TERMS AND CONDITIONS
§1. Definitions.
For the purposes of these T&C, the following definitions have been established:
1. T&C – these regulations for the provision of electronic services via the Website.
2. Website – the Service Provider's website operating at www.wemoral.com, including WeMoral software.
3. WeMoral – software operating in the SaaS (Software as a Service) model, based on cloud computing, installed on the Service Provider's servers and managed by it, made available to the Employer and Whistleblowers via a web browser, used for making anonymous Reports by Whistleblowers and their consideration by the Employer.
4. Service Provider – WeMoral sp. z o.o., ul. Grabińska 22F/2, 92-780 Łódź, Poland, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Łódź - Śródmieście in Łódź, XXth Commercial Division of the National Court Register under the number: 0000940937, with the NIP number: 7282858021, with a share capital of PLN 5,000,, with an e-mail address: hello@wemoral.com, and a telephone number: 574 139 632.
5. Employer – an entity commissioning the provision of the Service, to which a dedicated landing page has been made available within WeMoral, enabling the consideration and management of Reports of Whistleblowers.
6. Service– providing the Employer and Whistleblowers with access to WeMoral during the Subscription period, including providing Assistance.
7. Assistance – technical support of the Employer in the use of WeMoral included in the Service.
8. Subscription – the time period of provision of the service of access to paid Materials or the Service by the Service Provider.
9. Whistleblower - an anonymous person making a Report to the Employer via WeMoral.
10. Report - anonymous information on actions or omissions that are illegal or against the Employer's internal policy provided by the Whistleblower via WeMoral.
11. Contact form- an electronic service in the form of an interactive form available on the Website, enabling the Whistleblower to create a Report.
12. Agreement– an agreement between the Service Provider and the Employer or the User, the subject of which is the provision by the Service Provider of the service of access to the Service or Materials payable during the Subscription period in exchange for the payment of the Fee.
13. Registration Form– an electronic service in the form of an interactive form available on the Website enabling the creation of a dedicated Employer landing page in WeMoral.
14. The order form- inan electronic service in the form of an interactive form available on the Website that enables placing an order for paid Materials.
15. Contact form- inelectronic service in the form of an interactive form available on the Website enabling contact with the Service Provider.
16. Materials– paid or free educational materials, including training.
17. Free account – an electronic service consisting in granting access to WeMoral.
18. Newsletter - electronic service provided via e-mail, which enables automatic sending of cyclical educational and marketing content about services, news and promotions on the Website.
19. Fee – remuneration due to the Service Provider in the form of a subscription fee or a one-time fee.
20. User– any person using the Website, including the Employer and the Whistleblower.
21. Consumer - person natural person performing a legal transaction with the entrepreneur not directly related to his business or professional activity and a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for it, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity economic.
§2. General provisions.
1. These T&C constitute the regulations of services provided by the Service Provider electronically, referred to in the Act on the provision of electronic services.
2. The T&C are available free of charge at https://wemoral.com/en/toc
3. The Service Provider declares that:
1) is entitled to provide services, use and dispose of the Website under the conditions specified in the T&C,
2) the use of the Website under the conditions set out in these T&C does not require third party permissions and does not infringe the copyrights of the creators of the Website,
3) The Website is not encumbered with third party rights or claims.
4. Using the Service means accepting the T&C.
5. WeMoral is a computer program within the meaning of the Act of February 4, 1994 on Copyright and Related Rights, and therefore is subject to legal protection provided for in this Act and other legal provisions.
6. It is forbidden to copy, modify or distribute WeMoral in whole or in part, as well as modify or use in a manner other than specified in the T&C.
7. The employer has no right to make WeMoral available to third parties, except for its employees or associates, for the purpose of managing Whistleblower Reports.
§3. Website functionality.
1. The Website offers the following functionalities:
1) submission of Reports by Whistleblowers,
2) granting Users access to free Materials,
3) placing an order for the Service or for access to paid Materials,
4) providing Employers with access to the Service by creating a dedicated Employer's landing page in WeMoral, enabling Whistleblowers to submit Reports, and the Employer to consider and manage them,
5) technical support, i.e. Assistance to the Employer in the use of WeMoral,
6) establishing contact between the User and the Service Provider via the Contact Form,
7) trying out WeMoral with the Free Account service,
8) subscription to the Newsletter.
2. The Service Provider undertakes to care for the validity, security and integrity of the data entered on the Website. Data entered into the Website are secured from the moment they are entered through an encrypted connection between the Service Provider's infrastructure and the User's computer or mobile device.
3. The Service Provider is entitled at any time, without the need to inform and obtain the User's consent, to update, repair and modify the Website, including changes to the functionality, layout and operation of individual elements, in particular if the changes made are intended to improve the quality and security of the Website.
§4. Technical parameters of using the Website.
1. Using the Website is possible using a device with access to the Internet, a web browser and, in most cases, also an active e-mail address.
2. The User bears the fees related to access to the Internet in accordance with the tariffs of his telecommunications operator.
3. The Employer's access to a dedicated landing page will be possible by providing login details: login and password.
4. The Employer is obliged to keep his login and password secret and to protect them against access by third parties.
5. The Service Provider does not guarantee that the Website will function without interruptions, delays or errors, because its use depends on many factors that may cause errors in communication, including, but not limited to: local network and network settings, firewall, Internet service provider, public Internet, power. The Service Provider will make every effort to ensure that the Website works properly continuous, however, it warns that there may be technical breaks in the operation of the Website resulting from the need to carry out maintenance, modernization or service activities, as well as for other reasons beyond the Service Provider's control (e.g. force majeure, acts or omissions of third parties for which the Service Provider is not responsible ), about which it will inform Users, as far as technically possible, in an accessible manner and in advance, if possible.
§5. Types and scope of services provided electronically.
1. On the basis of the T&C, the Service Provider provides electronic services to Users, such as: access to the Website, access to WeMoral, access to Materials, Registration Form, Order Form, Contact Form, Free Account, Newsletter.
2. The service of access to the Website is provided:
a) free of charge and once,
b) the conclusion of the contract takes place at the moment of entering the Website, e.g. by entering the addresswww.wemoral.com in the browser bar, clicking on any link,
c) the agreement is terminated upon termination of using the Website.
3. The WeMoral access service is provided:
a) against payment for a fixed period of time,
b) the conclusion of the Agreement takes place at the moment of completing the Registration Form and clicking the "Order with obligation to pay" button or another button with a similar function and redirecting the User to the payment service provider in order to pay the Fee,
c) after the Service Provider receives confirmation of payment of the Fee, the Employer will receive an e-mail containing further instructions,
d) providing data in the registration process is completely voluntary, but necessary to use a dedicated landing page,
e) The employer is obliged to provide true data in the Registration Form and to update them in the event of a change,
f) access to the account will be possible by providing login details,
g) the login to the account is the e-mail address provided in the Registration Form,
h) creating a new password is only possible using the "I forgot my password" form available in the login panel,
i) termination of the Agreement takes place upon expiry of the Subscription or termination by the Employer, with the termination not resulting in the return of the Fee paid,
j) details regarding the termination are included in §13 sec. 4 of the T&C,
k) Before purchasing the Service, the User is obliged to read the T&C.
4. The service of access to Paid Materials is provided:
a) depending on the type of Material, once or for a fixed period of time,
b) the conclusion of the contract takes place at the moment of completing the Order Form and clicking the "Order with obligation to pay" button or another button with a similar function and redirecting the User to the payment service provider in order to pay the Fee,
c) the service of access to Paid Materials is activated (delivered) immediately after the Service Provider receives confirmation of payment of the Fee,
d) termination of the Agreement takes place upon expiry of the Subscription or termination submitted by the User, and termination does not result in a refund of the Fee paid - details on resignation are included in§13 sec. 4 of the T&C,
It is) before purchasing the service of access to paid Materials, the User is obliged to read the T&C.
5. The service of access to Free Materials is provided:
a) once,
b) the conclusion of the contract takes place at the moment of entering the subpage of the Website enabling access to the Free Materials,
c) the contract is terminated when you stop using this subpage of the Website.
6. The Application Form service is provided:
a) free of charge and once,
b) the conclusion of the contract takes place at the start of entering the required data into the Application Form,
c) the contract is terminated when the Application is considered by the Employer or when the use of the Application Form is terminated (before sending the Application).
7. The Registration Form service is provided:
a) free of charge and once,
b) the conclusion of the contract takes place at the moment of entering the required data into the Registration Form,
c) the contract is terminated upon registration or upon termination of the use of the Registration Form.
8. The Order Form service is provided:
a) free of charge and once,
b) the conclusion of the contract takes place at the moment of entering data into the Order Form,
c) the contract is terminated upon placing the order or upon prior termination of the use of the Order Form.
9. The Contact Form service is provided:
a) free of charge and once,
b) the conclusion of the contract takes place at the moment of entering data into the Contact Form,
c) providing data is completely voluntary, but necessary to make contact via the Contact Form with the Service Provider,
d) in order to contact the User on the matter indicated in the Contact Form, the Service Provider will use the e-mail address or telephone number provided by the User,
It is) the contract is terminated when the message is sent or when the use of the Contact Form is terminated.
10. The Free Account service is provided:
a) free of charge and once,
b) the conclusion of the contract takes place at the moment of completing the form, clicking the "Create a free account" button and clicking the activation link sent to the e-mail address provided in the form,
c) providing data in the form is completely voluntary, but necessary to create a Free account,
d) the contract is terminated when the functionality of the account expires due to the passage of time or termination of the contract by submitting a statement to the e-mail address of the Service Provider indicated in §1 section 4 of the T&C.
11. The Newsletter service is provided:
a) free of charge, for an indefinite period,
b) the conclusion of the contract takes place at the moment of subscribing to the Newsletter and clicking on the activation link sent to the e-mail address provided,
c) the contract is terminated upon unsubscribing from the Newsletter by submitting a statement to the e-mail address of the Service Provider indicated in §1 section 4 of the T&C.
12. The Service Provider may make changes to the Website for important reasons, which include, among others: improving the appearance and functionality of the Website, increasing the security of services provided electronically.
§6. Ordering Services.
1. Employer's use of WeMoral requires registration via the Registration Form.
2. The Registration Form requires the following data:
1) name and surname or company name,
2) address,
3) tax ID,
4) e-mail address and telephone number,
5) passwords.
3. Approval of data in the Registration Form is tantamount to submitting by the Employer a statement about:
1) compliance with the factual and legal status of the data provided in the Registration Form,
2) reading the T&C, Privacy Policy and Cookies Policy, accepting the T&C,
3) giving consent to receive, via e-mail correspondence, to the e-mail address provided by the Employer, information about all changes regarding the rules for the provision of services and updates introduced in WeMoral.
4. The contract is concluded after the following conditions are met:
1) completing and approving the Registration Form,
2) submitting a statement about reading the T&C, Privacy Policy and Cookies Policy and about accepting the T&C,
3) payment of Fees,
4) Activating your WeMoral account.
5. Upon activation, the Employer gains access to WeMoral, of which he will be immediately notified.
6. The contract is not concluded if the Employer is in arrears with payments or provided data inconsistent with the facts during registration.
§7. Whistleblower Reports.
1. The Service Provider on the Website enables the Whistleblower to submit an anonymous Report regarding the Employer via WeMoral.
2. In order to create a Report, the Whistleblower must click the "New Report" button available on the Employer's report page. The Whistleblower has the option of completing the Reporting Form by creating a text message and adding attachments to it. At the time of sending the Application, he receives an individual ID and password to access the Application.
3. After sending the Report, each activity of the Whistleblower related to the Report applies to the individual Report ID.
4. The Whistleblower has the option of checking the current status of the Report, including reading the Employer's response, after providing the individual Report ID and password in a dedicated place on the Employer's report page in WeMoral.
5. The Report is anonymized, which means that all data that can be used to determine the identity or location of the Whistleblower are deleted, and the Employer has access to the anonymized Report, without any personal data of the Whistleblower (unless the Whistleblower himself places such data in the content of the Report).
6. Reports are encrypted.
7. The Whistleblower is not able to receive feedback/notification from the Employer or the Service Provider about the response to his Report, because the Service Provider does not have personal or contact details of the Whistleblower. The Whistleblower must independently check via WeMoral whether the Employer has responded to his Report.
§8. Payments, Subscription.
1. A Fee is payable for the provision of paid services by the Service Provider.
2. Fees are indicated in the price list available on the website www.wemoral.com/pricing. The fees indicated in the price list are gross prices in euros.
3. The fee is collected automatically, in advance, using the Employer's card, the number of which was provided during registration.
4. The Service Provider reserves the right to change the Fees without prior notice. The change does not affect orders previously accepted for execution.
5. VAT invoices are issued automatically for each purchase, regardless of whether the purchase is made by an individual or a company.
6. An application for changing the data on the invoice should be submitted by sending an e-mail to the address hello@wemoral.com with an indication of which data are to be changed.
7. The day of crediting the Service Provider's bank account is considered the day of payment.
8. The Employer and the User agree to the sending of invoices electronically.
9. In each case of informing about the reduction of the Fee, next to the information about the reduction, information about the lowest amount of the Fee, which was in force during the period of 30 days before the introduction of the reduction, will be displayed.
§9. Guaranteed Service Level (SLA).
1. The service provider ensures the availability of WeMoral 24 hours a day, 7 days a week, 95% of the time per month. In the event of interruptions in the provision of the Service during the Subscription, the total duration of which exceeds the maximum allowable time of its unavailability, the Service Provider is obliged to extend the Service Subscription period by 1 day for each commenced 24 hours of the total duration of interruptions, subject to section 2 below.
2. The application specified in par. 1 above the Service availability level is disabled in the case of:
1) failure of the Website or WeMoral as a result of force majeure,
2) interruptions in access to the Website or WeMoral due to planned maintenance works or works aimed at expanding the Website or WeMoral, provided that the Employer is notified at least 3 days in advance of the planned works and the date of their completion.
3. As part of the Service, the Service Provider provides Assistance. Issues with WeMoral should be reported via email: hello@wemoral.com. The response to notifications takes place immediately after receiving the message.
4. The implementation of the Assistance may require the Employer to provide his password and login used to log in to WeMoral. In such a case, the Employer is obliged to provide the above-mentioned data to a designated employee or associate of the Service Provider.
5. In the event of problems in WeMoral, the Service Provider will take the necessary actions to remove:
1) critical problems - preventing the use of WeMoral, within 6 hours of reporting them on a working day or within 6 hours counted from the next working day from the date of notification,
2) serious problems - impeding or reducing the functionality of WeMoral, while maintaining the possibility of using WeMoral - within 72 hours of reporting them on a working day or within 72 hours from the next working day from the date of notification,
3) ordinary problems - having a minor impact on the operation of the system, without significantly limiting the basic functionalities of WeMoral - within 14 days of reporting them on a working day or within 14 days from the next working day from the date of notification.
6. If more than one critical problem is reported on a given day, their implementation should take place according to the priorities agreed between the Service Provider and the Employer.
7. In the case of a notification that turns out to be unjustified, the Service Provider will inform the Employer about it. Further possible work on such a notification may be carried out in the mode of ordering additional work for a separately agreed remuneration.
8. The employer, within 2 working days from the date of receipt of information from the Service Provider about solving the problem, verifies its effectiveness and, depending on his assessment:
1) closes the request confirming the solution to the problem,
2) makes additional inquiries related to the application on the terms set out in the above provisions.
9. In a situation where the Employer, within the period specified in section 8 above, does not confirm the solution to the problem, or raise objections as to the effectiveness of the solution used by the Service Provider, and does not submit additional inquiries, this means that the problem has been duly resolved without any comments or reservations.
10. The Service Provider is entitled to monitor the functioning of WeMoral on an ongoing basis and to make its necessary modifications and improvements. As part of the above-mentioned right, the Service Provider guarantees that the necessary modifications and improvements to WeMoral will be made in such a way as not to interfere with the Employer's data stored in WeMoral, nor lead to their modification or distortion as a result of introducing changes to WeMoral.
§10. User Responsibilities.
1. The User is obliged to use the Website in accordance with the law, the principles of social coexistence and the provisions of the T&C. In particular, it is forbidden for the User to introduce any unlawful content to the Website, in particular content promoting violence, defamatory or violating personal rights or other rights of third parties.
2. The employer is obliged to make timely payments for the use of WeMoral.
3. The Employer has the right to use WeMoral only for his own use, which means under the conditions described in the T&C, including on business and private smartphones, tablets and computers, for purposes related to the Employer's business activity.
4. The Service Provider does not agree to make any changes, additions, adaptations or modifications to WeMoral, further translations, reproductions, decompilation, disassembly or breaking the WeMoral source code, as well as to introduce any external software, including malicious and unlawful content, into WeMoral.
5. Users are obliged to refrain from activities aimed at creating computer programs based on WeMoral with a similar purpose or function to WeMoral.
6. The Employer may not sell, publish, distribute, rent, lease or lend WeMoral or otherwise assign any rights under the Terms and otherwise provide third parties with access to WeMoral.
7. Users are not authorized to remove from WeMoral any markings, notices or descriptions used to determine the origin, identification or ownership of WeMoral.
§11. Rights and obligations of the Service Provider.
1. The Service Provider undertakes to provide services with the utmost care.
2. The Service Provider is entitled to control the compliance of the Employer's use of WeMoral.
3. The Service Provider is entitled to entrust performance of the Agreement to third parties. In that caseThe Service Provider will notify immediatelythe employer the name and address of the contractor.
4. As part of the Service, the Service Provider provides backup of data from WeMoral on a daily basis (backup is performed automatically once a day). The data remains on the Service Provider's server for at least 2 weeks.
5. The Service Provider has the right to suspend the provision of the Service while retaining the data on the server in the event of non-payment by the Employer or other violation of the T&C.
§12. Responsibility.
1. The Service Provider, to the extent permitted by generally applicable law, is not responsible for:
1) disruptions, interruptions or delays caused by a failure,
2) any damage suffered by the User or third parties as a result of using WeMoral, or the inability to use WeMoral on the terms set out in the T&C,
3) damages incurred by the User or third parties in connection with the violation of the Terms and Conditions, in particular as a result of unauthorized or incorrect installation or use of WeMoral,
4) damages resulting from the use, misuse or inability to use WeMoral, damages resulting from the loss or distortion of data, damages resulting from the dissemination of harmful applications using WeMoral or blocking the use of other software,
5) WeMoral is not compatible with third-party plugins,
6) data processed by the User using WeMoral, as well as for the consequences of their processing,
7) claims of third parties arising in connection with the use of WeMoral by the User,
8) damages resulting from damage to the User's equipment or other mobile devices, as well as their data in connection with the use of WeMoral, in particular as a result of computer viruses entering the User's computer system,
9) the consequences of providing the login and password to the dedicated WeMoral landing page by the Employer to third parties,
10) the consequences of using the Website by the User, Whistleblower or Employer in a manner contrary to generally applicable laws, principles of social coexistence or these T&C.
2. The Service Provider is not responsible for incorrect provision of the Service caused by:
1) failure to meet the technical requirements necessary to use WeMoral,
2) actions of third parties,
3) improper use of WeMoral by the Employer,
4) reasons beyond the control of the Service Provider.
3. The employer is solely responsible for maintaining, storing and making available the records. The Service Provider is not responsible for the actions of the Employer and persons acting on its behalf, contrary to the T&C, in particular for the Employer's failure to comply with the obligations imposed by the law.
4. The service provider does not interfere with the content, scope and type of data entered into WeMoral. The Service Provider is not responsible for posting content by the Service Recipient in WeMoral that violates legal or moral standards, depicts or promotes violence, hatred, discrimination (racial, cultural, ethnic, religious or philosophical, gender, etc.), pornography, violating the personal rights of others.
5. The Service Provider will make every effort to ensure that the information contained in the Website is presented correctly, however, the Service Provider is not responsible for errors or any consequences resulting from the use of information contained in the Website. In terms of content that does not come from the Service Provider but from individual Users, these individual Users are responsible for this content.
6. The website contains links to third party websites and is not responsible for the content of these websites. Publishing a link does not mean that the Service Provider recommends the website, products or services.
7. In the event of third party claims against the Service Provider related to the use of WeMoral by the User or initiation of a lawsuit against the Service Provider in this regard, the User will directly join the dispute on the side of the defendant, release the Service Provider from any claims, satisfy all recognized or legally adjudged claims of the plaintiff (in including compensation or redress), will cover all procedural costs or costs of amicable settlement of the case and will cover the costs of legal services related to the dispute incurred and documented by the Service Provider, and will take all possible steps to restore the legal status.
§13. Termination and termination of the Agreement.
1. The Agreement is concluded for the duration of the paid Subscription.
2. The Service Provider is entitled to terminate the Agreement immediately, after a previous ineffective request to cease violations, in the event of:
1) delays in payment of Fees,
2) violation of the provisions of the T&C.
3. The User or the Employer may terminate the Agreement at any time. Then the Agreement is terminated at the end of the period of the purchased Subscription. Neither the User nor the Employer has the right to request a refund of Fees in the event of termination of the Agreement before the end of the Subscription period.
4. A statement of termination of the Agreement should be sent to the Service Provider by e-mail to the following address: hello@wemoral.com or by post to the following address: Wemoral sp. z o.o. st. Grabińska 2F/2, 92-780 Łódź.
5. In the event of termination of the Agreement, the Employer is obliged to stop using WeMoral.
6. The Service Provider provides the Employer with the ability to back up data entered into WeMoral by exporting data in xml, .xls, .pdf formats, as well as downloading and saving image files in commonly used image file formats on external data carriers.
7. After termination of the Agreement, the data entered into WeMoral and collected on the Employer's WeMoral account will be stored for a period of 30 days from the date of termination of the Agreement. After the indicated period, this data will be deleted. The Service Provider is not responsible for the losses incurred by the Employer in connection with the loss of such data.
8. If the Service Provider receives a notification of the unlawful nature of the Employer's activities or data processing from the competent authorities or public institutions, the Service Provider, pursuant to art. 14 of the Act on the provision of electronic services is entitled to block access to this data, as well as block the Employer's access to WeMoral. The employer will be notified of the blockade applied. The Service Provider shall not be liable to the Employer for any damage caused as a result of preventing access to such data or in connection with suspending or limiting the provision of the Service for the reasons specified above.
§14. Personal data protection and confidentiality.
1. The administrator of Users' personal data is the Service Provider. The data is processed in accordance with the principles set out in the Privacy Policy and Cookie Policy.
2. Each of the sides (Disclosure Page) has disclosed or may disclose to the other party (Receiving Party) sureProprietary Information set forth below, and the Receiving Party agrees not to use such Proprietary Information or any portion thereof for any purpose other than the purpose expressly set out in these Terms.
3. All Proprietary Information shall be and shall remain the exclusive property of the Disclosing Party.
4. The parties undertake that:
1) For purposes of the Terms, "Proprietary Information" shall mean information whether or not the Disclosing Party is used by the Disclosing Party in its business and (i) proprietary to, related to, or created by the Disclosing Party; (ii) giving the Disclosing Party a competitive advantage or the possibility of obtaining such an advantage, or the disclosure of which may be detrimental to the interests of the Disclosing Party; (iii) marked as Information Proprietary by the Disclosing Party; or which, due to any material circumstances, should be considered by the Receiving Party as confidential and proprietary to the Disclosing Party; or (iv) not generally known by the personnel of the Non-Disclosing Party.
2) Such Proprietary Information also includes, but is not limited to, the following types of information and other information of a similar nature (whether limited to written form or not and marked as confidential or not):
a) Computer software of any type in any phase of actual or anticipated research and development, including but not limited to programs and program modules, routines and sub-routines, processes, algorithms, design ideas, design specifications (design notes, annotations, documentation, diagrams, code and the like), source codes, object codes and loaders, programming,patchessoftware and system projects;
b) Information relating to the Party's reserved rights disclosing before making them public, including, but not limited to, Fr nature of reserved rights, data production, technical and engineering data and test results, status and details research and development of products and services, and information relating to the acquisition, protection, enforcement and licensing of proprietary rights (including patents, rights copyright and trade secrets);
c) Internal information about the Disclosing Party's personnel and financial information, supplier names and other supplier information (including supplier characteristics, services and contracts) information regarding purchasing and internal costs, internal services, manuals, and the methods and methods of the Disclosing Party's business ;
d) Marketing plans and development plans, pricing and cost data, prices and fees, pricing and accounting policies, valuation procedures, marketing techniques and methods of obtaining orders, forecasts and assumptions and projections, plans for the future and potential strategies of the Disclosing Party that have been discussed or are discussed;
It is) Names of customers and their representatives, contracts, their contents and parties to contracts, customer service, data provided by customers and the type, quantity and specifications of products and services purchased, leased, licensed and received by the Customers of the Disclosing Party.
3) The Receiving Party will use Proprietary Information only for the purpose of performing the Agreement.
6. The Receiving Party agrees not to directly or indirectly disclose, display, deliver, transfer or otherwise make available any Proprietary Information to any person or entity during or after the Receiving Party has access to the Proprietary Information. unless the Receiving Party receives the prior written consent of the Disclosing Party. The Receiving Party agrees not to make copies of the Proprietary Information or any part thereof. Receiving Party agrees not to reconstruct or decompile Proprietary Information at any time or under any circumstances.
7. The Receiving Party will not disclose any Proprietary Information to any third party except Receiving Party's employees or appointed consultants who (a) need to know such information in connection with the performance of the Agreement and (b) are bound by a similar duty of confidentiality by the Receiving Party.
8. If the Receiving Party is required by law to disclose Proprietary Information, the Receiving Party will not do so without first making every effort to inform the Disclosing Party of such legal requirement and giving the Disclosing Party an opportunity to challenge such requirement.
9. The foregoing does not apply to Proprietary Information which the Receiving Party can prove in writing that (a) was in the public domain through no fault of its own; (b) was known to it, without limitation, prior to disclosure by the Disclosing Party, (c) was duly disclosed to it, without limitation, by another person authorized to do so, (d) was obtained independently by the Receiving Party without the use of or reference to Proprietary Information or (e) disclosure is required by applicable law or court order or process, provided that, to the extent permitted and enforceable under the circumstances, the Receiving Party provides the Disclosing Party with (i) advance notice of its intention to disclose and provides it with an opportunity to respond or object or (ii) if prior notice is not permitted or impracticable under the circumstances, give prompt notice of such disclosure.
10. The Receiving Party shall immediately notify the Disclosing Party of any unauthorized disclosure of Proprietary Information.
11. If the Receiving Party elects not to continue its business dealings with the Disclosing Party, or if requested by the Disclosing Party, the Receiving Party shall promptly return the Proprietary Information and any copies or excerpts thereof.
12. The Parties recognize that Proprietary Information is unique and of great value, and that disclosure made contrary to the provisions of these T&C will result in irreparable damage to the Disclosing Party, for which monetary compensation will not be sufficient compensation. Therefore, the parties undertake that in the event of a breach of confidentiality, the Disclosing Party will be entitled to a contractual penalty of PLN 50,000 (in words: fifty thousand zlotys). In the event that the damage to the Disclosing Party exceeds the amount of the stipulated contractual penalty, it may claim compensation under general rules.
13. The obligation of confidentiality remains in force with respect to any Proprietary Information also after the expiry of the Agreement, regardless of the mode, without time limits, including in the event of invalidity of the remaining provisions of these T&C.
14. The Service Provider guarantees that the Employer's data entered into WeMoral are properly protected and secured against access by unauthorized third parties, and all kinds of Proprietary Information, which the Service Provider will acquire in connection with the provision of services, regardless of their type and form, will remain the sole property of the Employer and will not be processed by the Service Provider in any other way than for the purposes of the Agreement. Upon termination of the use of WeMoral by the Employer (after termination of the Agreement), the Service Provider guarantees the immediate deletion of all the Employer's data in WeMoral and will confirm the deletion of this data at the request of the Employer.
§15. Complaints.
1. The service provider is responsible for the compliance of the service with the contract.
2. Complaints regarding the Services, including technical aspects that could not be resolved through the Assistance, should be submitted within 14 days of the occurrence of the cause of the complaint.
3. The complaint should be sent by e-mail to hello@wemoral.com or by post to the address of the Service Provider's registered office.
4. Submitting a complaint should contain information on non-compliance with the contract, in particular indicating the address at which WeMoral is available, the applicant's data, his WeMoral login, the time of the problem and its detailed description.
5. A response to the complaint will be provided as soon as possible. If the application requires in-depth analysis or consultation and verification, the deadline for implementation will be longer, but it will not exceed 14 days from the receipt of the application by the Service Provider.
6. The User will receive information about the consideration of the complaint by e-mail or other communication channel, freely chosen by the User when submitting the complaint.
7. Consumer complaints are considered in accordance with art. 43k and subsequent acts on consumer rights.
8. Any disputes with Consumers regarding the Service and other services provided electronically will be resolved in the first place through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on Out-of-court Resolution of Consumer Disputes. However, if this would not be possible or would be unsatisfactory for either party, disputes will be resolved by a competent common court.
9. The consumer has the right to use out-of-court dispute resolution, in particular by submitting an application for mediation or an application for consideration of the case by an arbitration court after the complaint procedure is completed (the application can be downloaded from the websitehttp://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website:https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php#faq596. The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the end of the complaint procedure is free of charge.
10. In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at:http://ec.europa.eu/consumers/odr/.
§16. Right to withdraw from a distance contract.
1. Subject to section 7 below, the consumer has the right to withdraw from the contract without giving any reason within 14 days from the date of its conclusion.
2. In order to exercise the right of withdrawal, the Consumer must inform the Service Provider of his decision.
3. In order to withdraw from the contract, the Consumer may use the model withdrawal form attached to the T&C.
4. In order to meet the deadline for withdrawal from the contract, it is enough for the Consumer to send the Service Provider to the postal address or e-mail address information regarding withdrawal from the contract before the deadline for withdrawal from the contract.
5. The Service Provider will return to the Consumer all payments received from the Consumer immediately, but not later than 14 days from the date on which the Service Provider was informed about the withdrawal from the contract.
6. The Service Provider will refund the payment using the same payment methods that were used by the Consumer to pay for the order, unless the Consumer agreed to a different solution.
7. The right to withdraw from a distance contract is not entitled to the Consumer, e.g. in relation to contracts:
a) for the provision of services for which the Consumer is obliged to pay the price, if the Service Provider has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Service Provider, he would lose the right to withdraw from the contract, and acknowledged this ;
b) in which the subject of the service is non-prefabricated goods, manufactured according to the consumer's specifications or serving to meet his individual needs;
c) for the delivery of digital content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Service Provider has started the service with the express and prior consent of the Consumer, who was informed before the start of the service that after the Service Provider has fulfilled the service, he will lose the right to withdraw from the contract, and accepted this, and the Service Provider has provided the consumer with confirmation of the above.
§17. Reviews on the Website.
1. The Service Provider does not allow Users to evaluate the Website and WeMoral.
§18. Final Provisions.
1. The Service Provider and the Employer are obliged to inform each other about changes in the delivery address, e-mail address and contact telephone number. In the event of failure to inform the other party of the change referred to in the preceding sentence, deliveries and notifications sent to the unchanged address shall have legal effects.
2. The Employer is not entitled to assign rights and obligations under the Agreement to third parties.
3. These T&C are available on the websitehttps://wemoral.com/pl/toc The Service Provider reserves the right to change the T&C, in particular when it is required by an update or other changes in the provision of the Service or by law.
4. In the event of changes to the T&C, the Employer will be immediately, not later than 14 days before the entry into force, informed about the introduced change by making the updated version of the T&C available on the above-mentioned website. website in a version that allows it to be saved on a disk and at least through one of the following methods of informing about changes:
1) sending information by e-mail to the address provided in the Registration Form,
2) information displayed in WeMoral.
5. If the Employer does not agree to the wording of the T&C, taking into account the changes introduced on the principles set out in paragraph 3 and 4 above, the Employer is entitled to terminate the Agreement effective at the end of the next settlement period. In this case, the Employer is obliged to send the Service Provider a notice of termination of the Agreement via e-mail within 14 days. During the notice period, the current T&C apply.
6. Appendices to the T&C constitute its integral part.
7. The applicable law is only the law in force in the territory of the Republic of Poland.
8. In the event of disputes, the competent court is only the Polish common court competent for the registered office of the Service Provider.
Attachments:
Appendix No. 1 - model withdrawal form.
Appendix to the T&C
TEMPLATE WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
– Recipient: WeMoral sp. z o.o., ul. Grabińska 22F/2, 92-780 Łódź, e-mail address: hello@wemoral.com, and phone number: 574 139 632
– I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following items(*) the contract for the supply of the following items(*) the contract for a specific work involving the performance of the following items(*)/for the provision of the following service( *)_____________________
– Date of conclusion of the contract(*)/receipt(*)__________________
– Name of consumer(s) _________________________________________________________________
– Consumer(s) Address ____________________________________________________________
– Signature of the consumer(s) (only if the form is submitted on paper)
– ________________________
– Data _________________
(*) Delete where not applicable.