Terms of Service for the Online Booking System and Principles of Reviewing Service Providers
Website - a web portal maintained by the Operator, accessible at: www.versum.com, which enables making Bookings and adding Reviews.
Operator - Booksy International Sp. z o.o. [Polish Limited Liability Company] with its registered office at ul. Prosta 67, piętro 28, 00-838 Warszawa, Poland, Tax Identification Number (NIP): PL9512381607, REGON number: 147315920, KRS number: 0000515914.
Service Provider - a natural person conducting business activity, a legal person or an organisational unit which does not constitute a legal entity and which is granted legal capacity by an Act of Law, holding a Service Provider Account, which uses the Website in connection with its business or professional activity, pursuant to a separate agreement concluded with the Operator.
Service Provider Account - a separate part of the Website containing a collection of information concerning the Service Provider, enabling the Service Provider to publish offers and accept Bookings from Users.
User - any natural person over 16 years of age with at least limited legal capacity, a legal person or an organisational unit which does not constitute a legal entity, having a User Account.
User Account - maintained free-of-charge by the Operator for the benefit of the User, an individual account protected with a password and assigned to an email address and/or telephone of the User, forming a part of the Website where the User's data is collected as well as information on the User’s activities as part of the Website, in particular information on Bookings and Reviews.
Booking - booking of Services provided by the Service Provider made by the User through the Website.
Service - an action offered by the Service Provider under the terms and in the manner described in the Website, provided by the Service Provider to the benefit of the User.
User without an Account (hereinafter also referred to as "UA") - any natural person over 16 years of age, with at least limited legal capacity, a legal person or an organisational unit which does not constitute a legal entity, which uses the Website and does not hold a User Account or is not logged into a User Account.
Review - content posted by the User, in which the User assesses the Service provided to the User by the Service Provider.
Virtual Business Card of the Service Provider - a part of the Service Provider Account, accessible through the Website by each entity, without the need to register a User Account, at a unique Internet address defined by the Service Provider.
Access Restriction - blocking the possibility of making Bookings or adding User Reviews.
Assistance - the provision by the Operator of access to the System for the Users and enabling its use within the scope indicated in these Terms of Service.
Registration - a set of actions described in Article 3 sec. 1-2 of these Terms of Service resulting in the setting up of a new User Account.
Logging in - a set of actions described in Article 3 sec. 3 of these Terms of Service, which allow for the access to the User Account to be obtained by means of a form accessible in the Virtual Business Card of the Service Provider or by means of Facebook.
Agreement - a free-of-charge agreement for the provision of services electronically, concluded between the User and the Operator, under the terms and conditions provided for in the Terms of Service.
- The Website can be used free-of-charge by the Users and Users without an Account.
- The User should keep the password to the User Account confidential.
- The User is forbidden to provide false or misleading information.
- The provision by the User of his or her personal data, referred to in section 3, may result in the termination of the Agreement by the Operator with a five-day notice period after issuing a request displayed on the User Account to provide information which is correct and not misleading, with a five-day notice period to fulfil such a request and information that the non-performance of such a request shall result in the termination of the Agreement with the observance of the notice period specified above.
- Every User may only have one User Account.
- A User Account is assigned exclusively to the User. This means that the User is forbidden to dispose of his or her User Account to another entity and to make it available (access data to the User Account) to other entities.
- The User must not input any illegal content on the Website.
- The User and a User without an Account are forbidden to use the Website contrary to the legal regulations in force and the principles of social interaction, in particular, but not exclusively, to use obscenities, incite hatred, racism, xenophobia, conflicts between persons or communities, offend other entities, or present obscene and pornographic content.
- The User (the User and the User without an Account) is forbidden to use the system in order to conduct activities competitive to the Service Provider or Operator, in particular by posting website addresses, advertising content or posting false information in order to discredit business partners or the Services offered by these business partners.
3. Registration and logging into the Website
- The User can register a User Account by performing the following actions:
- accepting the Terms of Service
- completing and approving the registration form on the Virtual Business Card of the Service Provider (also via Facebook)
- clicking the activation link sent to the email address given in the registration form
- In order to register a User Account using Facebook, select the "Sign up with Facebook" button in the registration form available on the Virtual Business Card of the Service Provider and log into Facebook.com, thereby giving your consent to download the data from Facebook.com which is necessary to register a User Account.
- Logging into the Website may be carried out through the login form located on the Website and on the Virtual Business Card of the Service Provider (also by means of the Facebook.com login system). Logging in is carried out by providing an email address and/or telephone number indicated during Registration and the password associated with that email address. The Website’s full functionalities are available only to Users who are logged in.
- After logging in the User can make a Booking.
- One User Account may be used to make Bookings with different Service Providers.
- A Booking confirmation shall be sent to the email address and/or telephone number of the User provided as part of the User Account.
- The User and the Service Provider are entitled to cancel the Booking at any time; however, they are obliged to do so through:
- the User Account if the booking is cancelled by the User,
- the Service Provider Account if the booking is cancelled by the Service Provider.
- The User is obliged to pay for the Service directly to the Service Provider pursuant to the terms and conditions indicated by the Service Provider for a given Service.
5. Principles of adding Reviews
- The Website enables the Users (for the purpose of this Article, the User is understood as both the User and the User without an Account) to add Reviews. A Review may be added once the Terms of Service have been accepted.
- The User may add Reviews only on the Service Provider whose Services the User has used, unless the Service Provider does not agree to the publication of Reviews relating to that Service Provider on the Website, and this fact is shown on the Virtual Business Card of the Service Provider.
- The Operator shall be entitled to remove a User Review made on the Website, as well as to block the possibility of adding it if:
- the Review violates the principles set forth in Article 2 sec. 7-9
- the statement was mistakenly linked to a particular Service Provider or Booking, if the content of the Review clearly indicates an error,
- the content of the Review clearly indicates a mistake in relation to the scoring,
- the content of the Review contains content that is not related to the Service,
- the content of the Review clearly indicates that it does not originate from the User.
- The Service Provider is not entitled to remove or edit Reviews published by Users in the System.
- The Operator reserves the right to make editorial and editing amendments to Reviews, to the extent necessary, if a Review:
- contains characters which render the contents of the Review unintelligible,
- is entirely written in capitals (Caps Lock),
- contains spelling errors,
- contains punctuation errors,
- contains personal data,
- contains syntax errors.
- The adding of a Review by the User is tantamount to:
- granting the Operator a non-exclusive and free-of-charge licence, with the right to sublicense, to use the submitted Review, without time or territorial limitations in the fields of exploitation known at the time of adding the Review, including by means of:
- recording by all known methods on any known medium, including, in particular, by means of analog, digital and optical recording,
- reproduction by all known digital, analog and optical methods,
- publication on large-format media (outdoors and indoors),
- repeated public display,
- display on the Internet, on websites, through the use of satellite or telephone links, either wired or wireless, using digital or analog technology,
- making the Review available to the public in a manner providing everybody with access to it wherever and whenever required,
- its use in marketing activities, including in advertisements of the Operator,
- using the Review to create derivative works and then using the resulting works in the manner indicated in sec. 5 point a (i) to (vii), irrespective of the number of transmissions, issues or copies produced.
- undertaking not to exercise any author's moral rights to the Review in regards to the Operator, in particular by expressing consent to the use of the Review without providing the first name, surname or pseudonym of the author.
- By adding a Review, the User declares that it is free from any third party claims and that the User holds all rights, in particular proprietary copyrights and author's moral rights to the Review.
- The User declares that the publication of a Review shall not infringe on any third party rights.
- The User declares to be the author of the submitted Reviews.
- The User may notify the Operator of any suspected breaches of the provisions of these Terms of Service by clicking the "Submit for moderation” button located next to the published Review.
6. Duration of the Agreement, its termination and restricting access to the Account
- The Agreement with the User is concluded once the Registration process is completed. The Agreement is concluded for an indefinite period.
- The Agreement may be terminated by the User at any time without notice.
- The Agreement may be terminated by the User by:
- selecting and confirming the "Remove account" option in the User Account,
- the contact form found in the User Account,
- by email (by sending a message from the email address specified in the User Account to: email@example.com)
- The agreement with the User may be terminated by the Operator:
- with a one-month notice period (with the termination date due at the end of the month following the month in which the notice of termination is submitted),
- with a five-day notice period in the circumstances referred to in Article 2 points 7-9 or Article 6 point 7 of the Terms of Service.
- The Termination of the Agreement shall result in the deletion of the User Account, with the data contained in the User Account and relating to the User’s Bookings and Reviews concerning a particular Service Provider recorded in the Service Provider Account. Other data shall be deleted.
- In the case of the User without an Account or the User who is not logged in, the performance of the Services (conclusion of the Agreement) shall begin at the time of them entering the Website, and its termination at the time of them leaving the Website.
- The Operator shall be entitled to Restrict the Access to the User Account in a situation where the User violates the provisions of Article 2 sec. 7-9. The Restriction of access to the Account shall take place for a period not longer than 7 days with the relevant information displaying on the User Account providing the reason for the restricted access to the User Account and the unblocking date of the Account. If the access to the User Account is restricted on two occasions, the Operator shall be entitled to terminate the Agreement with a five-day notice period within one month from the date on which the User Account was identified as breached. A similar entitlement shall be granted to the Operator after each subsequent restriction of access to the Account, if the Operator does not exercise the right to terminate the Agreement in accordance with the previous sentence.
7. Liability of the Operator
- As a result of the conclusion of an Agreement, the Operator makes available to the User only a means of allowing the User to make Bookings and add Reviews on Service Providers. The Operator shall not be liable for the content of offers and the manner of providing Services by the Service Providers to the Users.
- The Service Provider provides its Services to the User in its own name and on its own account.
- The Operator shall make every effort to ensure that the Website is available on a continuous basis without any interruptions; however, the Operator shall not be held liable for any interruptions in the functioning of the Website for which it bears no fault and which are beyond the control of the Operator (force majeure).
- The Operator reserves the right to temporarily disable the Website, in whole or in part, in order to improve it or perform maintenance services.
- The Operator shall make backup copies of the data every 24 hours, and shall store them for a period of time not shorter than 7 days from the day on which they were made.
In order to use the Website, a computer or a mobile device (smartphone/tablet) with Internet access and an up-to-date Internet browser are required.
10. Termination of the Agreement
Within 14 days from the date of concluding the Agreement, the User may withdraw from it without giving any justification, by submitting an appropriate statement in writing or via the Operator's website at the following address: https://www.versum.com/contact (to meet the deadline, it is sufficient to send a message before the expiry of the 14-day deadline).
11. Complaint procedure
- The User shall be entitled at any time to submit a complaint regarding the Website or Assistance provided by post to the following address: Booksy International Sp. z o.o., ul. Prosta 67, piętro 28, 00-838 Warszawa, or by sending an email to: firstname.lastname@example.org
- The complaint should include the User's data (first name, surname, correspondence address, email address and telephone number), as well as the circumstances justifying the complaint.
- The Operator shall consider complaints within 14 calendar days. If the data provided in the complaint requires additional information, the Operator shall request the User to provide such information. The reply to a complaint shall be sent by the Operator to the email address indicated in the complaint, and in the case of complaints sent by post, it shall be sent to the sender's address indicated in the complaint.
12. Changes to the Terms of Service
- The Operator may at any time introduce changes to these Terms of Service pursuant to the principles described in this article.
- Any changes of the Terms of Service require in each case the User being notified of the above by displaying appropriate information on the Website, available to the User immediately after logging into the User Account. A change of the Terms of Service becomes effective on the date indicated in the notification about the change, but not earlier than at the time of accepting the change by the User.
- The lack of consent to the change shall be treated as termination of the Agreement by the User without observing the notice period.
13. Final provisions
- The applicable law for the Agreement shall be Polish law.
- All disputes related to the Services provided by the Operator as part of the Website shall be resolved by competent Polish common courts.
- The Users, being consumers, are entitled to use the out-of-court complaint and redress mechanism before the Permanent Consumer Arbitration Court of the Provincial Trade Inspectorate. Information on how to access the above-mentioned dispute resolution procedures can be found at the following address: www.uokik.gov.pl, under the “Consumer dispute resolution” tab.
These Terms of Service shall apply from 25 May 2018.