- Service – the Crypto-Alert web application, can be found at https://crypto-alert.pl/
- Terms and Conditions – these regulations, can be found at https://crypto-alert.pl/en/regulations/
- Service Provider – “Gendek” Mateusz Gendek, Kulik-Kolonia 33, 22-130 Siedliszcze, NIP: 5632436533, REGON: 381693657.
- User – a recipient of services, an entrepreneur or consumer, a purchaser, anyone who accesses the Web App and uses the Services provided through the Web App by the Service Provider.
- Service – the performance of a service not involving the simultaneous presence of the Service Provider and the User.
- Pricelist – a statement of Service charges provided through the Web App by the Service Provider.
- The Service Provider is the owner of the Web App.
- The Terms and Conditions determine the types and conditions of the provision of Services through the Web App by the Service Provider and the rules of using the Web App, as well as the conditions of concluding and terminating contracts, the payment terms and the complaint procedure.
- The Terms and Conditions are available on the Web App in a form which enables downloading, recording, saving, and printing.
- The Service Provider may make amendments to the Terms and Conditions, if needed, by making the new version available on the Web App. The User shall be then notified by e-mail.
Type and extent of the activity
- Through the Web App, the Service Provider provides Services consisting in setting up access to use paid functionalities of the Web App and sending personalised electronic notifications in the form of e-mails, SMS or messages in Telegram app.
- Using the Services provided by the Service Provider on the Web App is voluntary and requires registration and placing an order on the Web App.
Placing an order
- Placing an order takes place by:
a) registering on the Web App and, if the User is already registered, logging on to the Web App;
b) choosing a Service from the Pricelist available on the Web App;
c) correct filling of the order form;
e) sending the order form electronically from the Web App;
- The order is placed when the User expresses the willingness to accept the provision, which is made by clicking the “Buy and pay” button.
Conclusion of contract
- The contract shall be concluded at the moment when the User expresses the willingness to proceed to the receipt of the performance, which is done by paying by the User for the order referred to in §4(3).
- The ordered Services will be delivered at the time of the conclusion of the User’s contract with the Service Provider as referred to in §5(1).
- In order to use the Web App it is necessary to have:
a) connection to the Internet,
- In addition, in order to use the Services it is necessary to have:
a) a GSM network connection and an active telephone number, in the case of the SMS Services provision,
b) an installed Telegram application with an active account connected to the Web App, in the case of Telegram Services provision,
c) an active e-mail account.
- The User who is a consumer has a right to withdraw from the contract without giving any reason by submitting an appropriate declaration in writing to the Service Provider’s registered address within fourteen days from the conclusion of the contract for the Services provision. To meet the withdrawal deadline, it is sufficient to send the declaration before the withdrawal period has expired.
- If the User exercises the right of withdrawal after the request referred to in paragraph 1, the User is obliged to pay for the services provided until the withdrawal from the contract. The amount due shall be proportionally calculated up to the extent of the services rendered (in this case the past period for accessing the Service), including the contractually agreed price for the Service.
- In the situation referred to in paragraph 1, the Service Provider shall terminate the User’s access to the paid functionalities of the Web App acquired through the conclusion of the contract for the Services provision.
- The Service Provider shall immediately, but not later than within 7 days from the receipt of the User’s declaration of withdrawal referred to in paragraph 1, refund the amount paid for the Service by the User, less the amount for the services performed by the Service Provider until the withdrawal, in accordance with paragraph 2.
- The User is obliged to pay for the ordered Service.
- The price and other relevant terms and conditions related to the Service are presented in the Pricelist.
- Details of the price can be found at https://crypto-alert.pl/#cennik
- Payment is possible in form of:
a) online payment via the Przelewy24 Web App.
- The amounts specified on the Web App are gross prices, which means that they include value added tax (VAT).
- The User agrees and authorises the Service Provider to issue a VAT invoice without the recipient’s signature and to issue an e-invoice.
- The Service Provider shall take every effort to ensure that the Service is provided to the User in a continuous and uninterrupted manner. However, the Service Provider reserves the right to unannounced, temporary exemption of the Service and/or suspend the registration process in order to carry out maintenance, technical or other work aimed at improving the quality of the provided Services. The Service Provider shall not be liable for any damages to the User resulting from the inability to use the Services or their malfunction.
- The Service Provider shall bear no liability for any damages resulting from the User’s failure to meet the technical requirements referred to in §7.
- The Service Provider shall not be liable for any damages resulting from the User’s disclosure of login data to the Web App to third parties, data loss, software damage, software changes or hardware damage.
- The Service Provider is not liable for any kind of external events impossible to foresee or prevent, causing damage to the User.
- The Service Provider does not in any way guarantee profit and is not responsible for possible financial losses in the conscious decisions of the User suggesting the content of notifications received within the extent of the Service provision referred to in §3.1 or suggesting information found on the Web App. The notifications and content on the Web App are not and cannot be considered as investment advice or counseling.
- With regard to the information presented within the Web App, which has been posted therein or provided by third parties, the Service Provider shall not be liable for the accuracy, relevance, or completeness of information presented on the Web App, as well as for its suitability for any activities of the User.
- The Service Provider does not check and does not guarantee the notification content security that is sent in an automated manner by the system to the User. The Service Provider is not liable for the possible harmful notification content referred to in §3(1).
- The Service Provider does not guarantee or warrant the safety, quality, accuracy or availability of the provided Services.
- The User is prohibited to provide any content other than specified in the Terms and Conditions, advertising or of illegal nature, as well as to take measures likely to result in causing the malfunction of the Web App. If the Service Provider receives a notice or reliable information about the illegal nature of the data provided by the User, the Service Provider may prevent the User from accessing the Web App.
- In addition, the Service Provider shall not be liable for the User’s use of the Web App in a manner inconsistent with the provisions of the Terms and Conditions, applicable laws, or the terms of agreements between the Service Provider and the User.
- The warranty for defects of the Web App or any content related to the Web App is hereby excluded to the maximum extent permitted by law.
- The User has the right to lodge complaints about the Services in writing in one of the following ways:
– a written declaration of intent, confirmed by User’s own signature, sent to the address of the Service Provider’s office,
– a declaration of intent in electronic form with a secure electronic signature verified by a valid qualified certificate,
– a scan or a photo of the signed declaration of intent sent by e-mail to email@example.com
- A correctly submitted complaint should contain at least the following data:
– User designation (including name, surname, e-mail address, telephone number and, in the case of legal persons, the name, registered office address and contact details of the person authorised to deal with the complaint);
– a problem description under which the complaint is made.
- The Service Provider will consider complaints within 14 days of their receipt and will notify the complainant of the result of the complaint.
- In the case of a claim, the Service will be provided free of charge in a defect-free condition. If redelivery of the Service is not possible, the equivalent price will be refunded within 7 days by Service Provider. The Service redelivery will take place within 7 days from the date of admittig the complaint.
- The Service Provider declares that, in connection with or in the performance of the Service to the User, he provides the User with content protected by intellectual property rights, in particular works protected by copyright.
- The User is obliged to comply with the intellectual property rights. In particular, any copying, modification, as well as public presenting of the content without the written consent of the Service Provider is prohibited, unless otherwise specified in separate agreements or mandatory legal regulations.
- For all Services, the Service Provider grants a non-exclusive licence, unlimited in time, to use the Services for the User’s own needs. If the User is a legal person or an legal entity with limited legal capacity, the licence includes the right to use in the above extent, by all persons employed or performing orders or other services for or on behalf of that legal person or legal entity with limited legal capacity.
- To all and any issues not regulated by Terms and Conditions, the relevant provisions of general applicable Polish law shall apply, including the Act of 23 April 1964. – Civil Code and the Act of 18 July 2002 on Providing Services by Electronic Means as well as other applicable laws.
- Any disputes arising from the interpretation or implementation of the Terms and Conditions shall be settled by a court of competent jurisdiction according to the provisions of law.
- The Regulations shall come into force on 09.12.2021.