Terms shall govern general terms and conditions of providing
Services by electronic means by THE POINT WE CARE ABOUT YOUR CUSTOMERS SP. Z O.O., a sole
proprietor with primary place of business at ul. Wawrzyszewska 11/6, 01-162 Warszawa, REGON 386580113, KRS 0000851194, VAT EU
PL952 187 57 34, hereinafter referred to as “The Point”
creating a User Account, the User declares that he has read the
provisions of these Terms, accepts them, as well as that he agrees
to immediately make the Service available to him, after fulfilling
the conditions specified in Terms.
otherwise expressly provided to the contrary in these Terms, all
capitalized terms used herein shall have their respective meanings
set forth below:
- means an electronic file
created by the User in connection with the use of the Service, which
is in particular a photo, graphic or image.
list - means the price list
specifying the current amount of fees for Services provided by The Point
on the basis of these Terms, published on the Website.
– means a sequence of
letters, digital or other characters selected by the User during the
Registration, used to secure access to the User Account.
– means THE POINT WE CARE ABOUT YOUR CUSTOMERS SP. Z O.O. with its registered office in ul. Wawrzyszewska 11/6, 01-162 Warszawa, REGON 386580113, KRS 0000851194, VAT EU PL952
187 57 34
Account – means a panel,
individual for each User, launched for its benefit on the Website by
The Point, after completing Registration procedure by the User.
Period – means a period of
time for which the Service is made available to the User by The Point,
in accordance with the order placed by the User, based on the
concluded contract for the provision of the Service.
Period – means a period of
time for which a given Service is made available to the User by
The Point free of charge for the purpose of testing it. The length of
the Test Period is determined by The Point and can be found in the
description of the given Service on the Website.
– means a set offactual
activities defined in the Terms, necessary to create a User Account,
order and us of a Service.
– means the website operated by The Point available at: ,
Majeure – means an external
event, unpredictable and impossible to prevent, in particular:
catastrophic acts of nature, acts of legislative and executive
power, as well as strikes, riots and warfare conducted on the
territory of the Republic of Poland.
– means a natural person, a
legal person or an organization without
legal personality having legal capacity under a law,
conducting a commercial or professional activity in its own name.
– means a service provided
electronically, through the Website, by The Point.
Service - means a Service
provided on individually negotiated terms and with an individually
agreed range of available functions.
provides Services only for such Users who concluded a Registration
process, created a User Account and ordered a Service in accordance
with these Terms.
shall be carried as follows:
User shall fill in the registration form, made available by The Point
for a given Service on the Website;
User shall send the completed registration form by electronic
means to The Point by selecting the appropriate function in the
shall immediately send by e-mail, to the address provided by the
User in the registration form, confirmation of creation of a User
order to activate the User Account, the User is obliged to click
on the link provided by The Point in the sent notification of the
creation of a User Account;
shall take place at the moment of activation of the User Account
by the User, which shall take place by clicking the link referred
filling in the registration form, the User is shall comply with the
User should fill in all fields of the registration form marked as
data provided by the User in the registration form should be true
User shall establish a Password that is supposed to secure access
to the User Account;
a completed registration form to The Point is equivalent to:
and acknowledgement of these Terms by the User;
commitment to comply with the provisions of the Terms;
for delivery of invoices by electronical means of communication,
in accordance with an order places by the User.
User shall immediately inform The Point about the change of his/hers
data provided during the Registration process.
User shall make every possible effort to maintain confidentiality
and not to make the Password available to third parties. In the
case of circumstances indicating the suspicion that the Password is
in the possession of an unauthorized person, the User is obliged to
immediately notify The Point, using available means od communication.
User’s Account may be deleted in the following cases:
the request of the User, who has completed the Registration and
does not use any Service;
other cases indicated in the Terms, in particular in case of
violation of these Terms by the User.
User’s Account will be deleted by The Point within 14 calendar days
from the occurrence od the event referred in paragraph 7 above.
and scope of Services, ordering of Services and payment conditions
hereby Terms shall apply to the provision by The Point by electronic
means to Users, the following Services:
and eBay auction photo
detailed description of the Services and their scope is available
at the Website.
prices of the Services are
specified in the Price List. The prices given in the Price List are
prices [net, expressed in EURO,
subject to an increase by VAT / gross, expressed in EURO].
The parties are bound by the price specified in the Price List in
force and published on the Website on the date of placing the order
for the Service by the User, in the manner specified in these
Terms. A subsequent change of the Price List does not affect the
price valid at the time of concluding the contract for the
provision of the Service.
for Dedicated Services are negotiated individually and depend on
arrangements with the User.
method of providing Services by electronic means by The Point is
specified in these Terms, unless the User has concluded a written
agreement with The Point for the provision of dedicated Services in the
course of individually conducted negotiations.
provides Services by electronic means 24 (twenty-four) hours per
day, 7 (seven) days per week, for the Users who has ordered the
A Service may be ordered through User's Account, by completing the
Service order form, in accordance with the parameters available for
When specifying the parameters of the Service referred to in section
7 above, the User receives summary of he price of the selected
Service, its duration and scope thereof.
The User orders the Service by selecting the appropriate function
under the order form or by creating an account (registration).
Afterwards The Point sends to the e-mail address provided by the User
during Registration the confirmation of concluding the contract for
the provision of the Service by electronic means.
If a Trial Period has been provided for a given Service, the User who
ordered this Service in accordance with these Terms has the right to
use the Service free of charge during the Trial Period in accordance
with option of his choice. During the Trial Period or after its end,
the User may only extend the Service for a fee, under relevant
Service order. If the Service is not extended, the User will not be
able to access it after the expiry of the Trial Period. Each User may
use the free Trial Period for a given Service only once. The User may
choose the payment methods for the Services, as indicated in the
Activation of the Service after the end of the Trial Period, and if
the Trial Period for a given Service has not been provided for -
after placing an order for the Service by the User and after the User
receives confirmation from The Point of concluding the contract for the
provision of the Service by electronic means, will be made upon
confirmation of initial payment by the User, in accordance with the
payment terms selected by the User.
The Point sends the User who purchased the Service electronic invoices
documenting such purchase to the e-mail address of the User provided
by him during Registration.
requirements and availability of the Service
the proper provision of Services through the Website, it is
necessary to connect the User’s device to the Internet and
install by the User on the Device a web browser in any version.
User acknowledges that after uploading photographs, graphics,
images and texts to the IT tools made available by The Point as a part
of a given Service, their formats may be adapted by The Point to the
requirements of the Website, which may affect the quality of the
file or its other properties.
order to ensure the provision of the Service at the highest level,
The Point reserves the right to improve the technical parameters of the
provided Service and its functionality or to update the software
used in providing the Service to the more actual version. The Point
shall inform the Users registered on the Website about any
improvements or updates.
shall be entitled to introduce a planned technical break in the
functioning of the Service, in the period not longer than 48 hours,
carried out in the time of the smallest load, connects with the
operation and maintenance of the Website. The Point shall notify in
advance the Users registered on the Website about planned technical
Services and software used in connection therewith, as well as the
content, appearance, functional layout and graphic elements of the
Website are protected by copyrights and/or other rights (based on
Polish and international law) vested in The Point or its suppliers.
shall retain exclusive rights to the Website and all its elements,
including software, graphic design of signs and markings, video
images and recordings or audio, placed on the Website.
grants to the User a personal, non-exclusive and non-transferable
license to use the materials referred to in section 2 above,
without the right to further sublicense.
no circumstances The Point shall transfer to the User any intellectual
property rights to the Website, its parts or components referred to
in section 2 above. Audio or video recordings made available to the
User through the Website may only be played within the Website and
may not be altered, modified or copied by the User in any way.
User may not copy, modify or transmit electronically or in any
other form and in any other way any elements of the Website in
whole or in part without the prior written consent of The Point, except
circumstances indicated in generally applicable law.
for using the Website and the Services
User shall use the Website and the Services provided in a manner
consistent with their intended use, and moreover, in a manner that
does not violate generally applicable laws or the rights of The Point
or third parties or any applicable good practices.
User bears full liability for the content uploaded by the User
through the Website or applications and tools made available by
The Point as a part of Services, as well as for damages resulting from
the User’s actions being in breach of these Terms. It is
forbidden to provide illegal content by Users.
use of the Website and Services shall take place exclusively at the
risk of the User and The Point does not give any guarantee and does not
bear any liability for any consequences of using the Website or
Services by the User.
User shall not:
any hardware or software that may damage or interfere with the
proper functioning of the Website or the applications and IT tools
made available by The Point in connection with the provision of the
any hardware or software that enables the interception of any
system, data or information from the Website;
any action that could unreasonably or disproportionately burden the
Website or other Services’ infrastructure.
shall have the right to deny the access to the Website or Services,
terminate the Agreement for the provision of the Service, block or
delete the User’s Account in the event that The Point obtains reliable
information that the User is using the Website or Services in the
illegal or immoral manner, or if it otherwise violates the
provisions of these Terms or acts to the detriment of The Point or other
Users. The Point notifies the User of the intention to take the actions
referred to above by electronic means to the address provided by the
User in the registration form.
blocking of access to the User’s Account or Services for the
reasons listed in section 4 above shall last for the period
necessary to resolve the issue that constitutes the basis for
blocking access to the User’s Account or Services. The Point shall
notify the User of its intention to block access to the User’s
Account or Services. The Point notifies the User of its intention to
block access to the User’s Account or Services electronically to
the address provided by the User in registration form.
shall provide Services with due diligence, in accordance with these
shall be liable to the User in connection with the operation of the
Website or the Service provided to the User only in case of
particular, The Point shall not be liable for non-performance or
improper performance of the Service, especially if it is an effect
of Force Majeure or other circumstances for which The Point, in
accordance with generally applicable law, shall not be liable;
attributable to third parties through which the Service is
use of the Website or Service by the User;
of the Website or Service by the User in a manner inconsistent
with the Terms or applicable law;
of the User’s Password by third parties, if these persons came
into possession of it with the User’s consent or as a result of
insufficient protection of the Password by the User against
any case, The Point’s liability shall not cover lost profits and in
each case is limited to a Service fee actually received by The Point in
connection with such Service to which a loss is attributable.
of the Service agreement
agreement for provision of Services may be terminated by either of
the Parties at any time and without giving reasons, with 30 days’
notice unless the individual agreement for a dedicated Service
the event of termination of the agreement for the provision of the
Service by the User prior to the expiry of the prepaid Subscription
Period, The Point shall not refund the User for the remaining, unused
the event of termination of the agreement for the provision of the
Service by The Point with the User before the expiry of the prepaid
Subscription Period, The Point shall reimburse the User for the fee for
the Service in the amount proportional to the remaining, unused and
prepaid Subscription Period,
User shall terminate the contract for providing the Service by
sending an appropriate declaration of will to The Point e-mail address,
however the termination contract shall take place after the period
of notice of 30 calendar days.
shall terminate the contract for the provision of the Service by
sending an appropriate declaration of will to the User’s e-mail
address provided by the User during the Registration process,
however, the termination of the contract shall take place after the
period of notice of 30 calendar days.
shall have the right to terminate the contract for the provision of
the Service with a User concerned without notice in case where any
payment due to The Point is more than 30 days past due or violation of
the Terms by the User and in other cases provided in the Terms.
related to the functionating of the Website, the provision of
Services and questions concerning
the use of the Website shall be submitted to the electronic mail
The complaint shall include the data of the person lodging the
complaint (name, surname, address) and the justification of the
shall consider the complaint within 14 calendar days since the day
of its receipt and shall immediately inform the User, via e-mail,
of the manner in which the complaint has been handled. If the
information provided in the content of the complain needs to be
supplemented, the time for processing the complaint shall be
User shall have no right to appeal against the content of the
response to the complaint.
processing of personal data by The Point shall be carried out in
accordance with the principles set out in the Private Policy.
shall be considered as general terms and conditions of contracts
within the meaning of the Polish Civil Code. The application of any
general conditions of contracts or commercial regulations concluded
by the User shall be excluded.
can be changed by The Point at any time, without prior consent of the
User. The information about the change of Terms shall be provided to
the Users at the e-mail address indicated during registration. The
changes referred in the preceding sentence shall be binding for the
User from the date specified by The Point, falling not sooner than 14
days from the date of informing The Point abut these changes. The User
shall have the right to terminate the contract for the provision of
Service within 14 days from the date of receiving information about
changes in the Regulations. If the User does not terminate agreement
for provision of the Services, or if at such time he does not use
any Service – will not delete the account within the period
indicated in the preceding sentence, it shall be tantamount to the
acceptance of the changes to the Regulations and the contract for
the provision of Services. In the event of termination of the
agreement due to amendment to these Terms, the Services will be
provided on previous terms and conditions until the end of the
current Subscription Period. Subsequent orders may be placed only
under new Terms.
User shall not be allowed to transfer the right and obligations
under the Agreement to a third party without prior written consent
of The Point.
may transfer all rights and obligations to other entities, at its
own discretion and to which the User hereby grants his or her
consent. The Point shall inform the User in a manner appropriate for
amending the Terms. Provisions of section 3 above shall apply
case any provision of the Terms is deemed invalid by virtue of a
valid court decision, the remaining provisions of the Regulations
remain on force. All disputes arising between the User and The Point
shall be firstly resolved amicably, however in case of failure an
agreement, they shall be a subject to the decision of competent
matters not regulated in the Terms, generally applicable provisions
of Polish law shall apply unless consumer protection rights in any
jurisdiction provide otherwise.
provisions of the Terms shall come into force on 1st