored, necessary for using the Application.
  7. Registration Form – a questionnaire available in the Application for Users to create an Account,
  8. Order Form – a form available in the Application, enabling the User to purchase a selected learning plan,
  9. Agreement – a service provision agreement, provided by the Service Provider via the Application, concluded between the User and the Service Provider for a specified period, under the terms set out in the Application's Regulations.
  10. Services – all services (both paid and free) provided electronically by the Service Provider to Users under the Agreement via the Website or Application;
  11. Regulations – these Regulations, defining the rules for using the Application. The Regulations are freely available via the Application in a format that allows downloading, saving, and printing, ensuring easy access.
  12. Website – the website operating at: www.refereewise.com
  13. Privacy Policy – a document available in the Application, defining the rules related to the processing of personal data by the Service Provider via the Application, fulfilling their information obligation as per data protection regulations.
  14. Civil Code – the Act of 23 April 1964 – Civil Code.
  15. Materials – photos and other materials (especially texts, graphics, logos, source codes) considered works under the Act of 4 February 1994 on copyright and related rights, placed in the Application owned by the Service Provider or used with the consent of a third party who holds intellectual property rights to the Materials.
  16. Newsletter – an electronic service provided by the Service Provider, upon the User's prior consent, consisting of the User automatically receiving key information, including commercial information, related to the Website and Application, to the email address provided by them.
  17. Act – the Act of 30 May 2014 on consumer rights.

§ 2. GENERAL PROVISIONS

  1. These Regulations apply to Agreements and other services provided by the Service Provider via the Application and Website.
  2. The owner and administrator of the Website and Application is the Service Provider.
  3. Electronic services provided by the Service Provider in the Application and Website involve enabling the User by the Service Provider to:
    1. conclude Agreements under the terms of these Regulations,
    2. create and own an Account in the Application,
    3. receive the Newsletter,
    4. use other services available in the Application.
  4. Advertisements, promotions, price lists, and other information on learning plans, provided on the Website and in the Application should be considered an invitation to enter into an Agreement, bearing in mind Art. 71 of the Civil Code.
  5. Sales and services within the Website and Application are provided both within and outside the territory of the Republic of Poland.
  6. The Service Provider exercises the utmost care in fulfilling Agreements.
  7. The provisions of these Regulations are not intended to exclude or limit any rights of a User who is a Consumer, granted under generally applicable laws, especially under the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights. In the event of inconsistency between the provisions of these Regulations and the regulations mentioned in this point, the latter shall prevail.
  8. For an Entrepreneur who is a natural person running a business registered in the Central Registration and Information on Business (CEIDG), who concludes an Agreement directly related to their business, and it is evident from the Agreement's content that it does not have a professional character for such an Entrepreneur, especially from the subject of the business activity disclosed in CEIDG (especially Polish Classification of Activity [PKD] numbers) – the provisions of these Regulations concerning the User being a Consumer also apply to such an Entrepreneur, excluding the provision of Art. 558 § 1 second sentence of the Civil Code. For the Entrepreneur mentioned in this point, starting from 1 January 2021, the provisions of Art. 563 and Art. 567 § 2 of the Civil Code also do not apply.
  9. The Service Provider provides Services via the Application and Website. Both platforms have common functionalities.
  10. The Regulations are an integral part of the Agreement, concluded by the User starting to use the Services.

§ 3. TERMS OF USE FOR THE WEBSITE AND APPLICATION

  1. To use the Services via the Website and Application, it is essential to meet the following technical requirements simultaneously:
    1. have an active email account;
    2. access to a device that allows browsing websites through an installed web browser;
    3. an active Internet connection for the device;
    4. acceptance of Cookies;
  2. The versions of operating systems listed below are the minimum required for the proper functioning of the Website, Application, and associated Services. Users should use:
    1. a PC computer/laptop with Windows 8.1 or higher installed,
    2. a Mac computer/laptop with macOS Sierra or higher installed,
    3. a smartphone/tablet with Android 5.0 (Lollipop) or higher installed,
    4. a smartphone/tablet with iOS 10 / iPadOS 13.1 or higher installed.
  3. To use the web application provided on the Website, users should use the latest version of a browser compatible with their device: Mozilla Firefox 114 or higher; Google Chrome 114 or higher; Opera 99 or higher; Microsoft Edge 114 or higher, as well as other available market web browsers in the latest updated version.
  4. The application can be downloaded for free onto a mobile device from the Google Play Store, AppStore, or another appropriate store for the device's operating system, or installed via the Website at: www.refereewise.com
  5. Only individuals with full legal capacity can be users.
  6. Depending on the chosen learning plan, the user has access to different content available in two plans – Free and Pro.
  7. Users are obliged to provide the Service Provider with only true personal data based on which the Service Provider assesses the user's compliance with the conditions specified in the Regulations necessary for providing Services. Users should also update this information to reflect the current factual state.
  8. Users are obliged to protect the confidentiality of information allowing access to their Account in the Application, especially by not disclosing this information to third parties.
  9. Users are obliged to use only their own Account; they are also prohibited from sharing their Account with third parties under any circumstances.
  10. Services provided by the Service Provider are intended solely for the personal use of Users and cannot be used, in whole or in part, for any other purposes, especially advisory or informational for others, or for comparative or illustrative purposes.
  11. Users are obliged to use the Services only in accordance with the Regulations, applicable laws, and good practices accepted for the use of the Internet and services provided through it.
  12. Services provided through the Application are available to individuals who have entered into a telecommunication services agreement with the Service Provider via the www.refereewise.com website after setting up an Account in the Application.
  13. Users may not take actions that could affect the proper functioning of the Application, especially they cannot interfere with the Application's algorithms or its source code.
  14. Users are obliged to refrain from copying, modifying, distributing, reprinting, transmitting, or using in any other way (especially for marketing, commercial, or profit-making purposes) the Materials placed in the Application without the written consent of the Service Provider or another person or third party who holds intellectual property rights to the Materials, except for using these Materials within the scope of permitted use as per the Act of 4 February 1994 on copyright and related rights.
  15. Violation of the provisions of the preceding point could constitute a breach of the law, thus providing grounds for initiating civil or criminal proceedings against individuals or entities engaging in such practices.

§ 4. APPLICATION FUNCTIONALITY

  1. Within the Application, the User gains:
    1. Access to the chosen learning plan:
      1. Free (free plan) – a free learning plan detailed in the Application;
      2. Pro (extended plan) – a paid learning plan, detailed in the Application;
    2. the ability to create an Account;
    3. subscription to the Newsletter.
    4. promotions and special offers;
  2. Creating an Account by the Buyer requires:
    1. filling in the Registration Form and clicking a dedicated button. Then, the Buyer will receive an activation link at the email address provided in the Registration Form, which must be clicked to successfully complete the registration;
    2. or logging in using the SSO (single sign-on) mechanism (Google).
  3. After creating an Account using one of the methods mentioned in the preceding points, the User immediately gains access to the Account via an individual login and password. The Account in the Application is set up for an indefinite period, and its possession does not entail any financial obligations for the User towards the Service Provider.
  4. Through the Application's functionality, the User has the option to delete their account using a dedicated button and confirm the account deletion via email at any time. However, the Service Provider notes that to have full access to the purchased learning plans in the Application, an active Account is essential.
  5. Any questions or comments regarding the Application's operation should be sent to the email address contact@refereewise.com

§ 5. PAYMENTS

  1. In connection with the provision of Services offered by the Service Provider, a fee is due according to the prices available on the Website and in the Application at the time of selecting the Service.
  2. The Service Provider does not apply price profiling to Users.
  3. Prices listed on the Website and in the Application are expressed in Polish zlotys, euros, and British pounds. They are gross prices and include all components, including VAT.
  4. When selecting a Service, the User can choose one of the following payment methods depending on the payment service provider, geolocation and other factors determined by the payment providers:
    1. Internet transfer to a bank account,
    2. payment by Visa, MasterCard, American Express, Discover, Diners Club, China UnionPay,
    3. payment via BLIK, Bancontact, EPS, giropay, iDEAL, Przelewy24,
    4. payment via Google Pay, Apple Pay, Link, PayPal,
    5. payment via TwistoPay, Klarna.
  5. Online payments are handled through:
    1. the PayU platform available at www.payu.pl - by PayU S.A. with its registered office at: ul. Grunwaldzka 186, 60-166 Poznań, National Court Register Number (KRS): 0000274399, Taxpayer Identification Number (NIP): 7792308495, Taxpayer Identification Number (REGON): 300523444, entered as a National Payment Institution in the Register of Payment Services kept by the Financial Supervision Authority at the UKNF under number: IP1/2012;
    2. the Stripe platform available at www.stripe.com - by Stripe Inc with its registered office at: 354 Oyster Point Blvd South San Francisco, CA 94080 United States.
  6. If payment is not made within 3 days for the selected plan by the User in the registration or order form, the order is subject to cancellation.
  7. Every purchase is documented with proof of its acquisition in the form of an electronic invoice, sent to the email address provided by the User in the registration or order form.

§ 6. COMPLAINTS

  1. In the event of disruptions related to the provision of Services by the Service Provider (Application functionality), they can be claimed by Users by sending an email to: contact@refereewise.com at any time.
  2. The complaint should specify its subject and describe the disruptions related to the Website or Application's operation.
  3. Complaints are considered by the Service Provider within 14 calendar days from the day of receiving the complaint. Within this period, the User will be informed about the resolution of the submitted complaint via an electronic message sent to the email address provided in the complaint.
  4. The Service Provider accepts complaint notifications only from Users.

§ 7. WITHDRAWAL FROM THE AGREEMENT

  1. A User who is a Consumer has the right to withdraw from the Agreement, without giving any reason, within 14 days from the day of receiving access to the Application.
  2. To exercise the right mentioned above, the User should submit a declaration of withdrawal from the Agreement within the specified period, via email to the Service Provider's address: contact@refereewise.com
  3. The template for the declaration of withdrawal from the Agreement is Annex No. 1 to these Regulations.

§ 8. PERSONAL DATA PROTECTION

  1. The Service Provider is the Data Controller of Users' personal data.
  2. As the Data Controller, the Service Provider processes personal data in accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation), the Act of 10 May 2018 on personal data protection, and other relevant personal data protection regulations.
  3. All detailed rules regarding the processing of personal data, including in particular the purposes and legal bases for processing and the rights of Users as data subjects, are included in the Privacy Policy.

§ 9. FINAL PROVISIONS

  1. The Service Provider reserves the right to introduce restrictions in the use of the Application due to its technical maintenance, maintenance work, or efforts to improve its functionality. At the same time, the Service Provider commits to ensuring that such restrictions and interruptions occur during night hours and last as briefly as possible.
  2. The Service Provider reserves the right to amend these Regulations. Changes will take effect at the time explicitly indicated by the Service Provider, no earlier than 30 days from their announcement. Changes to the Regulations cannot infringe upon the rights of Users acquired before the introduction of changes. Changes to the Regulations will be communicated to Users via email and through notifications in the Application.
  3. Any disputes between the Service Provider and the User – subject to their mutual consent – will be resolved amicably or in the presence of an independent and impartial mediator.
  4. A User who is a Consumer may:
    1. use out-of-court complaint consideration and claim enforcement procedures as set out in the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Dz. U. item 1823) The competent entity for conducting proceedings on out-of-court resolution of consumer disputes to which the Seller is subject is the Lower Silesian Regional Inspector of the Commercial Inspection in Wrocław (address: ul. Ofiar Oświęcimskich 15A, 50-069 Wrocław, e-mail: sekretariat@wiih.wroclaw.pl, website: http://wiih.ibip.wroc.pl/public/ ),
    2. file a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
  5. In the event of an inability to amicably resolve a dispute, the court competent to hear disputes will be the court competent for the Service Provider's registered office, and for a User who is a Consumer, the court competent according to general rules.
  6. The law applicable to the Contract is Polish law, in accordance with which the Contract should be interpreted. However, the choice of Polish law cannot deprive a Customer who is a Consumer of the protection provided by provisions that cannot be contractually excluded under the law of the Consumer's country.
  7. These Regulations are in effect from 23.07.2023.

Attachment No. 1 - Declaration of Withdrawal

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