TERMS AND CONDITIONS
FOR THE ELECTRONIC PROVISION OF SERVICES
WWW.PROVENTY.COM
§ 1.
Definitions
For the purposes of these Regulations, the terms contained herein will have the following meanings:
Personal Data Controller – Proventy. We obtain your data in connection with the use of our Website;
Civil Code – Act of April 23, 1964, Civil Code (consolidated text: Journal of Laws of 2022, item 1360, as amended);
Proventy, the Website Owner or Service Provider – Malgorzata Blachuta, running a business under the name Proventy Malgorzata Blachuta based in Cracow, Jakuba Bojki 14/54, NIP: 6881248357, REGON: 526179492;
Privacy Policy – a document specifying the principles of collecting, processing, storing and protecting the User’s personal data, the function and purpose of the software entered into the IT system used by the User and the risks related to the use of the Service;
Regulations – this document specifying the rules for the use of services by Users within the Website and the conditions for the provision of Services by the Website Owner to Users;
Website – an Internet portal located at the following internet address: www.proventy.com. The Website is an internet platform constituting a compilation of various types of internet services, enabling Users to use the Website’s resources relating to the insurance market, as well as providing other services to Users electronically;
Services – providing substantive content, enabling the User to use the functionality of the Website appropriate to the User’s role;
Uśude – Act of July 18, 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2020, item 344, as amended);
Agreement – an agreement between Proventy and the User for the provision of electronic services in the form of using the Website;
User – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the resources and Services made available Offline or on the Website.
§ 2.
General provisions
The Regulations were issued by Proventy, which is the administrator of the Website.
The Service Provider reserves the right to change the functionality of the Website at any time, expand it with new functions and facilities for the User, as well as change the existing functionalities.
The Service Provider reserves the right to change the scope of the Services provided and to add and remove Services.
All electronic correspondence regarding the functioning of the Website should be sent to the e-mail address: contact@proventy.com.
The Regulations specify the conditions under which Proventy provides the possibility of using the Website by Users via the Internet.
The Regulations constitute the fulfillment of the obligation referred to in Art. 8 section 1 point 1 Uśude.
Each User is obliged to read the Regulations before using the Services available via the Website. The use of the Website by the User constitutes acceptance of all provisions of the Regulations and the User’s obligation to comply with them, thereby concluding an Agreement with the Website Owner.
The Regulations are made available free of charge on the website www.proventy.com in a form enabling free recording, storage and reproduction by the User using the Website. The content contained in the Regulations may be recorded and reproduced by the User using any technique on any media for purposes related to the use of the Website and the Services provided therein.
§ 3.
Conclusion and termination of the contract for the provision of Services
The Regulations and the Privacy Policy constitute an integral part of the Agreement concluded by the Service Provider with the User. Starting to use the Services available on the Website available at www.proventy.com must be preceded by full acceptance of the provisions of the Regulations, which involves concluding an Agreement for the provision of these Services electronically without the need to prepare a separate agreement. The contract is concluded for the duration of the User’s use of the Website’s resources.
If the User stops using the Website’s resources, the Service Agreement is terminated.
§ 4.
Rules for providing Services
Electronic services using the Website are provided on a continuous basis, i.e. 24 hours a day, 7 days a week.
The User does not incur any costs for using the Website other than the connection fee (using the Internet).
When using the Website, the User is obliged to provide the following data truthfully: name, surname, telephone number, e-mail address.
In the event of a change in any of the data referred to in section 3 above, the User is obliged to immediately inform about the changes.
There may be interruptions in the proper operation of the Website due to technical reasons, in particular resulting from the need to repair or maintain the Website, as well as related to the need to create backup copies or process collected data. Users will be notified about a planned break in the operation of the Website by displaying an appropriate message on the Website.
The Service Provider makes every effort to ensure continuous and full availability of the Website at all times, but does not guarantee it and is not responsible for its availability. The Website Owner in particular does not guarantee the proper functioning of the Website if the User uses hardware and software that does not meet the technical requirements specified in the Regulations. The provision of the service may also be interrupted in the event of inadequate connection quality, damage or defects in telecommunications equipment, power systems, computer equipment, failure of the telecommunications network or power outages, interruption of the connection during the transaction or any action of third parties during the transaction.
The Website Owner has the right to block access to the Website in the event of irregularities in the use of the Website (including: violation of the Regulations), in particular the occurrence of circumstances that could pose a risk to the User or the Website Owner. The Website Owner is not responsible for temporarily suspending access to the Website for the period necessary to remove any threats or irregularities.
Actions that may hinder or destabilize the operation of the Website are unacceptable. If the User is suspected of committing such actions, the Website Owner has the right to take appropriate actions, including removing the effects of such actions. The User’s actions involving an attempt to destabilize the Website constitute a prohibited act under applicable law. In such a situation, the Website Owner is entitled to take appropriate actions, including: aimed at redressing the damage suffered.
The User is prohibited from providing illegal or offensive content to the Website, as well as from taking actions that are inconsistent with the Regulations or that may cause disruptions or damage to the Website. The Service Provider is not responsible for the User’s use of the Website in a manner inconsistent with the provisions of the Regulations.
The User is obliged to refrain from any actions that would violate the privacy of other Users, primarily consisting of collecting, processing and disseminating information about other Users without justifying the grounds for data processing.
The User is obliged to refrain from any actions that could hinder or disrupt the functioning of the Website and actions to the detriment of the Website Owner, Users and other entities.
The User is obliged to comply with the principles of social coexistence and ethical and moral standards adopted in society.
§ 5.
Intellectual property rights
The Website Owner declares that the Website contains documents protected by copyright, trademarks and other intangible assets protected by intellectual property rights. The selection and arrangement of the content presented on the Website is an independent subject of copyright protection.
When using the Website, the User is obliged to comply with the provisions regarding copyrights and rights arising from the registration of industrial designs and protection rights to trademarks, utility models and rights from patents to inventions of the Service Provider and other entities.
Copyrights to resources published on the Website belong to the Service Provider.
The User is obliged not to use any content presented on the Website beyond the scope of their own personal use. In order to avoid any doubts, the use and disposal of this content beyond the scope of permitted personal use requires the prior consent of the Website Owner.
§ 6.
Technical conditions for the provision of Services
In order to properly use the services provided electronically via the Website, the User should have computer hardware and software that meets the following minimum requirements:
- Safari Technology Preview browser version at least 151, FireFox version at least 103.0.2, Chrome version at least 89.0.4447.83, Edge version at least 103.1264.53;
- cookies and JavaScript enabled;
- minimum monitor resolution 1920×1080.
Data sent using electronic forms on the Website are protected by the use of a secure Secure Socket Layer (SSL) protocol, encrypted using a 256-bit key based on the TLS 1.2 encryption method.
Cookies are introduced into the IT system used by the User after obtaining their acceptance for identification purposes and to increase the comfort of using the Website.
§ 7.
Liability rules
The Service Provider is not responsible for the User’s provision of incomplete and incorrect data on the Website, as it is impossible to verify them. The User bears the consequences of such action.
The User is liable in particular towards third parties whose data were posted on the Website form by the User without their knowledge or consent.
The Service Provider is only responsible for its own content posted on the Website.
The information posted by the Service Provider is updated on an ongoing basis and prepared carefully, however, the Service Provider does not provide any guarantee for the correctness, timeliness, completeness and constant availability of the Website.
The Website Owner reserves the right to change the content of the Website, supplement it, shorten the content or eliminate the Website.
The Website may contain links to the Internet addresses of third parties, the content of which the Website Owner has no influence on. The operator is solely responsible for the content found at linked addresses.
The Service Provider is not responsible for incorrect completion of the Website forms by the User, and in particular is not liable to third parties whose data were included in the Website form without their knowledge and consent (including: in the scope of making a decision in an individual case).
Subject to the limitations resulting from mandatory provisions of law, the Service Provider is not liable for damages arising in connection with the Website, its use or inability to use it by the User or in connection with improper operation, errors, omissions, disruptions, defects, delays in operation or transmission, computer virus, line or system failure.
The User is prohibited from providing illegal, offensive content, false or misleading content, content containing viruses or content that may cause disruption or damage to computer systems. If the Service Provider receives reliable information about the unlawful nature of the stored data provided by the User, the Service Provider may prevent access to this data. The Service Provider will not be liable to the User for any damage resulting from preventing access to data with illegal content. If reliable information about the illegal nature of the data is obtained, the Service Provider will notify the User of its intention to prevent access to the data.
If the Service Provider suffers damage as a result of the User providing the content and data referred to above, the Service Provider will be entitled to claim compensation on general terms.
§ 8.
Complaint procedure
The Website User has the right to submit complaints regarding matters related to the Services offered on the Website. All complaints regarding the use of the Website should be submitted electronically to the following address: contact@proventy.com.
The complaint should contain at least: the User’s name (including name, surname, e-mail address, correspondence address, and in the case of legal persons and organizational units without legal personality, name, correspondence address and details of the person authorized to handle matters related to the submitted complaint) and a concise presentation of the basis for the complaint.
The Service Provider will consider the complaint within 14 days of receiving it. If the complaint cannot be considered within this period, the Service Provider will notify the complainant about the reasons for the delay and the expected date for considering the complaint.
A response to the complaint is sent to the e-mail address provided by the User.
§ 9.
Final Provisions
The Service Provider reserves the exclusive right to interpret the content of the Regulations.
The law applicable to the Regulations and to contracts for the provision of electronic services concluded on their basis is Polish law.
The court competent to resolve disputes arising in connection with the application of the Regulations or arising in connection with services provided electronically on the basis thereof is the court of general jurisdiction.
Polish or English is used in relations with the User.
§ 10.
Effective date and changes to the Regulations
The current version of the Regulations is effective from 01 January 2024.
The Website Owner reserves the right to change the Regulations at any time. Each change to the Regulations will be posted and publicly available on the Website, along with maintaining the archived content of the previous wording of the Regulations. A change to the Regulations may not violate any rights acquired by the User under the previous wording of the Regulations.
In the event of concluding continuous contracts on the basis of the Regulations, the amended Regulations are binding on the User if the requirements specified in Art. 384 and 384(1) of the Civil Code, i.e. the User was properly notified of the changes and did not terminate the Agreement within 14 calendar days from the date of notification. If a change to the Regulations results in the introduction of any fees or an increase in existing ones, the User who is a consumer has the right to withdraw from the Agreement.
If contracts of a different nature than continuous contracts are concluded on the basis of the Regulations, amendments to the Regulations will not in any way violate the rights acquired by Users who are consumers before the date of entry into force of the amendments to the Regulations, in particular, changes to the Regulations will not affect the concluded, implemented or performed contracts.