TERMS AND CONDITIONS OF THE WEBSITE WEMORAL.COM
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General provisions
- The website operating at the address https://wemoral.com is run by WeMoral sp. z o.o. z siedzibą w Łodzi (92-780) przy ul. Grabińskiej 22F/2, Polska, wpisana do rejestru przedsiębiorców Krajowego Rejestru Sądowego przez Sąd Rejonowy dla Łodzi – Śródmieścia w Łodzi, XX Wydział Gospodarczy KRS pod nr 0000940937, NIP 7282858021 further indicated as Service Provider
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These Terms and Conditions specify:
- terms of use of WeMoral.com
- rules for the provision of electronic services by Service Provider as part of WeMoral.com
- rules for concluding contracts with the Service Provider
- Every user of WeMoral.com shall be required to get acquainted with these Terms and Conditions before commencing the use of WeMoral.com and shall be obliged to comply with the provisions of these Terms and Conditions when using WeMoral.com
- Service Provider provides the Users with these Terms and Conditions free of charge prior to the conclusion of the Contract via WeMoral.com at https://wemoral.com/, in a form that allows it to be downloaded, saved and printed.
- Service Provider provides electronic services in accordance with these Terms and Conditions.
- These Terms and Conditions constitute terms and conditions referred to in Article 8 of the act on rendering electronic services.
- WeMoral.com is an Internet platform providing technological solutions that enable the Whistleblower to report an anonymous Complaint regarding the Employer and enable the Employer to get access to the Complaint and to provide an answer to the Complaint.
- Registration or concluding a Contract with the Service Provider depends on accepting the Terms and Conditions.
- Natural persons may use WeMoral.com on their own if they have attained the age of 13 and have full or at least limited capacity to perform acts in law.
- The content of WeMoral.com does not constitute an offer or an invitation to negotiate within the meaning of civil law.
- Every User shall be obliged to comply with the prohibition on providing illegal content.
- The detailed information on the processing of information about the Users by WeMoral.com as part of WeMoral.com and the use of cookies can be found in the Privacy and Cookies Policy of WeMoral.com, provided at https://wemoral.com/privacy-policy
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Definitions
Whenever the following terms are used in these Terms and Conditions, they should be understood as follows:
Account - the User’s individual access to WeMoral.com, available after Registration and entering the login and the password in the designated place.
Contract - a contract concluded by Service Provider and the User under which Service Provider provides the Services to the User electronically, via WeMoral.com
Complaint -an anonymous information provided via Wemoral.com by the Whistleblower to the Employer regarding illegal activities or omissions concerning the Employer or inconsistent with Employer’s internal policies.
Subscription Fee – the fee for usage of services provided by Service Provider on WeMoral.com in the amount indicated in the pricing page available on WeMoral.com. The Subscription fee may vary for different Service options.
Single fee – the fee for providing an educational material or training marked as “paid”
Terms and Conditions - these Terms and Conditions for the provision of electronic services by WeMoral.com as part of WeMoral.com.
Registration - he activity consisting in creating an account on WeMoral.com.
Whistleblower - a natural person concluding a contract directly related to his/her business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the business classification of the activity conducted, made available under the provisions concerning Central Registration and Information on Business.
WeMoral.com - the website operating at the address https://wemoral.com/.
Service - the electronic service provided on the terms set out in these Terms and Conditions;
Act on rendering electronic services - the act of 18 July 2002 on rendering electronic services (Dz.U. of 2020 item 344 with further amendments).
User - the person using WeMoral.com, including Whistleblower and Employer.
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Technical requirements necessary to use WeMoral.com
- For the proper and full use of WeMoral.com it is required to:
- have a computer or other equipment, together with an installed web browser enabling the display of websites and with the access to the Internet;
- have an e-mail address;
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Types and scope of services provided through WeMoral.com
- Service Provider provides the following Services with the use of WeMoral.com:
- Making available on WeMoral.com, free of charge, the functionality that enables Whistleblowers to submit an anonymous Complaint;
- providing the Users with paid and free of charge educational materials and trainings;
- providing the Employers with paid functionality consisting in creating a dedicated Employer’s landing page in WeMoral.com domain, that enables the Whistleblowers the possibility of submitting the Complaint, and the Employers the possibility to get access to the Complaint, managing the Complaint, including responding to the Complaint to the Whistleblower.
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Conclusion of the contract for the provision of electronic services
- The User shall be obliged to get acquainted with the content of these Terms and Conditions prior to the conclusion of the contract for the provision of Services.
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The contract for the provision of Services shall be concluded through:
- in terms of the free submission of the Complaint - the commencement of using the Service,
- in terms of providing a free of charge access to educational materials and trainings – the commencement of using the Service;
- in terms of providing a paid access to educational materials and trainings – filling in the order form and paying the Single fee and its booking by WeMoral.com;
- in terms of providing a paid access to the Employer’s dedicated landing page in WeMoral.com domain to the Employer, that enables the Whistleblowers submission of anonymous Complaint, and the Employers the possibility to get access to the Complaint, managing the Complaint, including responding to the Complaint to the Whistleblower - paying the Subscription fee and its booking by Service Provider;
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The Contract for the provision of Services shall be concluded:
- for the time of provision of the Service, that is until WeMoral.com is closed in the Internet browser – in terms of the Services which does not require User’s Registration,
- for the time for which the Subscription Fee was paid by the Employer - in terms of the Services requiring the payment of the Subscription Fee,
- for an indefinite period – in the remaining cases.
- Termination or withdrawal from the Contract shall not result in a refund of the Subscription Fee paid.
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The Service for the Employer
- The Employer’s use of the Employer’s dedicated landing page in WeMoral.com domain requires registration.
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Registration of the Account shall be done by filling in the registration form provided on WeMoral.com.
During Registration it is necessary to provide the following data:
- name
- surname
- business name / company name
- company’s address (street, postal code, city, country)
- tax ID
- phone number,
- e-mail address,
- password,
- repeat password,
and to select the checkboxes:
- “I agree to the Terms and Conditions”.
- Registration of the Employer’s account requires the payment of the Subscription Fee. Service Provider can grant free access to Employer’s account as a promotion or as a demo version for a test.
- Providing data in the process of registration is entirely voluntary, however necessary to register.
- The Employer shall be obliged to provide true data in the registration form and to update them in case they change.
- After sending a correctly completed registration form, the Employer shall receive an e-mail containing the further instructions.
- The access to the Account will be possible by entering login details. The login to the Account is the e-mail address provided during Registration.
- Service Provider may block the User's account if there is a reasonable suspicion that it violates the provisions of these Terms and Conditions in any way.
- Creating a new password is only possible with the use of the "I forgot the password" form available in the login panel.
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The Service for the Whistleblower
- As a part of the Service for the Whistleblower, WeMoral.com enables the Whistleblower submitting via WeMoral.com an anonymous Complaint concerning the Employer.
- In order to create the Complaint, the Whistleblower must click a “New Case” button available on the Employer’s landing page. As part of creating the Complaint, the Whistleblower has the option to create a text message and add attachments to it. At the time of sending, the Complaint receives an individual ID number and a password to access the Complaint.
- Each and every activity relating to the Complaint made by the Employer or the Whistleblower after the Complaint was sent, relate to the individual ID of the Complaint.
- The Whistleblower is able to check the current status of the Complaint, including reading an Employer’s response, after he provides an individual ID of the Complaint and the password in a dedicated place at Employer’s landing page in WeMoral.com domain.
- The Complaint is anonymised, which means that all data that may be used to determine the identity or location of the Whistleblower are deleted, and the Employer has access to the anonymised Report, without any personal data of the Whistleblower (unless the Whistleblower himself places such data in the Complaint content).
- Complaints are encrypted.
- The Whistleblower is not able to receive feedback / notification from the Employer or Service Provider about responding to his Complaint, because Wemoral.com does not have any personal or contact details of the Whistleblower. The Whistleblower must independently check on the WeMoral.com website whether a response to his Complaint has been received.
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General terms of use of WeMoral.com
- The Users are obliged to use WeMoral.com in accordance with the provisions of law in force, principles of social coexistence, good practice, the provisions of these Terms and Conditions and generally accepted rules of conduct on the Internet.
- Service Provider shall not be liable for the consequences of using WeMoral.com by the User in a way contrary to the generally applicable provisions of law, principles of social coexistence or these Terms and Conditions.
- Service Provider will make every effort to ensure that WeMoral.com operates in a continuous manner, however, it warns that technical breaks may occur in the operation of WeMoral.com resulting from the need to carry out maintenance, modernization or service activities, as well as for other reasons beyond the control of Service Provider (e.g. force majeure, acts or omission of third parties for whom the WeMoral.com is not responsible), of which he shall inform the Users as far as technically possible in an available manner and in an appropriate advance, if it is possible.
- Service Provider warns that the materials provided on WeMoral.com, that do not come from the Users, are protected by copyrights, and thus are protected by the relevant provisions of law on copyright and related rights. The use of content published on WeMoral.com does not mean that the User acquires any rights to the works or databases made available through WeMoral.com.
- Service Provider is not responsible for the content published on WeMoral.com by the Users who are solely responsible for any violation of copyrights or other rights.
- The User is obliged to keep his login and password secret and to protect them against third party access.
- The resources from WeMoral.com may not be copied to the User's computer or otherwise recorded by the User who does not hold the copyrights to them, without the prior written consent of the Service Provider.
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Trainings, e-learning
- Service Provider can make available paid and free of charge educational materials and trainings.
- Service Provider warns that all the content presented on WeMoral.com is the property of Service Provider or its authors and is protected by copyrights, which means that without obtaining a prior written consent of the authorized persons or entities, the User shall not be entitled to use this content in a way that might infringe any copyrights.
- Any additional non-gratuitous functionalities available to the Users last for the period indicated in the specification of a given functionality, available before its purchase.
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Payment for the services on WeMoral.com
- Any payments arising from these Terms and Conditions shall be made on Service Provider's bank account.
- The Service Provider may provide payments through external electronic payment providers. In this case, payments are made in accordance with the terms and conditions of this provider.
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Liability for the content of WeMoral.com
- Service Provider will make every effort to ensure that the information contained on this website and coming from the WeMoral.com is presented correctly, however, Service Provider shall not be liable for errors or any consequences arising from the use of information contained on this website. In terms of the content which does not come from Service Provider but from individual Users, those individual Users are liable for this content.
- Service Provider shall not be liable to the User or third parties for any damages resulting from the direct or indirect use of information or materials published on WeMoral.com. Service Provider is also not liable for damages resulting from damage to the User's hardware or his other mobile devices, as well as his data in connection with the use of WeMoral.com, in particular as a result of computer viruses entering the computer system of the User.
- Service Provider shall not be responsible for the unavailability of WeMoral.com due to the failure of telecommunications, in particular if it is attributable to the provider of Internet access services, hosting services and for other effects of malfunctioning of the telecommunication lines and damage caused by them, regardless of the reasons, unless caused intentionally by the Service Provider.
- Service Provider shall not be liable for actions and omissions of the Users. Nor shall it be liable for any breach of third-party personal rights or copyrights by the Users or third parties.
- WeMoral.com contains links to third party websites and bears no responsibility for the content of these websites. Publishing a link does not mean that the Service Provider recommends the website, products or services.
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Complaint procedure
- The User shall be entitled to lodge a complaint in matters related to the provision of the Services.
- The complaint may be any reservation or remark regarding the provision of Services.
- The complaints can be submitted by e-mail to the following address: contact (at) wemoral.com
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The complains should include at least:
- name, surname and contact details of the User,
- description of the event being the basis for the complaint,
- the way of notifying the User about the method of handling the complaint.
- Service Provider will consider the complaint within 30 days of the date of submitting the complaint by the User. Service Provider will notify the User about the method of handling the complaint in the way indicated by the User in the complaint.
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Final provisions
- Version of the terms and conditions: Terms and Conditions of 29.12.2021
- Service Provider reserves the right to amend the Terms and Conditions for important reasons. In the event of changes to the Terms and Conditions, the Service Provider will notify the Users.
- The provision of Services under these Terms and Conditions is subject to Polish law, which does not deprive the Consumers of their rights under the mandatory provisions of law of the country of their permanent residence.
- None of the provisions of the Terms and Conditions shall exclude or limit the rights of the Users resulting from the provisions of law in force.