TERMS AND CONDITIONS OF SERVICES

§1.
General provisions

1. This document sets out the terms and conditions for the use of Help Without Borders[Pomoc Bez Granic]. The Website makes it possible to create collections and to financially support the purpose indicated by the Service Provider, i.e. to support statutory activities.

2. The Website owner is the Polish Medical Mission in Kraków, address: Batorego 2/30, 31-135 Kraków,  Tax Identfication Number [NIP] 521 351 21 66,245, KRS: 0000162022        Tel.: +48,575,222,705, e-mail: sekretariat@pmm.org.pl.

3. In order to use the service, you must read these Terms and Conditions. Use of the website constitutes acceptance of the Terms and Conditions.

4. The terms used in the regulations shall mean:

1. Platform - an online platform maintained by the Service Provider in Polish at www.pomocbezgranic.pmm.org.pl/pl_PL/;

2. Service Provider– Polish Medical Mission Association in Kraków, address: Batorego 2/30, 31-135 Kraków,  Tax Identfication Number [NIP] 521 351 21 66,245, KRS: 0000162022           Tel.: +48,575,222,705, e-mail: sekretariat@pmm.org.pl;

3. Website - the website at www.pmm.org.pl and all its subpages and subdomains;

4. User - a natural person (with full legal capacity), legal entity or organisational unit without legal personality that uses the Platform. The user can be either a natural person not running a business or an entrepreneur;

5. User Account - individual account of the User on the Platform, containing individual data of the User and enabling use of the Services provided through the Platform;

6. Master Fund-raising Event - a subpage of the Platform, through which the Service Provider defines the purposes related to its statutory activity and makes it possible to make contributions to the aforementioned purposes;

7. Fund-raising - a subpage of the Platform created by the User, which enables the User to make a donation for a purpose specified in the Main Fund-raising Event chosen by the User;

8. Consumer - according to the Act of 23 April 1964, Civil Code - a User who, as a natural person, makes a legal transaction via the Platform that is not directly related to their business or professional activity. Within the meaning of these Terms and Conditions, the consumer shall also include entrepreneurs running a sole proprietorship, concluding contracts which are not of a professional nature resulting from the subject of their activities;

9. Regulations - this document together with the Privacy Policy, which forms an integral part of the Regulations. All documents are available on the Website.

5. Users may contact the Service Provider by e-mail at the following address: pomocbezgranic@pmm.org.pl

§2.
Services provided through the Platform

1. The Service Provider provides electronic services to Users via the Platform.

2. The Service Provider does not charge for providing the Services to Users.

3. The essence of the Services is to enable access via the internet to the Platform. Through the Platform, the Service Provider provides, inter alia, the following types of Services:

1. registration of a User Account;

2. browsing and searching the Master Fund-raising Events;

3. creation of the Master Fund-raising Events;

4. making transfers via a third party payment operator to the Master Fund-raising Events or Fund-raising Events.

4. The conclusion of the contract for the provision of the Services, with the exception of the Services set out in paragraphs 3 a and c above, shall take place from the time of commencement of use of the Platform. The use of the services referred to in sections 3 a and c above shall commence upon activation of the User Account.

§3.
Registration on the Platform

1. Users register individual accounts on the Platform.

2. Individual accounts enable Users to use all the functionalities of the Platform.

3. Registration on the Platform is done by completing the registration form and confirming the registration or when setting up the first Fund-raising Event.

4. The submission of an application, registration of a User Account and subsequent activities within the Platform may only be carried out for and on behalf of the User by persons authorised to represent the User or who have the appropriate authorisation.

5. It is not permitted to provide false data.

6. It is not permitted to create a User account using the automated system.

7. If there are reasonable doubts as to the authenticity of the data provided by the User, the Service Provider may refrain from creating a User Account or suspend the operation of the User Account until the doubts are clarified.

8. The account contains the data provided by the User during registration and in the subsequent use of the User Account. Should any of these details subsequently change during the use of the Platform, the User must update them immediately using the relevant form available on the Website.

§4.
General rules of using the Platform

1. In order to use the Services available through the Website or via mobile devices, the User must meet the following technical requirements:

1. to have a computer, laptop, mobile phone or other device with internet access;

2. to have a device that receives SMS messages;

3. to use a web browser (latest version);

4. to enable cookies in your browser;

5. to have javascript enabled.

2. All actions taken by Users should be in accordance with applicable law and good practice.

3. Any use of the Platform to the detriment of other Users, the Service Provider or third parties is prohibited.

4. Each User undertakes to:

1. use the Platform's functionalities and resources made available in accordance with the Platform's purpose;

2. comply with the principles of Polish law,

3. respect the rights and personal property of other Users,

4. not to act to the detriment of other Users, Service Provider or third parties.

5. The content uploaded by Users to the Platform is their property and they alone shall be liable for any infringement of third party rights.

6. It is strictly forbidden and constitutes an infringement of the Terms and Conditions to place content on the Platform that violates the law or good morals, and in particular content that is vulgar, pornographic, defamatory, offensive to religious feelings, inciting racial, ethnic or religious hatred, promoting audio and software piracy, disseminating data breach techniques, viruses and any other material similar in content and operation.

7. You agree that content that you have posted on the Platform may be viewed by other Internet users.

8. The account of the User who posts illegal content or content violating personal interests of others may be blocked or removed by the Service Provider.

9. The Service Provider has the right to remove content that violates the law or contains content contrary to the law or morality, posted on the Platform by the User. The Service Provider is also entitled to temporarily or permanently block access to the content in question.

§5.
Rules for Master Fund-raising Events

and the creation of Fund-raising Events

1. The Service Provider is an entity exclusively providing the Users with space on the Internet and tools which will enable the Users to use the Services.

2. The Service Provider is the entity solely entitled to select the purposes of the Master Fund-Raising Events, which are in line with the objectives set out in the Service Provider's statutory activities. The Service Provider is entitled to change the purposes or duration of the Master Fund-Raising Event at any time.

3. In order to successfully create a Fund-Raising Event, the User must have an active User Account and comply with the procedure set out in the Platform.

4. The User is only able to create a Fund-raising Event for the purposes set out in one of the Master Fund-raising Events.

5. The User is not entitled to any kind of remuneration for using the Platform and for creating and promoting Fund-raising Event. All contributions received by the Service Provider through Fund-raising Events and Master Fund-raising Events are accumulated in the Service Provider's bank accounts and are used to fulfil the statutory objectives.

6. By posting content in the description of the Fund-raising Event, each User represents that:

○      He/she has the full right to dispose of the content posted on the Platform, he/she has the author's economic rights to the content, which are not restricted in favour of any third party or he/she has the rights to use the content;

○      The persons captured in the news, photos, whose consent is necessary for their dissemination, have given their consent to the dissemination of their image;

○      The information contained in the posted content is truthful and not intended to mislead anyone.

7. The User undertakes to present relevant documents confirming the legal status referred to in the preceding paragraph within 7 days, whenever requested by the Service Provider.

8. By posting content covered by intellectual property rights on the Platform, the User grants the Service Provider a non-exclusive, free, unlimited in time and space licence to use the content posted by the User, with the right to grant sub-licences to third parties. The license is granted in the following fields of exploitation: recording in any way and on any media, multiplication with the use of any technique, distribution, public screening and reproduction, making available in a chosen place and time. The User authorises the Service Provider to create and distribute derivative works, including, in particular, authorising the Service Provider to translate the posted content and to combine it with other content on the Portal. The licence granted does not deprive the User of any rights to the content. The licence expires when the content is removed from the Platform or when the account is deleted.

9. The user is fully responsible for the content he/she posts and for any possible infringement of third party rights.

10. The Service Provider has the right to remove content that violates the law or contains content contrary to the law or morality, posted on the Platform by the User. The Service Provider is also entitled to temporarily or permanently block access to the content in question.

§6.
Rules on donations

1. Contributions made by Users to the purposes set out in the Master Fund-raising Events constitute targeted donations in support of the Service Provider's statutory activities, which are set out in the purposes of the Master Fund-raising Events.

2. Making donations to support the statutory activities of the Service Provider is possible through a payment operator.

3. The donation can be made by:

○      Electronic bank transfer;

○      Payment card;

4. The payment operator is PayU SA with headquarters in Poznań, (address: ul. Grunwaldzka 182, 60-166 Poznań), identifying itself with the following numbers: NIP 779-23-08-495, REGON 300523444, KRS 0000274399 and PayPal Polska with headquarters in Warszawa, (address: ul. Emilii Plater 53, 00-113 Warszawa). identifying itself with the following numbers: NIP 5252406419, REGON 141108225, KRS 0000289372. Details of online payment processing are set out in the regulations of the Payment Providers available on the website: https://www.payu.pl/pliki-do pobrania and https://www.paypal.com/pl/webapps/mpp/ua/legalhub-full?locale.x=pl_PL.
   
   

§7.
Liability Access and use of the Platform

1. The Service Provider undertakes to take all measures to ensure correct, secure, continuous and error-free access to the Platform.

2. The Service Provider shall not be responsible for:

○      actions undertaken by the Users;

○      failure to comply with specific requirements of the User, other than those arising from the general design of the Platform;

○      the correctness, reliability and accuracy of data obtained when using the Platform and provided by another User;

○      temporary technical errors occurring during the operation of the Platform;

○      defects in the data entered into the Platform by Users.

3. The Service Provider is not responsible for damage caused by third parties who have accessed the Platform using the User's correct data or device in order to gain access.

4. The Service Provider is not responsible for any malfunctions of the system caused by technical problems in the computer equipment and software used by the User, as well as by Internet network failures, force majeure or unauthorised interference of third parties which prevent the User from using the Platform and the Service offered through it.

5. In the event of notification of unauthorised access to the Platform, the Service Provider shall take immediate steps to secure the collected data.

6. The Provider shall carry out regular backups of the data placed on the Platform, in order to minimise the risk of data loss through the actions of unauthorised persons or technical errors in functioning.

7. The Service Provider has the right to make changes to the Service and the Platform in connection with ongoing work on improving and modernising the Platform. In particular, the Service Provider is entitled to change the functionality of the Platform.

8. The above limitations of liability of the Service Provider shall apply to the User who is a Consumer only to the extent permitted by generally applicable law.

§8.
Complaints related to the technical functioning of the Platform

1. Each User shall be entitled to lodge a complaint about any malfunction of the Platform within 14 days of the occurrence of the malfunction. The complaint should be submitted by e-mail sent to: pomocbezgranic@pmm.org.pl. The description of the irregularity should enable the Service Provider to identify the problem and correct it.

2. The Service Provider shall consider the complaint within 14 calendar days from the date of receipt of the complaint.

3. In the event of a serious technical error, the Service Provider reserves the right to restrict access to the Platform.

4. All possible errors in the functioning of the Platform, remarks and information about the functioning of the Platform and the Website, as well as violations of the Terms and Conditions should be reported to the Service Provider by e-mail.

§. 9

Deletion of User accounts and Fund-raising Events

1. The User is entitled to delete their User Account and the Fund-raising Event at any time. To do so, the User should send an appropriate message to pomocbezgranic@pmm.org.pl.

2. The deletion of the Account upon request of the User shall take place within 14 days from the date of submitting the relevant request.

3. If the User's account has been deleted as a result of the Service Provider's decision, the User may not register on the Platform again without the Service Provider's prior consent. Re-registration without consent results in deletion of the Account.

§10.

Changes in the Terms and Conditions

1. The Service Provider reserves the right to amend these Terms and Conditions at any time, in particular due to changes in current legislation or technical and organisational changes in the way the Service is concluded and provided, as well as in the event of a change in the legal organisation of the Service Provider's business.

2. The Service Provider will inform the Users about the changes and their content 14 days prior to their implementation. The information is communicated to the User by e-mail sent to the address provided during registration and by an appropriate note in the Account, available after logging in.

3. If the User does not agree to the change of Terms and Conditions, they should delete their Account by sending a request to pomocbezgranic@pmm.org.pl.

4. If the User does not take any action, upon the expiry of 14 days from the date of delivery of information on amendments to the Terms and Conditions, the amendments shall take effect as if the User had accepted the amendments to the Terms and Conditions in the manner set forth in this paragraph.

§11.
Out-of-court dispute resolution

1. In order to settle a dispute arising in connection with the performance of legal acts on the Platform, the Consumer has the possibility of resorting to the assistance of the following institutions before taking legal action in a court of law:

1. use of the permanent amicable consumer court referred to in the Act of 15 December 2000 on Trade Inspection by submitting an application for settlement of a dispute arising from the sales contract,

2. apply to the Voivodship Inspector of Trade Inspection for mediation proceedings in order to end the dispute amicably,

3. ask for help from the county or municipal consumer ombudsman or a social organisation whose aim is to protect consumer rights.

2. Detailed information about the possibilities of out-of-court dispute resolution for consumers and the availability of the procedures is available in the offices and on the websites of institutions such as the Trade Inspection, district (city) consumer advocates, social organisations dealing with the protection of consumer rights, as well as the Office of Competition and Consumer Protection.

3. A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking to resolve out-of-court a dispute concerning contractual obligations arising from an online sales or service contract.

§12.
Final provisions

1. In matters not regulated by these Terms and Conditions, the provisions of generally applicable Polish law shall apply.

2. All disputes arising from these Terms and Conditions and the contract entered into by the User and the Service Provider shall be governed by the laws of Poland and the courts of Polish jurisdiction. The competent court for any disputes arising between the Service Provider and the User who is not a consumer is the court with jurisdiction over the Service Provider's registered office. The competent court for disputes to which the Consumer is a party shall be the Consumer's place of residence.

3. The Terms and Conditions shall be effective as of 14.03.2022.

(this form should be completed and sent only if you want to withdraw from the agreement)

Addressee: pomocbezgranic@pmm.org.pl

I/We (*)  hereby inform (*) of my/our withdrawal from the contract for the following of services:

Date of the contract:

Name and surname of the Consumer(s)*:

Address of the Consumer(s)*:

Signature of the Consumer(s) * (only for paper form):

Date:

*delete as inappropriate

PRIVACY POLICY

§ 1  General provisions

1. This document sets out the Privacy Policy of the website of the Polish Medical Mission, which in particular includes regulations on the protection of personal data and security of other data entered into the Service by the User..

2. The Privacy Policy is an integral appendix to the Terms and Conditions.

§ 2. Definitions

Terms used in this document shall have the following meanings:

1. Controller – Polish Medical Mission Association in Kraków, address: Batorego 2/30, 31-135 Kraków, tel. +48 575 222 705, adres e-mail: sekretariat@pmm.org.pl;

2. Service - the website at www.pomocbezgranic.pmm.org.pl and all its subpages;

3. Parties - Administrator and the User;

4. User - a natural person who uses the Website and provides his/her personal data within it.

§ 3. PERSONAL DATA PROTECTION

1. The Controller is a Data Controller within the meaning of the Data Protection Regulation of 27 April 2016 (GDPR).

2. The Controller processes data to the extent, time and purposes each time indicated in the content available under the forms used to collect personal data from the User.

3. The personal data will be transferred exclusively to trust subcontractors of the Administrator, i.e. IT service providers,  accounting firms and administration.

§4. User Privileges

1. If the personal data changes, the User should update it by sending an appropriate message to the Controller.

2. The user has the right to request access to the content of their personal data, to rectify it, to delete it and to restrict its processing. In addition, the right to withdraw consent at any time without affecting the lawfulness of the processing, the right to data transfer and the right to object to the processing of personal data.

3. The User has the right to lodge a complaint with the President of the Office for Personal Data Protection.

4. Providing personal data is voluntary, however, lack of consent to process the data makes it impossible to use the Website.

5. The Controller may refuse to delete the User's personal data if the preservation of the personal data is necessary due to an obligation imposed on the Controller by law.

§5. Technical Data Protection

1. The Controller uses all technical and organisational measures to ensure the security of the User's personal data and to protect them against accidental or intentional destruction, accidental loss, modification, unauthorised disclosure or access. The information is stored and processed on high-security servers with appropriate security measures, meeting the requirements of Polish law.

2. The Controller undertakes to keep a security copy containing the User's personal data.

3. Entrusted data is stored on top-of-the-range equipment and servers in properly secured information storage centres, to which only authorised persons have access.

4. The Controller shall carry out the processing of personal data in compliance with all legal and technical requirements imposed on him by data protection legislation.

§6. Cookies policy

1. For the convenience of Users, the Website uses cookies, among other things, in order to adapt the Website to the needs of Users and for statistical purposes. Cookies are small text files sent by a website visited by a user to the user's device.

2. There are two types of cookies used on the Website: session cookies and persistent cookies. Session" cookies are temporary files that are stored on the User's terminal equipment until they log off, leave the website or turn off the software (web browser). " Persistent" cookies are stored in the User's terminal equipment for the time specified in the parameters of the cookies or until they are deleted by the User.

3. We use the following types of Cookies on the Website:

1. " necessary" - enable the use of the services available on the Website, e.g. used in handling user authentication;

2. "securing" - used for security purposes, e.g. used to detect misuse of the Website services;

3. "performance" - they enable the collection of information on how the Website is used;

4. "functional" - enable remembering the User's selected settings and personalising the User's interface, e.g. with regard to the chosen language or region of origin of the User, font size, appearance of the Website, etc;

5. "advertising" - they enable the delivery of advertising content to Users more tailored to their interests;

6. "integration" - are related to the third-party services used on the Website, e.g. Google Analytics, tawk.to.

4. The third-party websites whose material we present may also use cookies to enable you to log in, and to deliver advertising that matches your preferences and behaviour.

5. You can change your cookie settings in your browser. Failure to change these settings means that you accept the cookies used here.

§7. Logs

1. As is common practice with most websites, we store HTTP requests made to our server (server logs). In this connection we keep:

1. IP addresses from which users view the information content of our website;

2. time of arrival of the request,

3. time of sending the reply,

4. the name of the client station - identification carried out by the HTTP protocol,

5. information about errors that occurred during the execution of the HTTP transaction,

6. the URL of a page previously visited by the user (referer link);

7. information about your browser.

2. Data collected in logs, data is used only for the purpose of managing the Website.

3. The collected logs are kept indefinitely as support material for the management of the Website. The information contained therein is not disclosed to anyone other than those authorised to administer the Website. Statistics can be generated from the log files to assist in management. Aggregate summaries in the form of such statistics do not contain any identifying characteristics of visitors to the website.

§8. Contact

1. You may, at any time, contact the Controller to obtain information on whether and how the Controller uses your personal data.

2. The User may also request the Controller to delete his/her personal data in whole or in part.

3. The Controller can be contacted by sending a message to the e-mail address: pomocbezgranic@pmm.org.pl.