This Terms and Conditions ( called "Terms and Conditions") defines terms of providing services and services Premium (defined below) by company Element Zone LTD, headquarters in United Kingdom under address: 85 Great Portland Street, 1st Floor, London, United Kingdom, W1W 7LT entered to proper registry i.e. Companies House under number 10834668 (called hereinafter " Service Provider") as well as Service providers and Service Users (defined below) rights and responsibilities.
- "Subscription" - means monthly subscription for the use of the subscription plan, pre-paid, which amount was specified separately for each subscription plan in its description included in Payments and Plans tab.
- "Calendar Days" - means consecutive days in the calendar.
- "Contact Data" - means data, using which the User can communicate with the Service Provider from Monday to Friday:
- 85 Great Portland Street, 1st Floor, London, United Kingdom, W1W 7LT
- e-mail address: firstname.lastname@example.org
- "Contact Form"- means interactive electronically supplied service that allows submitting offer inquiries by Service Users about services and services Premium.
- "Registration Form" - means an interactive form that allows concluding an Account agreement through the Service.
- "Consumer" - means the natural person making legal actions with the entrepreneur unbound directly from their business or professional activity.
- "Account" - means service provided electronically by Service Provider for the User within the website enabling use of the services and agreements conclusion and withdrawal, to which User obtains access by using individual login and password.
- "Newsletter" - means free service provided electronically by Service Provider for the User through sending email letters, through which the Service Provider informs User about new events and materials posted on a website.
- "Subscription Period"- means a monthly period beginning in each following month of the agreement from the day when the agreement was concluded, and ending on the day before an appointed date in next calendar month, starting from the day the agreement was concluded.
- "Push Notifications"- means messages push about events and activities for Users, for example about the invitation to the project or removal from the project.
- "Subscription Plan"- means one of the plans available through Service. Services range available within the subscription plan included in details at the description of each subscription plan.
- "Confirmation" - means email message sent by Service Provider on user's email address, confirming Account creation and Account agreement conclusion.
- "Agreement confirmation"- means message email sent by Service Provider on user's email address confirming agreement conclusion.
- "Terms and Conditions" - means this terms and conditions.
- "Registration" - means User will statement submitted through the registration form about agreement conclusion.
- "Service" - means online service under address http://www.evestor.co, uk, us, through which the Service Provider provides services for the Users and mobile application available on Android and iOs platforms
- "Agreement" - means an agreement based on which the Service Provider provides services for the Users available through Accounts within selected subscription plan.
- "Account Agreement"- means contract based on which the Service Provider provides electronically supplied service Account for Users.
- "Newsletter Agreement"- means an agreement based on which the Service Provider provides service Newsletter for Users.
- "Agreement about providing electronically supplied services" - means an agreement about providing electronically supplied services concluded between the User and the Service Provider through the Internet.
- "User" - means the natural person having a full legal capacity, legal person or organizational unit which has no legal personality which separate law granted legal capacity using or intending to use the website and its provided services.
- "Services" - means electronically supplied services provided by Service Provider for Users allowing users to use website functionalities and its provided services.
- "Electronically Supplied Services" - means electronically supplied services provided by Service Provider for Users i.e. Contact From, Orders Form, and other electronically supplied services necessary for proper website functioning with excluding Services.
- "Piece" - means piece in the meaning of art . 1 of the Act about copyright and related rights from 4th February 1994.
- Terms and conditions were drawn in English, accordingly to Polish law.
- Terms together with attached agreement withdrawal template are available for free on subpage under the address https://evestor.co/terms-conditions/ in a way allowing its acquisition, consolidation, and reproduction with the help of information technology system, which the User uses himself and also will be sent to User in pdf format together with agreement withdrawal template attached to Confirmation and Agreement Confirmation.
- Website ensures tools that allow Account agreement and agreement conclusion and services usage.
- The User is obligated to enter real data.
- The Service Provider provides Electronically Supplied Services and Services available within subscription plan "Basic" for users free of charge.Services available within other subscription plans are provided for the remuneration, or by activating discount code.
- Terms Acceptance is voluntary, however in case of absence of Terms Acceptance by User, User is not authorized to use any provided services.
- To use provided services it is necessary for User to possess:
- PC, Mac or like equipped in system OS (e.g. Linux, Mac OS, Windows or similar) class device or other devices allowing getting Internet access and view(cellphone, palmtop, smartphone, tablet, etc.);
- active email address (email);
- access to the Internet.
- Users are forbidden from:
- delivering content prohibited by law,
- actions violating or bypassing the law,
also in contradictions with principles of social coexistence and good morals,
- usage of electronically supplied services in a way hindering its functioning or burdensome for Service Providers and other Service users.
- The Service Provider take immediate actions after receiving notes about violation specified in para. 8 above actions aimed to remove violations. Notifications should be sent on Service Provider's address email indicated in para.2 art. 3c of Terms and conditions.
- The Service Provider ensures the protection of electronic transfer and digital content by applicating appropriate organizational and technical funds, in particular, to prevent access for third party people to data, including by encryption SSL, usage of access passwords and antivirus programs or against unwanted software.
- Simultaneously the Service Provider reports that usage of Internet and services provided electronically can be endangered by getting into ICT system and User devices harmful software or obtaining access to data by third party people. To minimize appointed threats the Service Provider recommends Users to use antivirus or Internet identification protection programs.
- The Service Provider will ensure website functioning in a continuous way, however the Service Provider reports that breaks in access to the website because of its update or mistakes removal are possible. The Service Provider will inform Users about them through the notification on the website.
- Information about subscription plans and services posted on the website are not offered in the meaning of Civil Code, but the only invitation to agreement conclusion.
- About combined remuneration together with taxes due to provision services and other potential costs, like also about main features User is informed on the website and also at the moment of expression by Service Provider will conclude the Agreement for remuneration (selecting subscription plan).
Account Agreement and Agreement Conclusion
- The User can perform the registration and conclude agreements throughout the day, 7 days in a week, throughout all year through the Registration form.
- To conclude the Account Agreement necessary is:
- registration form fulfillment,
- user type which is "Startup", "Investor", or “Investor” selection,
- activation of the "Create an Account" button.
- After clicking the "Create an Account" button User receives on email address entered in registration form Confirmation containing activation link and Terms and conditions in pdf format with agreement withdrawal template.
- Account Agreement is concluded from moment User activates link sent in Confirmation email.
- Account Agreement is concluded for an indefinite period.
- Account Agreement can be withdrawn by User at any given moment with immediate effect without giving reasons through email on the address indicated in contact data or through Account removal. Account agreement withdrawal is equivalent to Agreement withdrawal.
- The Service Provider is authorized to withdraw the Account Agreement concluded with User without giving reasons with 14-day notice period through email on user's address entered in the Registration form, with subject provisions from para.8 below.
- The Service Provider is authorized to withdraw Account agreement with immediate effect in cases provided in Terms and conditions and commonly applicable regulations through email on user's address entered in the Registration form.
- If the User or the Service Provider withdrew the agreement after payment for subscription period, before its expiration the Service Provider will return user part of the payment corresponding to the period from expiry or agreement withdrawal to the end of subscription period, for which the User has made the payment with subject provisions from para. 16.
- In registration form User enters address email and password which will be used for access to Account resources.
- The User is not authorized to share the password with third party people.
- To conclude the Agreement necessary is:
- website Account possession,
- making through Account selection of subscription plan by clicking "I buy and pay" button.
- activation of the button containing the statement "I am buying and paying" under the selected Subscription Plan
- The Agreement is concluded from moment User receives Agreement conclusion confirmation sent on user's email address entered in registration form including Terms and conditions in pdf format with Agreement withdrawal template, invoice or invoice proforma. The User will be also notified about Agreement conclusion through push notification.
- The Agreement is concluded for an indefinite period and can be withdrawn at any given moment through sending proper Service Provider statements on address email entered in contact data or in a way indicated in para.15 below if agreement withdrawal is a result subscription plan change.
- The User is authorized to change the subscription plan at any given moment in Payments and Plans tab.
- From the moment of selection, another subscription plan Agreement is concluded between Service Provider and User about new subscription plan and current Agreement is withdrew.
- The User is obliged to subscription payments for new subscription plan selected within subscription plan change.
- The Service Provider will return subscription paid from the moment of agreement withdrawal to the end of subscription plan period when subscription plan change occurred.
- Depending on the type of the Customer, the Customer Account provides access to the following tabs:
- Payment and plans;
- Payment and plans;
- Payment and plans;
- For the "Investor" type customer:
- For a "Startup" type Customer:
- For a "Freelancer" type customer:
- Within the profile, User has a possibility to determinate the privacy range by selecting suitable options in "privacy settings' available under the icon of toothed wheels. Push notifications can be deleted, however, User cannot limit or lock receiving the push notification. In privacy settings User is authorized to determine what type of cooperation he is interested in.Within the profile,
- User has the possibility to have private correspondence with other website users through chat. Private messages are available under icon of envelopes.
- Through Events tab Service Provider provides for User services allowing creation events, addition other users to events, inviting other users to events. Within Collective tab Service Provider allows User placing on personal or business profile posts which are visible for other users, and provides for User services allowing commenting posts, liking through activation icons, sharing through activation icons and sharing links through activation icons. The User is authorized to disable commenting.
- Within Payments and Plans tab User is authorized to select or change subscription plan.
- Within FAQ tab the Service Provider provides Services allowing access to frequently asked questions and its answers related to website principles.
- Through the Networking tab, the Service Provider provides business consultancy services
- The range of available services within the subscription plan is in detail specified in Payments and Plans tab.
User rights and responsibilities
- The User is obliged to use the website accordingly to Terms and conditions.
- In case of usage by User the website in a contradictory with Terms and conditions way, illegal or violating the rights of third party people, User will cover Service Provider and third party people damages occurred in relation to such use of services by User, and also all costs related to investigation by Service Provider or third party people claim from this title (including judicial, legal help and experts costs). In case of usage by User the website in a contradictory with Terms and conditions way, illegal or violating rights of third party people, Service Provider presents himself before the right court or authority on request of Service Provider or third party person, whose rights were violated.
- In case of violation of Terms and conditions provisions or rights by User, Service Provider is authorized according to his recognition to:
- send warnings on user's email address entered in the registration form
- Agreement and Account Agreement withdrawal with immediate effect and therefore with Account removal.
- If the Service Provider withdrew the Agreement and Account Agreement based upon para.4b above or based on § 4 of the Terms and conditions, User is authorized to reconclude the Agreement only after prior obtaining approval of Service Provider.
- The User grants the Service Provider non-exclusive, timely and territorially unlimited license without rights to sublicense on use of pieces in the range necessary to use services on following fields of operation:
- in terms of fusing and multiplication - pieces fixing and reproduction by digital devices in device memory, which User is using
- in terms of dissemination - pieces public performance, show, display, playback and public sharing in such way that everyone could have access to them in place and time selected by themselves.
Agreement about the provision of Electronically Supplied Services
- The Service Provider provides for the User following free Electronically Supplied Services:
- Registration form
- Contact form
- Electronically Supplied Services indicated in para.1 above are provided 24 hours a day, 7 days a week.
- Contact Form Service depends on sending with the help of form placed on website website's messages to Service Provider. Registration Form Service depends on making with the help of appointed form registration and Account Agreement conclusion.
- The aim of the broadcasting newsletter is transmitting to Users commercial, advertising and marketing information related to economic activity done by Service Provider.
- In order to subscribe for the Newsletter, there is necessary to grand approval on receiving from Service Providers newsletter on user's email address and other proper statements visualized on the website.
- Newsletter Agreement is concluded on an indefinite period from the moment of submitting statements and activation the "Subscribe" button.Newsletter Agreement can be terminated by User at any given moment by using Contact data.
- Agreement about the provision of electronically supplied services (besides Newsletter Service) stays concluded from the moment of starting by User to use electronically supplied services, and its withdrawal occurs from the moment when User stops using such services.
- Subscription for given Subscription Plan is always determined in the description of each subscription plan presented in Payments and Plans tab. Subscription contains all taxes and is given in USD.
- The Service Provider accepts following Subscription payment methods:
- The User is obliged to make a payment of the subscription due for the first month for selected subscription plan immediately after Agreement conclusion, and each next month at the latest on the first day of the next month.Lack of subscription payment in time will result in blockade of usage capabilities of service within selected subscription plan until the payment.
- Sides are authorized to individual arrangements of deadline and payments method.
Method and term of Agreement realization
- The Service Provider starts providing services within selected subscription plan after obtaining positive authorization respectively if the User selected Subscription Plan, within which services are provided for remuneration or immediately after Agreement conclusion if the User selected Subscription Plan, within which services are provided free of charge.
- The Service Provider starts providing services through Account through unlocking user's access to each service accordingly to selected Subscription Plan.
- Services or electronically supplied services, accounts or newsletter complaints can be submitted by the user using Contact data.
- The complaint should contain a concise description of the situations and user's request or suggestion and also his data.
- Requirements mentioned above are only recommendations and supposed to help Service Provider to consider the complaint. Lack of meeting appointed requirements by User has no impact on the term and the way of complaint consideration.
- The complaint will be considered within 30 days counting from the received date. The Service Provider will send the User a response on the complaint on a durable medium (e.g. on paper or in pdf format). In case if the complaint is not accepted User as a part of response will also receive opinion about the unreasonability of the complaint. Lack of Service Provider's response in relation to the User in time referred to in the first sentence is equivalent to acceptance of the complaint.
- The User who concluded an Agreement can within 14 calendar days from the date of its conclusion withdraw it without giving the reason and at no costs except costs due to the Service Provider for providing services till the moment of withdrawal.
- To keep the deadline indicated in para.1 of this section it is sufficient to make a statement about a withdrawal using contact data, however the Service Provider recommends sending appointed statement through email. Recommendation indicated in the first sentence has no impact on the effectiveness of Agreement withdrawal submitted by User in a different way. The Service Provider will confirm through an email received from the User statement about Agreement withdrawal.
- Agreement withdrawal template is an attachment number 1 to Terms and conditions and attachment number 2 to bill about consumer's rights, although it can be submitted in another form.
- The Service Provider is obligated immediately, but no later than in 14 days from the receiving date of Agreement withdrawal, return the User all payments, in accordance with para.1 of this section.
- The Service Provider makes return payment using the same payment method, which User used to pay the remuneration unless the User agreed upon different way of return payment. In each case, the User does not bear costs of return payment.
- Provisions of this section do not apply to Users not being Consumers.
- The Service Provider is responsible in relation to Users not being Consumers for damage resulting from lack of or improper execution of its obligations resulting from Terms and conditions only if the damage is caused by the intentional fault of the Service Provider.
- If Service Provider's actions or lack of such, that causes the damage, will constitute the lack of or improper execution of any Service Provider's obligations resulting from Terms and conditions, User not being Consumer will not be entitled to claim the repair of damages due to an unlawful action.
- Provisions from para.3 above do not apply to personal damage.
- The Service Provider is an administrator of the user's personal data.
- Personal data is processed accordingly to commonly applicable legal standards, in particular accordingly to personal data protection law and law about providing electronically supplied services.
Change of Terms and conditions
- Service Provider may change Terms and conditions for important reasons.
- Users who concluded an Agreement on continuous terms will be notified about changes of Terms and conditions with notification sent on email address 14 calendar days before date from which the changed Terms and conditions will apply.
- User accepts or refuses acceptance of changed Terms and conditions. In case of lack of acceptance of changed Terms and conditions User withdraws from the Agreement on continuous terms with immediate effect.
Consideration of complaints and claims investigation and access rules to these procedures
- If the Service Provider does not accept user's complaint, and User does not agree with the Service Provider's position, User is authorized to submit a dispute to the court or ask the court about mediation or arbitration (ADR).
- Information about access to the procedures indicated in para.1 of this section is indicated on a subpage of Office of competition and consumer protection under address https://uokik.gov.pl/spory_konsumeckie.php and on the websites of district consumer speakers, Provincial Inspectors of the Trade Inspection and social organizations, which subject of activity is consumers rights protection. The User can also use the platform for online dispute resolution (ODR) available under address http://ec.europa.eu/consumers/odr/.
- In case If the out-of-court complaint consideration does not lead to dispute resolution between Service Provider and User, the dispute will be subjected to the decision of the court locally and subjectly appropriate.
- Disputes that occurred in relation with the conclusion or performing of the Agreement, Account Agreement, Newsletter Agreement, Agreement about provision electronically supplied services between Service Provider and User not being Consumer will be considered by court subjectly appropriate in Warsaw on Republic of Poland territory.
- In cases unregulated in Terms and conditions application will have commonly applicable regulations of Polish law, in particular, Civil Code, in particular copyright, related rights, and consumer rights laws.
- If the User violates the provisions of these Regulations, the Service Provider has the right to suspend the activity of the User's Account until the violation of the Regulations by the User. The User is notified via email about the reasons for suspension of the Account and the period for which it was suspended.
- In the event of a repeated breach by the User of the provisions of these Regulations or provisions of generally applicable law, the Service Provider has the right to terminate the Agreement immediately, without the need to set an additional deadline to remove the User's violations.
- One attachment was attached to Terms and conditions and is its integral part.
AGREEMENT WITHDRAWAL TEMPLATE
[location and date]
[User's name, surname, and address]
Element Zone LTD
STATEMENT ABOUT AGREEMENT WITHDRAWAL
I signed below [User's name and surname] inform about my withdrawal from [name of agreement] concluded between me and Service Provider on [date].