Terms and Conditions of the Mindgram Platform

(“Terms and Conditions”)

 

These Terms and Conditions define the type, scope and technical conditions for the provision of electronic services by Mindgram, issued on the basis of art. 8 section 1 point 1 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2017 item 1219, as amended).

 

By using this Service the User confirms to have read the Terms and Conditions, understands and accepts their content, and agrees to comply with them.

 

  1. DEFINITIONS
    1. All definitions and phrases used below shall apply to these Terms and Conditions as well as to other actions connected with the performance of the Agreement:
      1. Personal data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
      2. Business days – the days of the week from Monday to Friday (excluding public holidays in accordance with the law of the Republic of Poland);
      3. Written form – also includes electronic messages clearly identifying the names and last names of the sender and the recipient, unless the Terms and Conditions state otherwise;
      4. Account – a personalized User’s panel available after successful registration, and upon logging into the Platform – after providing previously set login and password, where the User’s data is saved; 
      5. Materials – all content made available to the User through the Platform;
      6. Partner – an entity being an employer or associate of the User, with whom Mindgram has concluded a separate service agreement, through which Mindgram enables the User to access the Application on the basis of these Terms and Conditions;
      7. Platform or Mindgram Platform – a platform provided by Mindgram that offers the possibility to use developmental tools and psychological support, in particular psychological advice, coaching programmes, group workshops, webinars, and chats, available at www.mindgram.com
      8. Privacy Policy – a document regulating the security of privacy protection, and the processing of the User’s personal data, available at https://mindgram.com/en/privacy-policy/
      9. Service interruption – an interruption in access to the Platform, caused by maintenance or modernization works, that prevents or hinders the use of the Services;
      10. Terms and Conditions – these Terms and Conditions and the Privacy Policy;
      11. GDPR – 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) (OJ UE, L119, p.1);
      12. Force majeure – an event that could not have been predicted while exercising diligence required in professional relations, which is external to the User and Mindgram and which they could not have prevented despite exercising due diligence;
      13. Parties – both User and Mindgram; 
      14. Agreement – an agreement entered into by and between Mindgram and the User, regarding the use of the Service by the User concluded by acceptance of the Terms and Conditions and the Privacy Policy;
      15. Service – a service provided by Mindgram that enables the User to access the Platform;
      16. Service Provider or Mindgram – Mindgram Sp. z o.o. with its registered office at ul. Mazowiecka 9, 0-052 Warszawa, entered in the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000881002;
      17. Defect – a technical error of the Platform that prevents its users from properly using the Platform;
      18. User – a natural person who is an employee or associate of a  Partner, who concludes a contract with Mindgram with reference to which Mindgram provides the Service via the User’s Account.
      19. Consumer – an Application User being a consumer within the meaning of Article 221 of the Civil Code i.e. a natural person who purchases a product for non-professional and non-commercial purposes;
      20. Website – the website through which Mindgram enables users to access the Platform, i.e. www.mindgram.com;
      21. Report – a report delivered by the User via email sent to: [email protected] indicating a Defect of the Platform.
    2. MINDGRAM PLATFORM GENERAL CONDITIONS OF USE
      1. These Terms and Conditions set forth the terms and conditions of use of the Platform provided by Mindgram via the Website.
      2. Mindgram makes these Terms and Conditions available to the User free of charge before the conclusion of the Agreement and, upon request, in a way that allows access, multiplication and storage of the Terms and Conditions content through the User’s ICT system.
      3. Any deviations from these Terms and Conditions shall bind the User and Mindgram only if authorized Mindgram’s representatives and the User agrees to them in writing.
      4. The Mindgram Platform is intended exclusively for individuals 18 years of age or over. By using the Platform, you confirm that you are of such age.
      5. Using the Platform means that the User has read the Terms and Conditions and accepts their content.
      6. Mindgram decides about the functionality of the Platform and the scope of the Service at its discretion, taking into account the development of the Platform, and the adjustment of the Platform and the Service to market requirements. Mindgram also reserves the right to transfer any and all rights connected with the Platform to a third party without prejudice to Users’ rights.
      7. Mindgram provides services to Users, including responding to Users’ requests and inquiries on Business Days from 8:00 to 17.00.
      8. It shall be forbidden to use the Website and the Platform in a manner which is contrary to the provisions of these Terms and Conditions, applicable law, decency or principles of social coexistence. Provision of illegal content by the User shall be forbidden. In particular, it shall be forbidden to place on the Platform material that may infringe the rights or third party personal rights, or material that may be used for illegal purposes. It shall also be forbidden to interfere with the integrity of the content and form of the Platform and, in addition: to access the Platform to store or transmit malicious code, send spam, interfere with the integrity or operation of the Service or third parties and other users; to attempt to gain unauthorized access to the Service or its systems or networks; to copy the Service or its part; to access the Service with the intent to create competitive products or services.
      9. Access to the Platform is free of charge.
    3. TECHNICAL REQUIREMENTS FOR USING THE PLATFORM
      1. In order to use the Platform, the User must meet the following technical requirements:
        1. have a computer or another electronic device with Internet access and the ability to display the Website and Platform interface,
        2. have the latest version of a browser provided by one of the following manufacturers: Microsoft Edge, Google Chrome, Mozilla Firefox, Apple Safari,
        3. have enabled cookies and appropriate browser plug-ins that enable use of Java, JavaScript,
        4. turn off software that blocks the operation of the above programs,
        5. have an active email address.
      2. Failure to meet the technical requirements mentioned in section 3.1.1.-3.1.4. above does not have to preclude the use of the Platform, with the provison that, as a User, you shall bear the risk of malfunction of the Platform’s individual functionalities, and the inability to use some of its functionalities.
    4. ACCESS TO THE PLATFORM
      1. To create an Account and obtain the status of a registered User, the registration process must be completed.
      2. The User shall have the right to complete the registration process upon receiving an invitation from the Partner who is the employer or associate of the User, with the information about access to Mindgram’s Services, indicating the Website through which the use of those Services is possible. A person interested in registration shall be required to complete the registration form on the Website with accurate data, including company email address, and activate the Account using the activation link sent to the company email address. In order to receive the activation link, it is necessary to verify the correct company email address by the person concerned. In order to verify the email address and to authorize setup of the User’s Account, Mindgram analyses whether the email address indicated by the person concerned matches the domain indicated by the Partner. The activation link sent to the User’s email address remains active for 24 hours. When the indicated period has passed, the User interested in accessing the Platform shall be obliged to re-register in accordance with the provisions of this section 4.
      3. By registering an Account, you confirm that you are a natural person at least 18 years of age who may enter into legally binding contracts in accordance with applicable law. Furthermore, the User warrants that the information provided for the purposes of the Account is accurate. Providing false contact information upon registration, or omitting contact information such as name, last name, address and / or telephone number shall be prohibited. When using the Website and the Platform, Users shall in their entirety comply with all applicable international, federal, state, and local laws and regulations. By registering, you accept the Terms and Conditions.
      4. During the registration process, the User provides a password subsequently used to gain access to the Account. The password should have at least 8 characters and contain: one uppercase letter, one lowercase letter, one number, and one special character. For security reasons, Mindgram discourages passwords containing commonly used words, including first names, last names, initials, date of birth, phone numbers, and keyboard-readable character sequences. The User shall be obliged to protect the password, and shall not be allowed to disclose it to third parties. The Account is non-transferable. The User shall be obliged to provide the latest personal data on the Account, which are necessary for the performance of the Agreement and, in addition, for cooperation with other Users. If Users provide false or outdated data, Mindgram shall not be liable in any way both towards other Platform Users nor third parties.
      5. Mindgram warrants to the User uninterrupted and safe access to the Platform, subject to the provisions of these Terms and Conditions. 
      6. The User shall not be allowed to disclose access data to the Account to third parties, and in case of such disclosure, he or she shall solely be responsible for its consequences. The User shall be solely and entirely responsible for unauthorized access to the Platform as well as for the confidentiality of logins and passwords («Identifiers»), and for any and all fees, damages, liabilities or losses incurred as a result of non-compliance with the Terms and Conditions. Mindgram shall not be liable for any harm caused by theft of Identifiers, disclosure of Identifiers, or authorization for another person to access and use the Service using Identifiers. The User shall make a reasonable effort to prevent unauthorized access or use of the Service. Furthermore, the User shall be solely and entirely responsible for all activities on the User’s Account. The User shall immediately notify Mindgram of any unauthorized access to the Account or any other known breach of its security. The User shall be held liable for losses incurred by Mindgram or by any other Platform user caused by unauthorized use of the Identifiers as a result of the User’s failure to maintain security or confidentiality of such Identifiers.
    5. FUNCTIONALITIES OF THE PLATFORM
      1. The User may use developmental tools and psychological support via the Platform through the following means:
        1. participating in group workshops available via the Platform, access to which is possible for the first 300 registered users,
        2. using the educational Materials available on the Platform: videos, audio recordings, graphics, texts,
        3. using the support of a development and therapy coordinator via a chat available on the Platform,
        4. using the psychological support via a chat available on the Platform.
      2. Mindgram may record, share and archive workshops mentioned in section 5.1.1. of the Terms and Conditions.
      3. For valid reasons, Mindgram reserves the right to make changes to the workshop programme mentioned in section 5.1.1. of the Terms and Conditions, including the speaker or technical conditions of its organization without violating the Terms and Conditions.
      4. Mindgram reserves the right to change at any time the dates and programme of the workshops mentioned in section 5.1.1. of the Terms and Conditions without violating these Terms and Conditions.
      5. Mindgram stipulates that the support of a development and therapy coordinator mentioned in section 5.1.3. of the Terms and Conditions, and the support of a psychologist mentioned in section 5.1.4. of the Terms and Conditions is based solely on the information provided voluntarily by the User, and the information on how the Platform is used by the User. The User autonomously decides about the scope of information provided to Mindgram in order to use the above-mentioned Service. In particular, revealing to Mindgram health data, racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic or biometric data, data concerning sexuality, including sexual orientation, or crime data, shall be construed as consenting to the processing of such data by Mindgram for the purposes of Service provision.
      6. Mindgram stipulates that the services indicated in section 5.1.3. and 5.1.4. of the Terms and Conditions are performed via a chat available on the Platform. Development and therapy coordinators, and psychologists are required to respond to the User’s messages no later than 24 hours from the time of sending a message.
      7. To ensure security and confidentiality of the User’s data, Mindgram deletes all data collected via chat available on the Platform after 28 days from the date of the User’s last activity in a given chat box, which means a complete loss of access to the stored data. The remaining User’s data stored on the Platform are anonymiSed or deleted after 6 months from the date of deactivation of the User’s Account.
      8. For the avoidance of doubt, Mindgram declares that any Services provided to the User through the Platform shall not be considered a health service according to Article 2 section 1 clause 10 of the Act of 15 April, 2021 on Medical Activities, in particular the provision of Services by Mindgram shall not be considered as diagnostic or therapeutic activity, and shall not replace such activities.
    6. UPDATES, SUPPORT AND COMPLAINTS
      1. Mindgram shall make every effort to ensure that the Platform operates 24 hours a day / 7 days a week, except for: (i) planned Service interruptions (we will make every effort to notify about it in advance); or (ii) unavailability due to circumstances beyond Mindgram’s control, including, but not limited to: force majeure, fire, earthquake, flood, water, elements, labour disputes or shortages, media restrictions, power outages, explosions, social unrest, government activities, epidemics, shortages of equipment or supplies, unavailability of transportation, omissions by third parties or other activities, or any other valid reasons beyond Mindgram’s control.
      2. If, during the term of the Agreement, Mindgram improves or updates the Platform, the new version of the Platform shall be immediately implemented and made available. The time to implement an upgrade or update of the Platform will depend on the advancement and complexity of the technical changes introduced and may require a Service interruption.
      3. Mindgram stipulates that Service interruptions might occur when accessing the Platform caused by maintenance or modernization works, other than Platform updates.
      4. Service interruptions caused by updates on the Platform shall not be considered as undue provision of the Service by Mindgram.
      5. Mindgram shall ensure proper functioning of the Platform, in particular, by:
        1. removing Defects from the Platform,
        2. providing access to Platform updates,
        3. providing technical support when using the Platform.
      6. The User shall have the right to submit inquiries, comments and complaints in reference to the operation of the Platform.
      7. Defects of the Platform will be removed by Mindgram acting on its own initiative or based on a Report. Reports should be sent to: [email protected], and should contain the following data: contact details of the reporting person; description of the incident; where on the Platform the Defect appeared; the circumstances in which the Defect occurred; other information that Mindgram or the User may deem necessary to remove the Defect, or that will enable Mindgram to remove the Defect, provided that failure to provide the above-mentioned data will not render the Report ineffective.
      8. Failure to provide the above-mentioned information indicated in section 6.7. shall not render the reporting of irregularities ineffective, however, it may extend the time it takes Mindgram to remove irregularities. Each Report will be confirmed via an email sent to the reporting person to the email address provided in the Report, no later than 48 hours from the date of receipt of the Report, provided that the receipt confirmation of the Report does not include the time of Mindgram being out of service. The receipt confirmation of the Report shall include the information about the classification method of Reports, taking into consideration the criteria set out in section 6.9. and the maximum deadline for removing irregularities.
      9. Mindgram shall be obliged to remove the irregularities mentioned in the Report within the time limit according to the classification method of Reports.  The time limit shall begin from the time of receipt of the Report, mentioned in section 6.8., unless it is not possible to remove the irregularities within the above-mentioned time limit for reasons beyond the control of Mindgram. In case of failure to remove the irregularities within the time limit indicated in the preceding sentence, Mindgram shall be obliged to notify the person making the notification about this fact, indicating the actual date of removing the irregularities.
        Mindgram shall have the right to classify Reports according to the following categories:

        1. bocking error – an error that completely prevents access to the Platform, deadline for removal: up to 3 Business days,
        2. critical error – an error that partially prevents or limits access to the resources on the Platform, deadline for removal: up to 14 Business days,
        3. high error – an error that does not affect access to the resources on the Platform, deadline for removal: up to 60 Business days,
        4. low error – a different category error that does not have a significant impact on the functionality of the Platform – no guarantee of resolution.
      10. In case that the irregularities in the Platform functioning were caused by the Partner or the User, Mindgram may consider additional charges for the removal of irregularities of which Mindgram shall notify both the Partner and the User.
      11. In the event mentioned in section 6.10. of the Agreement, Mindgram shall notify about the identified cause of defectiveness on the Platform via email sent to the email address provided in the Report, indicating the cost of removal of the irregularities. The irregularities referred to in section 6.10. of the above Agreement shall only be removed upon payment to Mindgram of a fee for the removal of the irregularities within the time frame agreed by the Parties via email.
      12. Mindgram shall not be liable if the User cannot access the Platform as a result of: activities of the User or third parties consisting in introducing changes or modifications to the Platform, or when the User does not comply with the provisions of the Terms and Conditions while using the Platform.
      13. If the User notices unlawful data on the Platform, especially data infringing intellectual property rights, they should immediately notify Mindgram at the following email address: [email protected]
      14. All questions and complaints related to the performance of the Agreement should be submitted by email to the email address [email protected], or to the address of Mindgram’s registered office. The complaint should contain at least data necessary for the User’s identification and contact: the User’s name or email address, the subject of the complaint and the underlying circumstances, along with the date of occurrence, and the User’s expectations towards Mindgram, in particular the indication of desired actions from Mindgram.
      15. Mindgram shall consider a complaint within 7 working days from the date of its receipt, and immediately notify the User, via email, about the manner of its examination. If the data or information provided in the complaint needs to be supplemented before resolving the complaint, Mindgram shall request the User to provide such missing information. Providing additional clarification by the User extends the deadline set for resolving the complaint.
      16. Complaints resulting from failure to comply with the Terms and Conditions shall not be considered by Mindgram.
      17. In order to improve the functionality of the Platform, Mindgram shall have the right to register the activity of its Users, and to contact Users in order to conduct satisfaction surveys to maintain proper quality of Services.
    7. INTELLECTUAL PROPERTY
      1. Mindgram declares that it is entitled to unlimited author’s economic rights to the Platform as well as the right to use and distribute the Materials made available through the Platform.
      2. Mindgram grants a territorially unlimited, non-exclusive license to the User for the term of the Agreement to use the Platform and the Materials made available through it, according to the conditions and limitations set forth in these Terms and Conditions, without the right to grant further licenses, in the following areas of exploitation: display on a computer, mobile device (including mobile phones) or other electronic devices.
      3. Mindgram reserves all rights to the Platform and the Materials made available through it, not granted to Users explicitly under the Agreement. The license does not allow the User, in particular, to: (a) reproduce, distribute, rent, sell or otherwise indirectly or directly redistribute the Platform or the Materials, (b) modify, reverse engineer or otherwise interfere with the Platform’s software, (c) use and develop Mindgram’s intellectual property, including the Platform and the Materials, (d) use Mindgram’s intellectual property for an unlawful purpose or to the detriment of Mindgram. Any behavior fitting in the above-mentioned conditions shall be considered as a breach of the terms of the Agreement.
      4. The Service contains content and technology developed by Mindgram or Mindgram’s licensors, which is protected by copyright, trademark, commercial secret, and other laws. In the relations between the Parties, Mindgram is the owner or licensee of the intellectual property and other proprietary rights to the Service, including, but not limited to: the design, graphics, logos, functionality and its documentation (hereinafter «Ownership«). It shall be forbidden to: copy, modify or reproduce the source code of any part of the Platform or any Materials; rent, sell, lease, distribute, provide or otherwise use the Service on behalf of any third party.
      5. This Agreement does not transfer any property or any intellectual property of a third party to the User, and all rights, title and shares in such property shall remain solely with Mindgram, or their respective owners. All above-mentioned rights are reserved.
      6. Names, logos or trademarks of third-party companies and other users’ products may be trademarks of their respective owners.
      7. By accepting the Terms and Conditions, the User agrees to record and publish their image or work as well as consents to merge these works with the content of the Platform or the Materials (collective work); and grants a free, indefinite license to use the above-mentioned works if, through using the Platform or the Materials, they merge in such a way that Users’ images, opinions, statements, presentations, etc. become part of the content of the Platform or Materials.
      8. If the User participating in the workshops referred to in section 5.1.1. of the Terms and Conditions provides information constituting secrets protected by separate regulations, the User shall be obliged to immediately notify Mindgram. Mindgram shall take the appropriate actual and legal action necessary to secure the protected content, and to notify the individuals or entities who own the protected content. Mindgram shall not bear the responsibility for statements, opinions, recommendations, or omissions made by speakers and Users of the webinars. These individuals enjoy freedom of expression, and they make all statements and take all actions on their own behalf and in their name.
    8. USER’S CONTENT
      1. The User shall be fully liable for the content and statements posted on or through the Platform, including its quality and legality, as well as for any damage caused by such content. By sharing content and statements via the Platform, the User represents and warrants that:
        1. he/she has all rights, permissions and authorisations necessary to provide content to Mindgram,
        2. the content posted by the User is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
        3. the content posted by the User is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
        4. the content posted by the User is not advertised by means of unwanted electronic messages such as spam links on newsgroups, email lists, or other blogs and websites, and similar unsolicited promotional methods;
        5. the content posted by the User is not presented in a manner that misleads the readers into thinking that you are another individual or User.
      2. Without limiting any of the above representations or warranties, Mindgram reserves the right to remove any content from the Platform, or to terminate or deny access to and use of the Platform by Users, if the User’s content or activity violates these Terms and Conditions, decency or provisions of generally applicable law.
      3. If a third party has a claim regarding the User’s content, Mindgram shall immediately notify the User of the claim. In such a situation, the User undertakes to immediately contact the third party and takes the necessary action to resolve the dispute or satisfy the third party’s claims. If Mindgram satisfies the claims of a third party or repairs the damage caused, Mindgram shall file an appropriate recourse claim against the User.
      4. Mindgram respects the intellectual property rights of others. If you believe that material placed on or linked to by Mindgram’s Service violates your copyright or your intellectual property rights, you are encouraged to notify Mindgram. We shall respond to all such notices and, as required or appropriate, remove the infringing material or deactivate all links to the infringing material. We shall terminate the User’s access to and the use of the Service if, under appropriate circumstances, the User is determined to be a repeat infringer of the rights of others. In the event of such termination, we shall be under no obligation to refund any amounts previously paid to us.
    9. PERSONAL DATA
      1. The personal data Controller is Mindgram (the “Controller”). Mindgram processes User’s personal data on the basis of the Privacy Policy.
      2. The Controller has appointed a Data Protection Officer who can be contacted via email in order to inquire about personal data protection: [email protected]
      3. Mindgram exercises due diligence to respect the privacy of individuals using Mindgram’s services. Mindgram guarantees confidentiality of all personal data provided and ensures security and personal data protection measures required by the provisions on the protection of personal data. Personal data are collected with due diligence and are properly protected against access by unauthorized individuals.
      4. In order to render the Service, Mindgram obtains access to Users’ personal data such as: name and last name, email address, company, and other personal data voluntarily provided in connection with using the Workshops.
    10. LIABILITY
      1. Mindgram stipulates that any and all actions of Users taken on the basis of the content available on the Platform are taken at their own risk.
      2. Mindgram shall not be liable for:
        1. the method of use of the Materials made available to Users in connection with the use of the Application as well as the actions and consequences of the actions taken by Users as a result of using the Services indicated in section 5.1.3. and 5.1.4. of the Terms and Conditions,
        2. damage caused by disruptions in the functioning of the Platform, unavailability or limited availability of the Platform caused by reasons beyond the control of Mindgram, or which occurred as a result of events that Mindgram was not able to prevent,
        3. damage caused by the User’s failure to comply with the provisions of the Terms and Conditions,
        4. the consequences of Users’ use of the Materials provided in connection with the use of the Platform or the Services mentioned in section 5.1.3. and 5.1.4. of the Terms and Conditions, in particular, Mindgram stipulates that the provision of Materials and Services takes place without conducting a medical interview, including not having the results of Users’ tests and detailed information on their health condition, and the Materials provided and proposal for actions cannot replace professional medical advice or individual specialist consultations,
        5. damage caused by a violation of intellectual or industrial property rights by Users,
        6. damage connected with the operation of malicious or harmful software unlawfully introduced by the User or third parties,
        7. Users’ actions connected with the use of the Platform, in particular how the Platform or content are used by other users. In particular, on account of violations of intellectual or industrial property rights by users.
      3. Mindgram’s total aggregate liability for non-performance or undue performance of the Agreement shall in each case be limited to the amount of the actual loss and shall exclude lost profits.
      4. During a period of Force Majeure, Mindgram’s activities and duties affected by Force Majeure may be suspended. The suspension shall also apply to liability for failure to comply with contractual obligations.
    11. AMENDMENTS TO THE TERMS AND CONDITIONS
      1. Mindgram reserves the right to amend the Terms and Conditions for valid reasons, in particular in case of: changes in applicable laws affecting the content of the Terms and Conditions, changes in the functionality of the Platform, or changes of technical requirements.
      2. Mindgram shall notify Users via Users’ Accounts of the planned amendment to the Terms and Conditions, at least 14 days before its entry into force. The new wording of the Terms and Conditions shall enter into force at the beginning of the next calendar month. In case of amendments to the Terms and Conditions, the User shall have the right to, without additional cost, terminate the Agreement one day before the entry into force of the amendments to the Terms and Conditions.
      3. If the User does not terminate the Agreement within the time limit indicated above, the new amendments to the Terms and Conditions shall enter into force at the beginning of the next calendar month.
      4. The provisions of the Terms and Conditions, which may be considered as prohibited contractual provisions from the register kept by the President of the Office of Competition and Consumer Protection (abusive clauses), shall not be binding on Consumers.
      5. Mindgram notifies the User, who is a Consumer, about out-of-court means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out-of-court. Information on the possibility for the Consumer to use out-of-court means of dealing with complaints and pursuing claims, and rules of access to these procedures, may be available on the following websites of the Office of Competition and Consumer Protection:
        http://www.uokik.gov.pl/spory_konsumenckie.php
        http://www.uokik.gov.pl/sprawy_indywidualne.php
        http://www.uokik.gov.pl/wazne_adresy.php
        They may include, in particular, consumer ombudsmen or Voivodeship Trade Inspectorates, a list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php
      6. The Consumer may also obtain the information referred to in section 11.5. at the offices and on the websites of district (municipal) consumer ombudsmen, civic organizations whose statutory tasks include consumer protection and Voivodeship Trade Inspectorates.
      7. The Consumer has the following possibilities for out-of-court means of dealing with complaints and pursuing claims:
        1. the possibility to apply to a permanent amicable consumer court operating at the Trade Inspection,
        2. the possibility to apply to the voivodeship inspector of the Trade Inspection, requesting the initiation of mediation proceedings regarding amicable settlement.
      8. Mindgram informs that there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform), available at the address http://ec.europa.eu/consumers/odr/.
    12. FINAL PROVISIONS
      1. The Terms and Conditions shall apply to the User for an indefinite term, but no longer than the term of the agreement with the Partner, with regard to which the User’s Account has been created.
      2. The Agreement shall expire if the User’s Account is not activated within 24 hours from registration, on the basis of rules set forth in section 4.2. of these Terms and Conditions.
      3. Mindgram shall have the right to terminate the Agreement with immediate effect, resulting in blocking Users’ access to the Platform, if:
        1. the User breaches the provisions of these Terms and Conditions,
        2. the contract concluded by Mindgram with the Partner who is the User’s employer or associate in reference to which Mindgram provides the Service to the User, is terminated, with the provision that Mindgram shall be obligated to notify the User of this fact at least 14 days prior to the planned agreement termination date.
      4. Mindgram shall notify the User of the termination of the Agreement via email sent to the email address provided by the User on the User’s Account.
      5. Polish law shall apply to the obligations resulting from the Terms and Conditions. All disputes connected with the Terms and Conditions shall be resolved by Polish common courts. Mindgram and the User shall make every effort to resolve any disputes amicably.
      6. Subject to the provisions of Article 58 § 3 in fine of the Civil Code, the Parties agree that if any part of the Terms and Conditions turns out to be invalid, ineffective, otherwise legally defective or unenforceable, the remaining part of the Terms and Conditions shall remain in full force. In case of an invalid, ineffective provision or any other legal defect or unenforceability, the parties shall agree, in good faith, to the maximum possible extent, on alternative provisions that shall be binding and enforceable, and shall reflect the original intentions of the Parties.
      7. These Terms and Conditions, shall enter into force on 29.06.2021.

Conócenos

Rellena el formulario y descubre las posibilidades de Mindgram

    El sitio web utiliza cookies. Si no estás bloqueando estos archivos, aceptas su uso y almacenamiento en la memoria del dispositivo que utilizas. Recuerda que puedes cambiar la configuración de tu navegador para impedir la instalación de cookies. Puedes encontrar más información en la Política de Privacidad.