TERMS OF ELECTRONIC SERVICE PROVISION FROM WORKPLY.NET

§1 DEFINITIONS

Registration Form - a form filled out by the User, used to set up an Account.
Civil Code - the Act of April 23, 1964 - Civil Code (Journal of Laws of 2017, item 459).
Account - a collection of resources and settings created for the User within the Service.
Unconfirmed Account - a technical account created upon receiving a correctly filled-out Registration Form or Authentication and acceptance of the Terms by the Service Provider maintains the Unconfirmed Account until the confirmation of the Account setup, in any case, no longer than 60 days.
Partner - refers to a company account using the Service's services, having access to the Worker database and the ability to create new Worker profiles and edit those established by the Partner.
Profile - refers to a company account using the Service's services, having access to the Worker database and the ability to create new Worker profiles and edit those established by the Partner.
Regulations - these regulations for providing electronic services from the Workply.net service.
Recruiter - refers to a company account that uses the Service, having access to the database of all Workers.
Service - an online service owned by the Service Provider, within which the Service Provider provides Services. The Service is located at the following address: https://workply.net
Services - all services provided electronically by the Service Provider to Users based on the Regulations.
Service Provider - the entity maintaining and managing the Service. The operator of the Service is Aodin Europe Sp. z o.o., headquartered in Mikołów, address: ul. Żwirki i Wigury 65A/411A, 43-190 Mikołów, entered into the register of entrepreneurs of the National Court Register under the number KRS: 0000988564, for which registration files are kept by the District Court Katowice -East in Katowice, VIII Economic Department of the National Court Register, NIP: 6351862859
Act on Providing Services by Electronic Means - the Act of July 18, 2002, on providing services by electronic means (Journal of Laws of 2017, item 1219).
Settings (Privacy) - Account functionality allowing the User using selected Services to appropriately manage these Services, including independently modifying their scope.
Works - works within the meaning of the Act on Copyright and Related Rights, which will be published by the User within the use of the Service or selected Services.
User - a natural person using the Service, in particular Worker/Recruiter/Partner.
Image - the image, name, and surname of the User within the meaning of Article 23 of the Civil Code.
Worker - refers to an account on the Service of an adult individual interested in obtaining assistance in finding employment, civil law cooperation, or an internship through the Service.

I. GENERAL PROVISIONS

These Regulations define:
1. the rights and obligations of the Service Provider and the User related to the provision of Services,
2. the principles of excluding the Service Provider's liability for providing Services.
The Service Provider makes the Regulations available to the User free of charge in the Service before concluding the service agreement. The User is not bound by the provisions of the Regulations that have not been made available in the manner described above.
The Service Provider provides Services including in the form of:
1. advertising the database of all Workers (including Partner's Workers) facilitating finding work, projects, or internships for Workers,
2. providing the database of all Workers to employers and companies looking for candidates for employment, civil law cooperation, or internship,
3. mediation in contacts between Workers, Partners, and Recruiters.
The Service Provider provides Services in accordance with the Regulations.
The User is obliged to comply with the provisions of the Regulations.

II. CONCLUSION OF THE AGREEMENT

The agreement for the provision of Services is concluded with the User upon the proper completion of the Registration Form and acceptance of the Regulations by clicking the registration button.
Proper completion of the Registration Form consists of providing: (a) a login (email address) and password.
The User, by filling out and sending the Registration Form, declares that:
1. the data provided therein are complete, consistent with the facts, and do not violate any third-party rights,
2. they are of legal age and authorized to enter into a service agreement.
Upon receiving a correctly filled-out Registration Form, the Service Provider creates an Unconfirmed Account with a name corresponding to the email address provided by the User. An activation email is sent to the email address provided by the User to confirm the Account setup. The User has 60 days from the date of receiving the activation link to confirm the Account setup. Confirming the Account setup provides the User with access to the Account and the ability to use the Services that require an Account. If the User does not confirm the Account setup within 60 days from receiving the activation link, they will not have access to it and will not be able to use the Services that require an Account. After this period, the Unconfirmed Account will be deleted.
The User accepts the necessity of having an active, current email address. This address is provided directly in the Registration Form. The User is obliged to monitor the provided email address regularly, and in case of its change, to immediately update this information in their Account.
The email address is associated with the Account, constitutes a necessary form of User identification towards the Service Provider and will be used for all correspondence between the Service Provider and the User related to the provision of Services.
The Service Provider may refuse to create an Account, block or delete an existing Account if its name is already used within the Service or if the Service Provider receives justified information that it is contrary to the law, good manners, violates the personal rights of third parties or the legitimate interests of the Service Provider.
The User gains access to the created Account using their login (email address) and self-established password.
The User is obliged not to disclose the Account access password to any third party and bears sole responsibility for damages caused by such disclosure.
The agreement is concluded for an indefinite period.

III. CONDITIONS FOR PROVIDING SERVICES BY THE SERVICE PROVIDER

The technical requirements necessary to cooperate with the teleinformatics system used by the User and the Service Provider are as follows:
1. an Internet connection,
2. an internet browser capable of displaying HTML documents on a computer screen. The browser should accept cookies.
In the case of Services available via mobile devices, having the appropriate type of mobile device and the correct installation of an internet browser is a condition of their provision.
The Service Provider reserves that the use of Services may involve standard risks associated with the use of the Internet and recommends Users take appropriate steps to minimize them.
The Service Provider undertakes to commence the provision of Services selected by the User immediately after the User confirms the Account setup.

IV. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER AND THE USER

The Service Provider commits to the constant and uninterrupted provision of Services.
The Service Provider reserves the right to:
1. temporarily suspend the provision of Services due to maintenance activities or related to modifications of the Service,
2. send technical, legal, and transactional messages related to the operation of the Services, in the manner indicated in Annex no. 1 to the Terms and Conditions, constituting the List and description of Services,
3. refuse the provision of Services if the User violates the Terms and Conditions,
4. freely modify the provided Services, tools, and the mode of operation of the Service by changing the Terms and Conditions.
The Service Provider reserves the right to discontinue the provision of Services, delete all User data, and undertake any other lawful actions related to the Service, for which the User will not be entitled to any claims against the Service Provider.
The User has the ability to manage the Services through their Account, including Settings (Privacy) and modifying their data, except for the name, surname, and email address, at any time.
In case of failure or other disruptions in the functioning of the Service Provider's systems, preventing the use of specific Services, functionalities, or settings, the Service Provider shall immediately take all measures to repair such failure or disruption.
In the case of the User using Services related to the public sharing of their Image on the Services, under Article 81 of the Copyright and Related Rights Law, the User consents to its free recording, reproduction, and distribution by the Service Provider. The Service Provider declares that the Image will be used for the proper provision of Services, identification of the User, or for promotional, advertising, and marketing purposes of the Service Provider.
The User declares that they hold the copyright property rights to the Works. The User grants the Service Provider a free, non-exclusive, and territorially unlimited license for the duration of the Services, allowing the use of the Works in the following fields of exploitation, including in particular: production, reproduction, public performance and display, introduction to computer memory and network servers, placement on the Internet.
Irrespective of the above Section 6, in the case of recording the Image as part of the Work, it will be reproduced and distributed by the Service Provider in the fields of exploitation defined in Section 7 above.
The User using the Services is obliged to refrain from:
1. providing false or outdated information and personal data,
2. publishing or transmitting offensive content, contrary to law or infringing on legally protected personal rights of third parties,
3. using the Services to publish advertisements of goods and services and all commercial information,
4. undertaking any actions that may hinder or disrupt the functioning of the Service and the use of the Service in a way that is burdensome for the Service Provider or other Users,
5. using the Services in a manner contrary to law, good manners, infringing on the personal rights of third parties, or justified interests of the Service Provider.
The User is obliged to immediately notify the Service Provider of any known cases of violation of the Terms and Conditions and the unlawful nature of data, information, or actions undertaken through the Service. Upon receiving such notification, the Service Provider will undertake legally prescribed actions, including immediately blocking access to specific data, information, or actions.
Regardless of the provisions of Section 10 above, the Service Provider reserves the right to block access to the User's resources containing content contrary to the Terms and Conditions, including erotic, pornographic content, containing illegal software or information on its acquisition, and other content contrary to law, good manners or justified interests of the Service Provider, in case of receiving credible, justified information about it.

V. PAYMENT TERMS

Services are provided by the Service Provider free of charge.
The Service Provider is obliged to obtain the User's explicit consent for any potential payment exceeding the provisions of point V.1 above (i.e., additional payment) at the latest at the moment of the User's expression of intent to be bound by the contract for such a Service.

VI. LIABILITY

The Service Provider and the User are obliged to compensate for the damage incurred by the other party as a result of non-performance or improper performance of their obligations under the Terms and Conditions, unless their non-performance or improper performance was the result of circumstances for which they are not responsible, particularly due to force majeure.
The Service Provider, who received an official notification or credible information about the unlawful nature of the data used by the User within the Service and prevented access to such data or information, is not liable for the resulting damage.
The Service Provider is not liable to the User violating the Terms and Conditions for any damages resulting from the cessation of Services to them, including the deletion of the Account.
Furthermore, the Service Provider is not liable for:
1. any damages caused to third parties, resulting from the User's use of the Services in a manner contrary to the Terms and Conditions or legal provisions,
2. content shared by the User as a result of using the Services, which infringe the law or legally protected personal rights of third parties,
3. information and materials downloaded, placed in the Service, or sent via the Internet by the User,
4. loss of User data caused by external factors (e.g., equipment failure) or other circumstances independent of the Service Provider (actions of third parties), including those caused by the User,
5. damages resulting from the lack of continuity in providing the Services, also as a result of circumstances for which the Service Provider is not responsible (force majeure, actions and omissions of third parties, etc.),
6. provision by the User of false, outdated, or incomplete data or information,
7. any damages resulting from the User's non-compliance with the Terms and Conditions.

VII. PERSONAL DATA PROTECTION

Every User has the right to have their privacy protected by the Service Provider.
The principles for the processing of personal data by the Service Provider are set out in the Privacy Policy.

VIII. PERSONAL DATA PROTECTION

Every User has the right to have their privacy protected by the Service Provider.
The principles for the processing of personal data by the Service Provider are set out in the Privacy Policy.
A properly submitted complaint should contain at least the following information:
1. identification of the User (name, surname, email address),
2. address of the Service to which the complaint relates,
3. subject of the complaint,
4. circumstances justifying the complaint.
Complaints that do not contain the above information will not be considered by the Service Provider.
The complaint (marked 'Complaint') should be submitted:
1. to the address of the Service Provider: Aodin Europe Sp. z o.o. based in Mikołów, address: ul. Żwirki i Wigury 65A/411A, 43-190 Mikołów, or
2. to the email address: biuro@aodin.eu
The Service Provider will consider the complaint within 14 days from the day of its receipt from the User. The Service Provider will inform the User about its decision made as a result of considering the complaint via email, to the address provided in the complaint in accordance with point 3 above.
A complaint considered in accordance with the Terms and Conditions is not subject to further or repeated consideration.

IX. CONTACT WITH THE SERVICE PROVIDER

The User may contact the Service Provider in all matters related to the use of the Service: in writing to the address of the Service Provider: Aodin Europe Sp. z o.o. based in Mikołów, address: ul. Żwirki i Wigury 65A/411A, 43-190 Mikołów, by email: biuro@aodin.eu, or by phone: +48508533504
The charge for the User for connecting to the phone numbers indicated in point 1 above is not higher than the charge for a standard telephone call, according to the tariff package of the service provider used by the User.

X. TERMINATION OR WITHDRAWAL FROM THE CONTRACT

The contract for the provision of Services may be terminated by either party.
At any time, the User has the right to terminate the contract for the provision of Services by independently deleting their Account.
The Service Provider has the right to immediately terminate the contract for the provision of Services, including deleting the User's Account, in the following cases:
1. violation by the User of significant provisions of the Terms and Conditions,
2. reception by the Service Provider of justified, credible information that the name of the Account is untrue, contrary to the law, good manners, infringes on the personal rights of third parties or justified interests of the Service Provider,
3. placement in the Service or in the Account by the User of untrue, non-compliant with applicable legal provisions, infringing legally protected personal rights of third parties or justified interests of the Service Provider,
4. use of the Services by the User contrary to their purpose,
5. deletion by the User of the email address that was used to set up the Account,
6. reception by the Service Provider of repeated messages about the User's email inbox being full, preventing further provision of Services.
The Service Provider will inform the User about the termination of the contract for the provision of Services at the latest within 24 hours from the date of termination.
The Service Provider reserves the right to refuse the provision of Services to the User, including the deletion of the User's Account, if it was set up again after being deleted by the Service Provider due to violation of the Terms and Conditions.

X. FINAL PROVISIONS

The Terms and Conditions are valid indefinitely. The Service Provider may at any time for important reasons, including those indicated in point X Section 4 of the Terms and Conditions, terminate the provision of Services (including Account services) via the Service, by sending information via email.
The Service Provider reserves the right to change the Terms and Conditions for the following important reasons:
1. if the change in the Terms and Conditions is necessary due to a change in generally applicable laws,
2. to fulfill an obligation resulting from a final court judgment or decision of administrative authorities,
3. changes arising from security reasons, including the purpose of preventing the use of the Service in a manner contrary to the law or the Terms and Conditions,
4. introducing significant changes in the operation of the Service and any of the Services, including those related to technological or technological progress, including changes in the Service Provider's systems.
Information about the change in the Terms and Conditions will be communicated via email to the address provided by the User or by providing clear and explicit information on the Service's pages, in both cases, with at least a 7-day notice. Changes come into effect on the date indicated in the information mentioned in this section.
The User, who does not accept the changes in the Terms and Conditions, is entitled to terminate the contract for the provision of electronic services in accordance with point X Section 2 of the Terms and Conditions.
The Terms and Conditions and contracts for the provision of Services are subject to Polish law.
Any disputes related to the provision of Services in accordance with the Terms and Conditions will be settled by a Polish court of general jurisdiction.
Regardless of the provisions of the Terms and Conditions, the User has the possibility to use out-of-court methods of considering complaints and pursuing claims. Appropriate procedures in this respect are available, among others, at the Office of Competition and Consumer Protection and on the website www.uokik.gov.pl.
In matters not regulated in the Terms and Conditions, the provisions of the Act on the provision of electronic services, the Civil Code, and other absolutely binding legal provisions shall apply.