TERMS AND CONDITIONS
§1 Definitions
- Administrator or EventUI – Event UI sp. z o.o. with its registered office in Olsztyn (10-683), at Władysława Trylińskiego 2 Street, KRS 894588, NIP: 7393952409, REGON: 388646069, the owner of the Platform;
- Platform – an internet service providing a system for managing EventUI events available on the Website;
- Website – the eventUI.pl domain, on which the Platform is available;
- Privacy Policy – a document informing about the scope of collecting personal data of Organizers and Participants and the principles of processing this data, available at eventUI.pl;
- Organizer’s Account – an individual electronic account created on the Platform by the Organizer, necessary for using the Platform;
- Event Account – created by the Organizer on the Platform, describing a particular event, used for promoting and informing about the event, collecting information from Participants and communicating with event participants, containing Organizer’s Materials;
- Organizer – a natural person, legal person, or unincorporated organization conducting business activity, who has created an Account and is authorized to use the Platform, organizing events for Participants;
- Participant – a person or entity using the Organizer’s services through the Platform;
- License – a licensing agreement allowing the Organizer to use the Platform;
- Terms and Conditions – these terms and conditions that determine the rules of operation and use of the Platform;
- Device – a device enabling the use of the Platform;
- Tariff – a selected by the Organizer access option to the Platform, specifying available functionalities and financial conditions of using the Platform. The conditions of using the available Tariffs on the Platform are described at eventUI.pl;
- Resources – all data, materials, functionalities, templates, patterns, mechanisms, and other materials provided to the Organizer through the Platform;
- Organizer’s Materials – content placed on the Platform by the Organizer;
- Service Provision Agreement / Agreement – a service provision agreement concluded between the Organizer and the Administrator for access to the Platform.
§2 General provisions
- The Regulations define the terms and conditions for the Organizer to use the electronic services provided by the Administrator through the Platform.
- This document is the regulations referred to in Article 8 (3) of the Act on the provision of electronic services of July 18, 2002.
- The Administrator provides services specified in these Regulations exclusively for the Organizer. The Administrator is not the organizer of events organized through the Platform by the Organizer.
- Contact with the Administrator is made through: tel +48 600 900 888 or email: support@eventUI.pl. Contact between Participants and the Organizer is made in the manner indicated by the Organizer on the Event Account on the Platform.
- Using the Platform is possible after registering and creating an Organizer Account. Creating an Organizer Account is equivalent to confirming that the Organizer has read the content of the Regulations and Privacy Policy and unconditionally and fully accepted the provisions contained in these documents.
§3 Registration and creation of an Account
- Creating and using an Organizer Account is voluntary and free of charge.
- The condition for registration and creation of an Organizer Account is to provide data, including personal data, necessary to carry out the registration of the Organizer.
- The creation of an Organizer Account is done electronically and ends with the activation of the Organizer Account.
- The Organizer is obliged to keep their access data (login and password) to their Organizer Account confidential. The Organizer is fully responsible for the consequences of providing third parties with their access data to the Account and for providing untrue or outdated data.
- An Organizer Account that has been blocked for at least 6 months may be deleted.
§4 Rules for purchasing access to the Platform (choosing a Tariff)
- The purchase of a Tariff is possible through the Administrator’s website: eventUI.pl. A customer wishing to purchase a Tariff may place an order for a Tariff through the aforementioned website. In addition to the standard purchase options for Tariffs available on the website, it is possible to establish individual purchase conditions for a Tariff by the customer interested in purchasing the Tariff with the Administrator by submitting an individual order through the contact form on the aforementioned website or by email, at office@eventUI.pl. The Administrator undertakes to respond to the customer’s offer referred to in the preceding sentence within 3 days. Failure to accept the offer means its rejection by the Administrator.
- Each order for the purchase of a Tariff requires confirmation of its acceptance for execution by the Administrator. In the case of placing an order through the Administrator’s website, it is sufficient to send an email to the Organizer confirming the order.
- The purchase of a Tariff and obtaining access to paid functionalities of the Platform by the Organizer occurs upon payment of the price for the Tariff, upon receipt of confirmation of the purchase of the Tariff from the Administrator and recording the payment via email.
- The prices of Tariffs are net prices expressed in Polish zlotys or euros – depending on the language version of the Administrator’s website. Access to the functionalities of the Platform corresponding to a given Tariff is activated after the payment has been recorded by the Organizer.
- By placing an order, the Organizer agrees to the delivery of digital content before the expiration of the right to withdraw from a distance contract in circumstances that cause the loss of the right to withdraw from the contract.
- After choosing the method of payment for the ordered Tariff, the Organizer may, depending on the chosen payment method, be redirected outside the Platform to make the payment. Payment services are provided by third-party entities on the terms and conditions specified in the regulations for the provision of services by those entities.
§5 Rules of using the Platform
- The organizer undertakes to use the Platform in accordance with the law applicable in the territory of the Republic of Poland and the countries in which the Platform will be used, as well as with these regulations. The organizer undertakes not to undertake any actions to the detriment of the Administrator or other users of the Platform.
- The organizer may use the registered Account only for the Organizer.
- Using the Account of another entity belonging to the Organizer constitutes a violation of the Regulations. The rights and obligations of the Organizer cannot be transferred to a third party.
- In the event of a violation of the Regulations or the provisions of the universally applicable law, the Administrator reserves the right to interfere in the way the Organizer uses the Platform, in particular by blocking the Organizer’s Account or limiting or removing certain unauthorized content. In the event that an Organizer whose Organizer Account has been blocked has purchased a tariff in accordance with §4 above, the amount paid by the Organizer is not refunded, and the Administrator is not liable for the consequences of blocking the Organizer’s Account due to violations of the Regulations or the provisions of universally applicable law.
- The use of the Platform is possible provided that the Device and the teleinformatics system used by the Organizer and Users meet the
following minimum technical and hardware requirements:
- an installed web browser (the latest version of Google Chrome, Mozilla Firefox up to two versions back, Edge up to two versions back, iOS up to two versions back, Android up to two versions back) with JavaScript and cookies enabled,
- access to the Internet with a minimum synchronous bandwidth of 512 kbps.
- Within the scope of its Organizer Account, the Organizer may use all the functionalities available for a given tariff and add Organizer Materials.
- The Administrator provides remote technical assistance consisting of answering questions sent by e-mail or telephone on business days from 9:00 a.m. to 5:00 p.m., by e-mail at support@eventUI.pl, and by telephone at +48 600 900 888.
- The Administrator reserves the right to temporarily suspend access to the Platform for maintenance, development and modernization work.
- Regardless of the legal liability of the Organizer for such actions, the Administrator reserves the right to block the Organizer’s Account if the Organizer violates the provisions of the Regulations or the provisions of universally applicable law.
- Blocking the Organizer’s Account results in the loss of access to all free and paid functionalities of the Platform.
- The Organizer will be notified by email of the blocking of the Organizer’s Account by sending a message to the email address provided by the Organizer when creating the Organizer’s Account. The Organizer has 7 days to lodge a complaint with the Administrator regarding the blocking of the Organizer’s Account. The Administrator will consider the Organizer’s complaint within 7 days, indicating the reasons for accepting or rejecting the complaint.
- Blocking the Organizer’s Account and failure to lodge a complaint by the Organizer within 7 days, as referred to in paragraph 11 above, or rejection of the Organizer’s complaint is equivalent to the termination of the Agreement for the provision of services without notice. The Organizer will be informed about the termination of the Agreement by email sent to the email address provided by the Organizer when creating the Organizer’s Account.
§6 Payments made by Participants
- Payments made by Participants using the Platform can be made in the following forms:
- Traditional bank transfer to the Organizer’s bank account,
- Through a fast payment system to the Administrator’s bank account (in accordance with the regulations of the fast payment system operator),
- Through a fast payment system to the Organizer’s bank account, provided that this form requires prior integration of the Administrator’s system, the Organizer, and the operator of the given fast payment system.
- In the case of payments made to the Administrator’s bank account, the payment is made under the agreement concluded by the Participant with the Organizer, to the Administrator’s account. The Administrator will make the payment to the Organizer after confirming that the registration has been accepted correctly. The Administrator is not a party to, nor is in any way bound by the legal consequences of the legal acts that the Organizer undertakes with the Participant. In case of non-performance or improper performance of the agreement by the Organizer, the Participant lodges a complaint with the Organizer, in accordance with the complaint procedure applicable to the Organizer.
- In the case of payments made in accordance with §6 para. 1.2. of the Regulations, the Administrator charges a service fee of 3% (three percent) of the amount paid by the Participant for transaction processing. The service fee referred to in the preceding sentence is charged to the Organizer and includes fees charged by the fast payment system operator.
- The Administrator has entered into an agreement with a fast payment system operator for processing payments made using the integrated payment system and within the operation of the Platform, enabling the use of the service of providing fast payment tools.
- The Administrator’s payout of funds received from Participants to the Organizer is made at the Organizer’s request no sooner than within 2 business days of receiving the Organizer’s funds due. The Administrator is entitled to issue an invoice for service fees referred to in para. 3 on the day of payment of funds to the Organizer. The Administrator agrees to issue and send electronic invoices to the email address invoice@eventUI.pl in accordance with relevant legal regulations.
- Complaints from Participants regarding payments are considered by the payment service provider.
- Integration of selected payment channels with the Platform will require the provision of appropriate identifiers, configuration parameters, and account access data in the payment platform.
- Before the Organizer starts selling tickets or accepting payments from customers using the selected payment channel, the Organizer is
obliged to:
- fully test the integration of the Platform with the selected payment channel (including authorization and settlement of transactions in a test environment, e.g. using a test account or applying multipliers reducing transaction amounts to minimum values),
- cover all costs resulting from fees and commissions charged by the payment operator with whom they have a cooperation agreement,
- inform Participants of the refund policy for withdrawing from participation in the organized Event and handle any refunds through their own channel,
- correctly configure and test the generation of pro forma invoices and final invoices in terms of the correctness of the data contained in them and other parameters required by law in their appropriate tax jurisdiction.
- The administrator is not responsible for incorrect configuration of payment channels or incorrect integration with payment operator platforms, as well as faulty transaction data, incorrectly issued invoices or incorrect payment reports resulting from errors.
§7 Intellectual Property Rights
- The Platform and Resources are protected by intellectual property rights, particularly copyright as computer software and a collection of other works. The sole owner of all intellectual property rights to the Platform and Resources is the Administrator, subject to the rights of licensors with whom the Administrator has entered into agreements.
- As part of the services provided, the Administrator grants the Organizer the right to use the Platform and Resources for the duration of the Agreement, in accordance with the selected Tariff.
- The Organizer is entitled to charge Participants for services provided to them using the Platform.
- All rights not expressly granted in this paragraph are reserved for the Administrator.
- To avoid any doubt, within the scope of the services provided by the Administrator, the Organizer is not entitled in particular to:
- interfere with the technical security of the Platform,
- grant further authorizations, rent, lease, or distribute the Platform or the right to use the Platform or the Organizer’s Account, regardless of form or scope,
- remove any markings of the Resources, including trademarks and logos,
- remove, hide or modify clauses and legal or informational content of any identification marks or intellectual property information,
- modify the computer program used within the Platform, in particular by decompilation, disassembly or reverse engineering, or use external applications to affect its operation,
- include the Platform or its component parts in any other software, product or work.
- The Organizer acknowledges that multiple entities may use the Platform simultaneously, and services provided in accordance with these Regulations are not exclusive.
- The services provided by the Administrator under these Regulations are not territorially limited.
- The Organizer is entitled to use the Platform and Resources on any Device, subject to the minimum technical requirements specified in §5.5. above.
- The Organizer agrees to use the Platform and Resources in compliance with the law, and in particular in a manner that does not infringe on any rights or interests of third parties.
§8 Organizer’s Materials
- By placing Organizer’s Materials on the Platform, the Organizer declares that:
- they have full personal and proprietary copyright rights entitling them to use and dispose of the Materials in accordance with the Regulations;
- they bear full responsibility for any infringement of these rights and for any damage caused as a result thereof;
- they bear full responsibility for the content, form and incorrect or outdated information contained in the Materials.
§9 Term and Termination of the Agreement
- This Agreement for the provision of services is concluded for an indefinite period. The parties may terminate the Agreement with three months’ notice.
- The Organizer’s notice should be sent to the Administrator by e-mail, to the address: invoice@eventUI.pl.
- The Administrator will charge the Organizer for the use of a particular Tariff by sending invoices to the address indicated in the Organizer’s Account. The Organizer hereby declares that they agree to receive and accept electronic invoices from the Administrator.
- Invoicing will be done in advance for monthly periods, subject to the proviso that this does not apply if the Parties have agreed on a different settlement period for an individually negotiated Tariff.
§10 Administrator’s Liability
- The Administrator, as the owner and administrator of the Platform, will make every effort to ensure that the Platform and all services provided through it operate continuously and without interruption.
- The Administrator is not responsible for blocking messages sent to email addresses provided by the Organizer by mail server administrators or for deleting and blocking emails by software installed on the Organizer’s or Participant’s device.
- The Administrator is not responsible for disruptions in the functioning of the Platform, in particular those caused by force majeure, hardware failure (including servers), or defective software.
- The Administrator is not responsible for defects, malfunctions, and irregularities related to the use of the Platform resulting from the improper functioning of the Internet browser or telecommunications links on the Organizer’s or Participant’s side.
- The Administrator is not responsible for the temporary unavailability of the Platform, in particular resulting from making changes and improvements to the Platform. The Administrator will post a message on the Platform’s main page about technical breaks and their duration.
- The Administrator is not responsible for the content, form, or incorrect or outdated information contained in the Organizer’s Materials.
- The Administrator is not responsible for any actions taken by the Organizer or the damages resulting from them.
- The Administrator is not responsible for the loss of information or data, or for other indirect or direct damages (losses due to lost profits, interruption of business operations, lost business information, or other damages arising from material losses) resulting from the use of the Platform or its uselessness, unless such damages result from the Administrator’s intentional fault.
- Hereby, the Administrator’s liability for damages caused unintentionally to the Organizer due to improper performance of services specified in the Agreement is excluded.
- The Administrator’s liability to the Organizer for non-performance or improper performance of the Agreement or any other damages related to legal and Regulamin-compliant use of the Platform is limited to the actual losses incurred and resulting directly from the Administrator’s action or omission, and the amount equivalent to the fee paid by the Organizer for using the Tariff in the period during which the event giving rise to the claims occurred.ally improper performance of the services specified in the Agreement is hereby excluded.
§11 Personal data of the Organizer
- The Administrator is the administrator of the Organizer’s personal data.
- Providing personal data by the Organizer is voluntary, but necessary for their use.
- Detailed information on the processing of personal data is contained in the Privacy Policy available at eventUI.pl.
§12 Personal data of Participants
- In order to fulfill the obligations arising from Article 28 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter “GDPR”), the Organizer entrusts eventUI to process the personal data of Participants to the extent necessary to perform the contract.
- The Organizer declares that it has collected the personal data of Participants entrusted to eventUI for processing in accordance with applicable laws and regulations and is the Data Controller.
- The Organizer is obliged to inform Participants whose data will be processed by using the Platform of:
- the terms of use of the Platform and its purpose,
- the conditions of registration and participation in the organized event,
- the purposes of processing the personal data of Participants,
- the legal basis for processing personal data in the system,
- the duration of processing,
- the potential subcontracting of personal data for processing,
- the transfer of personal data to other entities and third countries.
- The use of the Platform does not require the collection, storage, and processing of special categories of personal data.
- eventUI declares that it undertakes to use the entrusted personal data only to the extent necessary to perform the obligations arising from the Agreement, the Regulations, and within the scope included in the Privacy Policy, i.e. to perform the following processing activities: recording, organizing, arranging, storing, retrieving, reviewing, using, and deleting the entrusted data.
- eventUI declares that it processes the entrusted personal data in accordance with Article 28 (3) of the GDPR, taking into account the nature of the processing and the information available to it, and takes all measures required under Article 32 of the GDPR.
- eventUI reserves the right to disclose selected information about the Organizer or Participants whose data was entered into the Organizer’s Platform to competent authorities or third parties who request such information based on the appropriate legal basis.
- After the provision of services related to the processing, eventUI immediately deletes or returns to the Organizer all personal data and deletes all existing copies of them, unless Union law or the law of a Member State requires the storage of personal data.
- eventUI may entrust personal data covered by this Agreement to subcontractors for further processing – only for the direct execution of the Agreement (e.g. payment handling).
§13 Final provisions
- The Administrator reserves the right to change the provisions of the Regulations at any time. Any changes to the Regulations shall come into force upon their publication on the Website and upon sending an e-mail message to the Organizer informing them of the changes.
- The Regulations and the Agreement concluded on its basis shall be governed by Polish law.
- In matters not regulated in the Regulations, the provisions of the Agreement individually negotiated by the Parties and the provisions of Polish law, in particular the Act on the provision of electronic services, the Personal Data Protection Act, the Civil Code, the Copyright and Related Rights Act, and other relevant legal regulations shall apply.
- Any disputes arising in connection with the operation of the Platform shall be resolved by a court of general jurisdiction competent for the seat of the Administrator, provided that the Parties shall make every effort to settle the disputes amicably in the first place.
§14 Complaints
- EventUI, as a seller, is liable to the Customer who is a consumer within the meaning of Art. 221 of the Civil Code, for non-compliance with the Sales Agreement for the Goods purchased by this consumer, to the extent specified in the Act on specific conditions of consumer sales.
- Complaints resulting from the violation of the Customer’s rights guaranteed by law or under these Regulations should be sent to office@eventui.pl. EventUI sp. z o. o. undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.