Regulations for the provision of services on kartapobytu.pl

§ 1. Definitions

1. Regulations – This document issued pursuant to Art. 8 section 1 of the Act of July 18, 2002 on the provision of electronic services, i.e. of December 13, 2018 (Journal of Laws of 2019, item 123), available at www.kartapobytu.pl/pl/regulamin.

2. Website – IT system available to Users in the “Login” section at www.kartapobytu.pl.

3. Service Provider – Karta Pobytu Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-844), ul. Grzybowska 87, registered under NIP: 5273074709, REGON: 526361914, KRS: 0001057395.

4. User – a natural person, a legal person or an organizational unit without legal personality – established in accordance with applicable regulations – using the services available on the Website.

5. Consumer – A natural person who concludes or for whose benefit a contract for the provision of services has been concluded, for purposes not directly related to his or her business or professional activity.

6. User Account – this means a set of data, files and settings to which Website Users have exclusive access.

7. Price list – Terms and fees for the Services provided by the Service Provider, available at www.kartapobytu.pl/pl/cennik, or in a separate Agreement, the terms of which will prevail over the Regulations.

8. Service – Administrative support provided to Website Users by Specialists dedicated to serving Users, using the functionality of the Website.

9. Package – individually named, separate sets of Website functionalities along with access limits for various user groups, defined in detail in the Website Price List.

10. Agreement – Agreement for the provision of services via the Website, which may be additionally concluded between the Service Provider and the User in order to regulate arrangements not regulated in these regulations. The provisions of the contract always prevail over the regulations.

§ 2. General provisions

1. The Regulations have been prepared based on the applicable provisions of Polish law and describe the rules for using the Website, as well as the scope of responsibility of the Service Provider as an entity providing Services to Users.

2. The Regulations define the functioning of the Website, as well as the type, scope and conditions of providing Services to Users.

§3. Copyright

1. The website contains content protected by copyright, industrial property law and intangible goods protected by intellectual property law belonging to Karta Pobytu Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw. Reproduction and distribution of the content contained on the Website, in particular texts, graphics, trademarks, logos, icons and photos, requires the written consent of the Service Provider. Any actions in this regard undertaken without the written consent of the Service Provider are prohibited.

2. Users are obliged to use the content of the Website only for their permitted personal use.

3. All intellectual property rights to all and any part of the Website, including the materials and information contained therein, in particular texts, navigation solutions, selection and arrangement of presented content, verbal and graphic logos, interactive applications, audiovisual materials, compilations of materials, photos, surveys , forms, templates and studies are the property of the Service Provider. This also applies to all materials made available to Users electronically, in particular via e-mail.

4. Modifying, copying, distributing, transmitting, displaying, transmitting, reprinting, sublicensing, creating collective works from the materials referred to above, as well as sending back or selling these materials is not permitted.

5. The Service Provider reserves the right to place advertising content on the Website regarding the offered Services, as well as goods and services of third parties, in the forms used on the Internet.

6. The Service Provider may also make the resources of the Website’s IT Service available for the purpose of posting and storing advertising content (which does not have to be related to the Services) by other entities, e.g. Google AdSense. All revenues from posting and storing advertising content on the Website are exclusively due to the Service Provider. Detailed conditions for placing and storing advertising content, as well as payment rules, are each time agreed between the Service Provider and the entity interested in placing and storing such content.

§4. Rules for using the Website

1. Users may use the Website only for their own use. It is prohibited to use the resources and functions of the Website to conduct commercial activities or activities that would violate the interests of the Service Provider.

2. Due to the need to improve and ensure the proper operation of the Website, the Service Provider reserves the right to:

   1. periodically disabling the availability of the Website in order to expand, maintain or update it,

   2. occasional, short interruptions in access to the Website without giving reasons,

   3. termination of the provision of the Services at any time by closing part or all of the Website, after publishing appropriate information on the Website.

3. Users are entitled to use the Website only in a manner consistent with applicable law and the Regulations.

4. It is prohibited to use the Website in a manner contrary to the principles of social coexistence and good manners.

5. It is prohibited to use the Website and its content in an automated manner. In particular, the use of bots, indexing robots and other automated tools enabling the use of the Website without the User’s interference is prohibited.

6. It is prohibited to post any illegal data or content on the Website, including data that is inconsistent with the facts.

7. All data provided by the User when using the Website must be true. Users bear full financial and property responsibility for the use of false data.

§5. Scope of functionalities offered by the Website

1. The Service Provider uses the Website to enable Users to use the functionalities available as part of the purchased Packages, along with the possibility of saving data within the User Account.

2. The functionalities provided on the Website are related to the creation, processing and storage of User data entered into the Website, related to administrative proceedings in the area of ​​applying for residence permits in Poland by third-country nationals who meet the conditions set out in the provisions of Polish law, specific to the type permits.

3. Both Users with a registered account on the Website and unregistered Users can benefit from consultations with specialists, available from the main page of the Website.www.kartapobytu.pl.

4. The User may select a single Service or one of the Packages offered on the Website, the detailed description of which is included in the price list or described in a separate Agreement.

5. The Service Provider reserves the right to modify the Website at any time by expanding it with new functionalities or changing the operation of existing functionalities offered in given Packages.

6. The service provider places links on the website directing to the websites of partners offering complementary services, such as insurance, document translations or courier services. Using additional services requires going to the website of the Website’s partner. The Service Provider is not responsible for services provided by partners and is not a party to any claims related to services provided by external entities. The user is obliged to read the regulations of partner companies on the basis of which services are provided and make their own decision whether to use the offers of external entities.

7. The Service Provider reserves the right to use the Website to conduct commercial and advertising activities, including placing advertisements on the Website.

§6. Use of the Website – acceptance of the Regulations and creation of an Account on the Website

1. The user can browse the content posted on the home pagewww.kartapobytu.pl, and subpages that do not require logging in without accepting the Regulations. By using the Website in this way, there is no need to create a User account and register on the Website.

2. When registering an account on the Website and concluding an agreement with the Service Provider for the provision of electronic services, acceptance of the Regulations is required.

3. Activation of an account on the website is possible both by the Service Provider and on your own.

4. Acceptance of the Regulations and registration of an account on the Website allows you to enter the data needed to prepare documents necessary to apply for a residence permit, as well as to save the completed forms in a way that allows you to return to interrupted work at any time. A dedicated specialist who is responsible for helping the User prepare documents in a complete manner also has access to the data entered by the User.

5. The system has an extensive system of messages informing about the changing statuses of the User’s administrative proceedings handled by the Website, as well as a chat enabling communication directly between the User and the specialist dedicated to his/her service.

§7. Conclusion and duration of the Agreement

1. Accession to the Agreement takes place on the date of conclusion of the Agreement or when the User logs in for the first time, based on a unique e-mail address and a self-defined password for the Website.

2. Services paid for by Users – Consumers will be made available after 14 days from the date of placing the order. At the Consumer’s request, confirmed by the waiver of the right to withdraw from the contract, the Services will be made available to him before the expiry of 14 days, immediately after the Service Provider receives confirmation of payment (confirmation of payment is forwarded to the Service Provider via the payment Telecommunications Operator).

3. The Service Provider reserves the right to organize promotional campaigns, which will not constitute the basis for refunding all or part of the funds paid to Users who purchased services before the promotional campaign began, at a higher price.

4. The User’s account is deleted by selecting the “Delete account” option in the User’s settings menu, or by sending a request to delete the account electronically from the e-mail address to which the Account is registered to the e-mail address hello@kartapobytu.pl . In each of the situations described, the User’s account is immediately and irreversibly deleted, and the Agreement binding the User and the Service Provider is terminated. Fees incurred by the User are not refundable in the event of closure of the account which is not the result of a complaint accepted by the Service Provider.

5. The Service Provider reserves the right to terminate the Agreement with immediate effect if the User violates the provisions of the Regulations or the Agreement, acts to the detriment of the Service Provider, or takes actions aimed at violating the security of data located on the Website or makes an unauthorized attempt to access the Website or attempts to integrate the website with an automated tool enabling the use of the Website without the User’s intervention.

§8. Payment for services

1. The use of the Services offered via the Website is subject to payment, on the terms specified in the Price List or the Agreement. If a separate Agreement is concluded, its provisions shall prevail.

2. The User consents to making payments and sending confirmations of completed transactions to the e-mail address provided during registration on the Website.

3. Payment for the Services offered by the Service Provider can be made using the payment methods available on the Website: quick e-transfers, payment cards, BLIK.

4. Settlements of credit card and e-transfer transactions are carried out via PayPro SA with its registered office in Poznań, at ul. Pastelowa 8 (60-198), entered into the register of entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register. Court Register under KRS number 0000347935, NIP number 7792369887, with a share capital of PLN 5,476,300.00, fully paid up, and to the register of national payment institutions kept by the Polish Financial Supervision Authority under number UKNF IP24/2014, based on the Regulations of services available at : https://www.przelewy24.pl/regulamin.

§9. Withdrawal from the contract for the provision of electronic services

1. Consumers have the right to withdraw from an electronically concluded contract for the provision of electronic services within 14 days while retaining the right to reimbursement of costs incurred to the Service Provider. After a period of 14 days, the Consumer may stop using the Website at any time, without the right to reimbursement of costs incurred to the Service Provider.

2. The right to withdraw from the contract for the provision of electronic services while retaining the right to reimbursement of costs incurred to the Service Provider does not apply to Users who are not Consumers. Users who are not Consumers may stop using the Website at any time, without the right to reimbursement of costs incurred to the Service Provider, unless it is described otherwise in a separate Agreement.

3. In order to withdraw from the contract, you must inform the Service Provider about this decision by sending a clear statement to the address of Karta Pobytu Sp. z o. o., ul. Grzybowska 00-844 Warszawa, or by sending an e-mail to: hello@kartapobytu.pl .

§10. Processing of personal data

1. The administrator of Users’ personal data within the meaning of the Personal Data Protection Act to the extent and purposes detailed in the Privacy Policy is the Service Provider, i.e.: Karta Pobytu Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-844), at ul. Grzybowska 87, registered under the numbers NIP: 5273074709, REGON: 526361914, KRS: 0001057395.

2. The User’s personal data are processed in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (GDPR).

3. The Service Provider takes all necessary measures to ensure the protection of the User Account.

4. The scope of data made available to the Service Provider as a result of creating an account on the Website and completing the information required in the processes in which the User is supported by the Service Provider via the Website:

   1. data from the travel document, i.e. name and surname, date of birth, PESEL number, travel document number and expiry date;

   2. address and contact details, i.e. e-mail address and telephone number;

   3. data on education and professional experience;

   4. details about family members;

   5. information about possible offenses and violations of regulations.

5. Personal data referred to in section 1 will be processed by the Service Provider in order to enable Users to use the Website. These data may also be used to verify by a dedicated specialist whether the Website User meets the criteria required by law to apply for the desired type of residence permit.

6. The Service Provider reserves the right to disclose data collected in the User’s account only at the request of authorized state authorities.

7. Users have the right to view, modify and permanently delete their data contained in the Website’s database on the terms described in the Privacy Policy.

8. The Service Provider is not responsible for the content and quality of data entered by Users.

9. The Service Provider declares that it uses the cookies mechanism on the Website’s websites in order to recognize the User’s devices, adapt the content of the Website to the User’s settings and preferences and optimize their use, as well as to create anonymous, aggregated website traffic and website usage statistics. The User accepts the cookies policy upon the first visit to the Website and each time after clearing the browser cache.

§11. Complaint procedure

1. All complaints related to the Services provided by the Service Provider should be submitted in writing to the address of the Service Provider’s registered office or to the e-mail address hello@kartapobytu.pl .

2. The Service Provider ensures that it will consider submitted complaints immediately, no later than within 30 days from the date of receipt of the complaint by the Service Provider, at the same time stipulating that complaints will be accepted only by correspondence.

3. In particularly complicated cases that make it impossible to consider the complaint and provide a response within 30 days, the Service Provider, in the information provided to the User who submitted the complaint, will explain the reason for the delay, indicating the circumstances that must be established to consider the case and specify the expected deadline for considering the complaint and providing a response, not exceeding 60 days from the date of receipt of the complaint.

4. A complaint should include a detailed description of the event justifying the complaint, the name and surname and e-mail address of the User.

§12. Service Provider’s liability

1. The Service Provider makes every effort to ensure the proper functioning of the Website in technical terms.

2. To the fullest extent permitted by Polish law (taking into account consumer protection regulations), the Service Provider is not liable for any events and damages resulting directly or indirectly (including damages due to loss of profits from running a business, interruptions in business operations or loss of business information and other property damage) due to the use, inability to use or incorrect operation of the Website, and unauthorized use of the Website by the User or another person.

3. The Service Provider is not responsible for incorrect completion of the forms on the Website by Users, and in particular is not liable to third parties whose data were indicated in the Website’s forms without their knowledge and consent.

4. The Service Provider is not liable in connection with the improper use of the Website by Users and the incorrect functioning of computer equipment, computer software or the communication service through which Users connect to the Website, including rejection of e-mails sent by mail servers, e.g. result of spam filters, blocks or failures.

5. The Service Provider’s liability towards the User is in each case limited to the amount of the fee that the User pays to the Service Provider for the provision of the Service.

6. The Service Provider reserves the right to temporarily discontinue the provision of Services in the event of a failure or technical modernization of the Website.

§13. Changes to the Regulations

1. The Service Provider reserves the right to change the Regulations.

2. The Regulations may be changed in particular in the event of technological or organizational changes in the operation of the Website, or the need to adapt the operation of the Website and the provisions of the Regulations to new legal provisions.

3. Temporary and permanent changes to the price list do not result in changes to the Regulations.

4. The Service Provider notifies Users about changes to the Regulations by making the content of the new Regulations available on the Website and through a notification available directly on the account of registered Users. The User’s use of the Website after introducing changes to the Regulations is tantamount to accepting the changes.

§14. Support and technical assistance

1. The support and technical assistance service is available to Users from 9 a.m. to 5 p.m. on business days.

2. The response time to irregularities in the operation of the Website reported by the User is one business day. Errors will be corrected immediately in the order of their severity.

§15. Dispute resolution

1. The law applicable to the Agreement between the User and the Service Provider, the subject of which are the Services provided by the Service Provider as part of the Website under the terms specified in the Regulations, is Polish law.

2. All disputes related to the Services provided by the Service Provider within the Website will be resolved by Polish common courts having jurisdiction over the seat of the Service Provider.