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Terms and Conditions

  1. These Terms and Conditions govern the rights and obligations of the Users and provides  the legal conditions of use of the www.orbizer.com website, its subdomains, and all other related websites and mobile applications (hereinafter referred to as 'the Website').
  2. Starting from 1.01.2018 the Website is operated by Esensive sp. z o.o. (hereinafter referred to as 'the Operator') with its registered office located at  ul. Nowogródzka 21/4, 30-425 Kraków, Poland.
  3. Unless otherwise defined herein, all the concepts and terms have the meanings defined in the Definitions section of these Terms and Conditions. These Terms and Conditions and our Privacy Policy, and other regulations provided on the Website, form the entire agreement between the parties.
  4. The Operator reserves the right to modify these Terms and Conditions at any time without a notice to the User. The latest versions of the Terms and Conditions shall be published on the Website. The User is obliged to read the current Terms and Conditions before commencing to use the Website.
  5. By using the Website, the User acknowledges and agrees to abide by these Terms and Conditions. The User shall read the Terms and Conditions carefully. If the User does not agree with any of the Terms and Conditions, the User shall not use the Website.

Definitions:

Unless defined otherwise, the following terms used in these Terms and Conditions shall be construed as follows:

  1. ''Website'' is the Internet site of the Orbizer system, operating at www.orbizer.com and the related set of mobile applications of the Orbizer system. The Orbizer website is operated by the Operator under these Terms and Conditions.
  2. ''User'' is the natural person with full legal capacity, who, by accepting these Terms and Conditions gains access to the Website and its functionality. The User may also be a legal person or an organizational entity without legal personality, whom the legal regulations grant legal capacity.
  3. ''Login'' is the email address used to identify the User on the Website.
  4. ''Password'' is the string of no fewer than 8 (eight) characters, set by and assigned to the User. The password is necessary to log into and use the Website.
  5. ''Account'' is the set of services provided by the Website, together with the individual settings of the User, enabling the User to use the Website. More than one user can access the Website through one Account, as determined by the chosen and purchased Subscription Package.
  6. ''Trial period'' is the period, as indicated by the Operator, during which the User can access and use the Website free of charge.
  7. ''Subscription Package'' is the variant of the Account as chosen by the User from the options provided on the Website.
  8. ''Subscription Fee'' is the total charge per 30 (thirty) days of access and use of the Account, as defined by the Subscription Package chosen by the User.
  9. ''Subscription Period'' is the period of operation of the Account for which the user pays the Subscription Fee. This period shall be always equal to 30 (thirty) days.
  10. ''Registration'' is the single operation consisting in creating an Account by the User, performed using the Website.
  11. ''Account Administrator'' is the User who has the administration rights in relation to the Account. The Account Owner is the Account Administrator.
  12. ''Account Owner'' is the User who created the account, or the legal person on behalf of whom the User created the Account.
  13. ''Price List'' is the list of Subscription Packages available on the Website, defining the prices and features of each package.
  14. ''Service'' (''Services'') is the service or services provided by the Operator under these Terms and Conditions and delivered via the Website.
  15. ''Agreement'' is the agreement for rendering of electronic services between the User and the Operator made by the User accepting these Terms and Conditions, and consisting of these Terms and Conditions, our Privacy Policy, and other regulations provided on the Website.

General Considerations and Technical Requirements

  1. These Terms and Conditions govern the conditions of use of the Website and the rights and obligations of the Operator and the User.
  2. The Operator, by using the Website, and governed by these Terms and Conditions, provides a Service consisting of access to the Website's functionality.
  3. The access to the Account and Services provided by the Website is granted only to the Users who performed the Registration of an Account, or to those who were granted access to the Account by the Account Administrator.
  4. The Website is made accessible by the Operator  via the Internet network and the Internet Website, as an ITC  (information and communication technology) and IT (information technology) resource.
  5. In order to create an Account, the User must have an active electronic mail (email) address.
  6. In order to use the Website and Services provided by the Operator, the User must read the Terms and Conditions and agree to abide by all of them.
  7. Minimal technical requirements for the computer system the User intends to use to access the Website:
    • processor (CPU): 2,000 MHz,
    • RAM: 2,048 MB,
    • internet connection speed: not less than 1Mb/s,
    • browser:  Chrome, Edge, Firefox, Safari, in the version no older than 1 year before commencement of the use of the Website,
    • current, up-to-date version of the operating system for the mobile device.
  8. The Operator shall take all reasonable steps to ensure that the transmission of data through the Internet, as part of the Service, is correct and secure.
  9. The Operator shall not be liable for any technical problems or technological limitations of equipment used by the User which may render it impossible for the User to access the Website and/or use the Services provided thereby.

Compliance and the limitation of liability

  1. The User agrees to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Website.
  2. The Operator reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any action deemed appropriate, including, but not limited to: cancelling the User’s account, reporting any suspected unlawful activity to law enforcement authorities, regulators, or other third parties, as well as disclosing any information required by such entities,  relating to the User's profile, email address, usage history, any material or content posted or uploaded, IP address, as permitted by the Privacy Policy.
  3. The Operator shall not be liable for any breach of rights or any loss, damage or injury to third parties which may arise as a result or in relation to activities the User conducts utilising information acquired by the User in relation to the Service provided by the Operator.
  4. The Operator shall not be liable, as stipulated by the Polish Act of 18 July 2002 on Providing Services by Electronic Means – PSEM – (ustawa o świadczeniu usług droga elektroniczną), published in Journal of Laws (Dziennik Ustaw) No. 144, item. 1204 as amended.

Copyright and Intellectual Property

  1. The Service remains the property of Cinnamon Stick. All rights reserved.
  2. Project title: Creating an innovative system for comprehensive management and sharing of business' resources using semantic technologies.

    Beneficiary: Cinnamon Stick

    Funding agreement: UDA- POIG.08.01.00-12-185/10-00

    The implementation is partially funded by the Innovative Economy Operational Programme, Priority Axis 8 – Information Society – increasing innovation in the economy, Activity 8.1 Support for economic activity as regards electronic economy (Program Operacyjny Innowacyjna Gospodarka, Priorytet 8. Społeczeństwo informacyjne zwiększanie innowacyjności gospodarki, Działanie 8.1 Wspieranie działalności gospodarczej w dziedzinie gospodarki elektronicznej).

    European funding - for the development of innovative economy.

  3. The Website may contain figurative marks of Operator's services  as well as trademarks or other marks of other entities. Using the Website does not  confer rights or license of such marks without the prior written consent of the mark's owner.
  4. The Website is protected by international copyright laws. Copying, dissemination, use or publication of any part of this Website is prohibited.

References to other websites

  1. The Website may contain reference links to third-party websites. These links are provided as a convenience for the User only and do not indicate any relationship with a third party. The inclusion of any reference link does not imply a sponsorship of the Website by the third party and does not constitute endorsement, guarantee, warranty or recommendation of the third party. The Operator has no control over the terms and conditions and privacy policies of third parties. The User uses the third party websites at the User's own risk.
  2. The Operator reserves the right to transfer some or all of the rights and obligations under these Terms and Conditions to a third party or to have them performed by a third party subcontractor, to which the User agrees by agreeing to these Terms and Conditions. The User shall not, without a written permission from the Operator, surrender the rights and obligations agreed to hereunder.

General Terms

  1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Poland, without giving effect to conflict of laws. Moreover, the User hereby agrees to submit to the personal jurisdiction and venue of the court having jurisdiction over the Operator's registered office. Any claim with respect to the Website must be filed no later than one (1) year after the occurrence of circumstances giving rise to the claim. Any claims not reported within such period shall be deemed irrevocably waived. If any provision or term of these Terms and Conditions shall become or be declared invalid or unenforceable for any reason whatsoever, the applicable national law shall apply to the matters covered by such term or provision. Such invalidity or unenforceability shall not affect the remainder of these Terms and Conditions, which shall remain in full force and effect.

Creating an Account on the Website

  1. The Operator informs that accessing the Service is possible after creating an Account on the Website, and thus providing the User's personal data to the Website, in the manner described in this section of the Terms and Conditions, as well as fulfilling other conditions pursuant to these Terms and Conditions, including a payment of the Subscripton Fee for the Subscription Package chosen by the User.
  2. The Account is opened by performing a Registration process. The Registration requires the User to provide at the minimum the following data:
    • Individual Account Name,
    • User's email address,
    • Password.
  3. The Operator reserves the right to include other, non-compulsory fields in the registration form.
  4. During the Registration the user receives an activation link sent to the email address provided in the Registration form. Opening the activation link in an Internet browser is necessary to activate the User's Account and obtain access to the Services.
  5. In order to use the Account, the Account Administrator must pay for the chosen Subscription Package or use a Trial Period, if  a Trial Period is offered by the Operator at the time.
  6. To use a Subscription Period, the User must choose a Subscription Package.
  7. Should the User decide to use a Subscription Period, the Operator, at the User's request, shall  provide a VAT invoice to the User within 7 (seven) working days from the date the payment is made and the data is provided. At the User's request, the Operator shall send the VAT invoice to the email address provided during the Registration.
  8. The failure to pay the Subscription Fee may result in the immediate blocking of the User's access to the Account. If the Subscription Fee is paid within 10 (ten) days of blocking the User's access to the Account, the access shall be unblocked. If the Subscription Fee is not paid within 10 (ten) days of  blocking the User's access to the Account, the Account shall be automatically deleted, including deletion of all the data, and the Agreement shall be terminated.
  9. The day of payment is understood as the day the payment is credited to the Operator's bank account. Paying the Subscription Fee on time shall result in commencement of a new Subscription Period.
  10. The Agreement shall be terminated on the last day of the Subscription Period, with the exception provided for in the clause 8 hereinabove.
  11. If the User files the notice of termination of the Agreement before the end of the Subscription Period, the User shall retain access to the Account and the Service of the reminder of the Subscription Period.
  12. The User performing the Registration shall provide accurate, true and up-to-date information which does not mislead or infringe third party rights. The User is responsible for the security and protection of their password. The User is solely responsible for the data provided.
  13. The Operator informs that all the content transmitted and all the Orders placed by third parties identified with the User's Login and Password shall be attributed to the User.
  14. The User gains access to the Account and the Services provided by the Operator via the Website by loging in to the Website, using the correct Login and Password.
  15. The Operator reserves the right to block the User from using the Service during the Trial Period, if:
    • the Operator makes a justified assumption that the User activated a new Account having had a previous Account deleted due to the expiry of the Trial Period,
    • it is demonstrated that the User used the Account and the Services in breach of these Terms and Conditions.
  16. Should the Account Owner delete the Account while having an access to the Website during a Subscription Period, all the information placed on the Website related to the User's Account shall also be deleted. By deleting the Account the User waives the right to use the Services paid for hereby. The fees for the unused part of the Subscription Period are not refundable.

Limitations and downtime

  1. The total size of attached files cannot exceed 5 GB. If the User exceeds this limit, the Operator reserves the right to remove the User's files.
  2. Should the User require a larger disk space on the Website, the user should contact the Operator and agree individual terms of use.
  3. The Operator is entitled to temporary downtime in the operation of the Website and provision of the Services for technical reasons.
  4. The Operator shall make every effort for the downtime to occur at night (CET) and to minimise the length of the time the Website and the Services are not available.
  5. The Operator shall not be held liable by the User for non-performance or unsatisfactory performance of the Services for reasons attributable to third parties, including the operators of the telecommunications networks. The Operator shall not be held liable for non-performance or unsatisfactory performance of the Services caused by force majeure.

Fees

  1. The use of the Website is subject to payment, with the exception of the period of use specified by the Operator as the Trial Period.
  2. Details of the Subscription Fees and the detailed description of the Subscription Packages can be found in the Price List.
  3. The Subscription Fees are payable in advance.
  4. The day of the month, which shall be considered the date of commencement of the Subscription Period, shall be the date when the first payment is credited to the bank account of the Operator.
  5. The Subscription Fees can be paid via a bank transfer or an online payment system.
  6. All changes to the Price List shall be announced on the Website. The changes shall come into force with the commencement of the next Subscription Period following the last Subscription Period paid for by the User current at the time the change to the Price List is introduced.

Personal Data Protection

  1. Upon acceptance of the Terms and Conditions, the User agrees for the Operator to process the User's personal data.
  2. The Administrator processes the personal data itself or by an assigned party or person, in accordance with the law, in particular with the provisions of the Personal Data Protection Act dated 29 August 1997 (consolidated text, Journal of Laws from 2002, No. 101 item 926, with subsequent changes) and the Act of 18 July 2002 on rendering electronic services (Journal of Laws from 2002 No. 144, item 1204, with subsequent changes).
  3. The personal data of the Users may be processed by the Operator in order to allow  for the fulfilment of the duties resulting from this Agreement. The processing of the data may be subcontracted to a third party, to which subcontracting the User agrees, in particular with respect to data provided to and processed in order to carry out the payment process  by PayU SA with the registered office at ul. Grunwaldzka 182, 60-166 Poznań, KRS 0000274399
  4. The Operator shall use all reasonable means to ensure the security of the processed personal data.
  5. The Operator declares that the Users' personal data shall be processed in accordance with the law; shall be collected for the specified, lawful purposes; shall not be further processed for any other purpose; shall be stored in the form making it impossible to identify the persons the data relates to, and for no longer than it is necessary to achieve the purpose of the processing.
  6. The Operator reserves the right to disclose selected information concerning the User to relevant authorities or third parties upon request for such information, based on the appropriate legal basis and in accordance with the applicable law.
  7. The Operator declares that cookies are used in order to collect information related to the provision of the Services. Cookies are files that are saved to the User's computer's disk by the Operator's server, in order for the User to be ''recognised'' on each subsequent connection to the Account. The cookies system does not interfere with the operation of the computer and can be disabled.
  8. Each User has a right to access the User's own personal data, the right to correct it, the right to complete it, and the right to request the Operator ceases to process it and deletes it, by applying to the Operator in writing. In the case of deletion of the User data that the use of the Website and Services is conditional on, the User shall use the access to the Services and such deletion shall be tantamount to the loss of the right to use the Service by the User and to the deletion of the User's Account at the User's request.
  9. Should the User place on the Website any personal data of other persons, including their name and surname, telephone number or email address, the User shall be solely responsible for that placement, provided the applicable law is not breached and the personal rights of the persons are not affected. The User shall be fully responsible for this.
  10. The Operator informs and the User agrees that any notifications from the Operator shall be sent using electronic mail to addresses provided in the Registration form.

Complaints

  1. All complaints should be filed by writing to the  contact@orbizer.com address. The Operator shall consider the complaint within 30 days from the date of its receipt.
  2. The reply shall be sent by the Operator to the email address from which the complaint was sent.