TERMS AND CONDITIONS OF ONLINE APPLICATION AND SERVICE: WORKSMILE.COM A GAMIFYING SOCIAL PLATFORM INTRODUCING SPORT INTO THE USER’S DAILY LIFE
Thank you for visiting the website of our application and online service made available under the internet address http://worksmile.com/en/ (“Worksmile”, “Online Service”).
Worksmile is an innovative gamifying platform addressed to the following group of service recipients: business owners, associations, public entities and other organizations as well as their users.
Worksmile makes it possible to introduce sport and healthy lifestyle into users’ everyday lives. Worksmile’s mission is to integrate and motivate users to lead an active lifestyle by building a community at a given company or organization, to organize sporting events based on healthy competition and to set a common goal, all in the spirit of good fun.
The formula of these Terms and Conditions is intended to define the general terms and conditions of using the www.fitqbe.com Application and Online Service. These terms and conditions regulate, in particular, the rules of using the Application and Online Service, including issues relating to our liability, in the event where a service recipient makes the decision to use Worksmile.
We invite you to read these Terms and Conditions,
1. ABOUT US
The owner of the Online Service is Fitqbe Spółka z ograniczoną odpowiedzialnością (LLC) with headquarters in Warsaw (address: ul. Żelazna 59A lok. 6.5, 00-848 Warsaw), registered in the business register of the National Court Register (KRS) kept by the District Court for the capital city of Warsaw in Warsaw, 12th Economic Department of the National Court Register under number KRS: 0000605281, initial capital: PLN 14.100,00, NIP (Taxpayer ID No.): 5272761750, REGON: 363874982, e-mail address: email@example.com (“Service Provider”).
1. The definitions used in these Terms and Conditions have the following meaning:
a. SUBSCRIPTION – paid access to the Application.
b. APPLICATION, WORKSMILE APPLICATION – an electronic service available in the Online Service; an electronic platform available through the Online Service enabling, among other things, creation of a virtual, internal company (social) network by Users of a given Administrator, integration with accounts of Users in other online services and applications (particularly social, fitness and nutrition services and applications), registration of Users’ activities (e.g. running, cycling), creation of internal events, competitions for Users with the capability of tracking results and awarding Points for achievements, virtual trophies and badges or other rewards, as well as allowing Points to be exchanged for certain products or services or the purchase of such products or services under the terms set out by FITQBE. A detailed description of the functionalities and services available within the Application and other online services and applications that may be integrated with the Application is given in the Documentation.
c. DOCUMENTATION – description of functionalities in the Application, functioning and components of the Online Service and Application, available on the website of the Online Service.
d. CIVIL CODE – the Act of 23 April 1964 Civil Code.
e. ADMINISTRATOR’S ACCOUNT – an electronic account on the Online Service enabling the Administrator to access the Application and manage it after purchasing a Subscription. The electronic account is part of the Application, designated by an individual electronic mail address (e-mail address) and password, and constitutes the set of resources and functionalities available in the Service Provider’s teleinformatic system, in which data given by the Administrator and Users are gathered along with information about their actions in the Application. The Administrator’s Account is created for the Administrator by the Service Provider after signing by the Service Provider and Administrator of a separate agreement for use of the Application under the terms defined therein.
f. USER ACCOUNT – an electronic
account in the Online Service, constituting a subaccount of the Administrator’s
Account, created by the Administrator for a given User in the Application,
enabling the User to use the Application within the scope defined by the
Administrator and according to the Documentation.
A User Account can have different rights defined by the Administrator (ordinary or moderating User Account – the detailed scope of rights and functionalities of individual types of User Accounts is specified in the Documentation).
g. ADMINISTRATOR – a natural person with full legal capacity; (2) legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – being a party to the contract for the use of the Application concluded with the Service Provider. The administrator can only be an entity that is not a consumer, that is: (1) a natural person with full legal capacity, for whom the use of the Application and the Website is directly related to his business or professional activity; (2) legal person; or (3) an organizational unit without legal personality, which the law attributes to legal capacity.
h. USER – A Administrator or their employee / co-worker who uses the Application with the Administrator’s consent within the framework of the User Account created for them.
i. NEWSLETTER – electronic distribution service rendered by the Service Provider via e-mail, which allows all users of the Service to automatically receive from the Service the cyclical content of subsequent editions of the newsletter containing information about new products in the Application and the Website.
j. NOTIFICATIONS – an electronic distribution service rendered by the Service Provider via electronic mail (e-mail), which enables all Service Recipients using the Application to automatically receive from the Service Provider periodical content containing news (including about new functionalities) about the Application and Online Service.
k. COPYRIGHT – Act of February 4, 1994 on copyright and related rights.
l. POINTS – points awarded to a User using the Application for the User’s activity (burnt calories), participation and achievement of results in internal events and competitions organized in the Application under the terms defined by the Administrator. Virtual points can be exchanged for sponsored prizes and prizes selected by the Administrator under the terms defined by them or exchange for the Services offered by the Service Provider under Benefits. A User may also receive Points for participating in events organized by the Service Provider – if so, virtual points can be exchanged for prizes sponsored and selected by the Service Provider under the terms specified by it. Points collected by a User are also grounds for placing the User in the appropriate place in the ranking.
m. TERMS AND CONDITIONS – these terms and conditions of using the Application and Online Service.
n. ONLINE SERVICE, SERVICE, WORKSMILE – the Service Provider’s online service, available at the internet address http://worksmile.com and its subdomains.
o. BENEFITS – a tool available as part of the Application (as an additional service) to manage non-pay services specified by the Administrator, enabling the User to choose Services and to pay for them within the budget provided by the Administrator, through Points or from their own funds, as well as other functions indicated in Benefits.
p. ELECTRONIC SERVICE – a service rendered by electronic means by the Service Provider for a Service Recipient via the Online Service in accordance with the Terms and Conditions.
r. ACT ON CONSUMER RIGHTS, ACT – Act of 30 May 2014 on consumer rights.
s. SERVICES – various types of products or services available at Benefits, offered by the Service Provider, Partners or by the Administrator.
t. PARTNER – (1) a natural person with full legal capacity; (2) legal person; or (3) an organizational unit without legal personality, to which the Act grants legal capacity, cooperating with the Service Provider with which such person / entity has concluded an agreement entitling him to offer his services and accept payments made through Benefits.
1. Worksmile is an innovative gamifying platform addressed to the following group of Service Recipients: business owners, associations, public entities and other organizations as well as their Users. Worksmile makes it possible for Administrators to introduce sport and healthy lifestyle into the everyday lives of their Users via the Application. The purpose of the Application is integration, building communities and motivating users to lead an active lifestyle through the organization, using the Application, of sporting events based on healthy competition or setting a common goal, all in the spirit of good fun.
2. The User is obligated to use Worksmile and the Application in a manner consistent with their purpose, with the Documentation, with these Terms and Conditions, as well as in a manner consistent with the law and good manners, with consideration of and respect for personality rights, personal data as well as copyrights and intellectual property rights of the Service Provider, other Service Recipients and third parties. The Service Recipient is bound by a prohibition of providing content of an illegal nature, contrary to generally accepted social norms or defying good customs.
4. USE OF ELECTRONIC SERVICES BY THE ADMINISTRATOR
1. Any User can use the Online Service under the Terms and Conditions, with the reservation that certain Electronic Services are addressed only to a specific category of Service Recipients, e.g. only an Administrator may be party to an agreement on use of the Application.
2. The User may use the following Services in the Online Service:
3. Use of the Application is subject to a fee and takes place only after the Service Provider and Administrator have signed a separate agreement for use of the Application under the terms defined therein – this agreement is signed outside of the Online Service and defines, among other things, the detailed terms of using the Application, including the amount of the Subscription fee and the method of its payment by the Administrator, the number of Users under the Administrator who have access to the Application, as well as the period of use of the Application. Access to the Application is only possible after the Administrator pays the Subscription fee for the period defined according to a separate agreement with the Administrator.
4. Use of Notifications and the Newsletter is free of charge and possible after the User expresses their consent to receiving Notifications or the Newsletter by providing the electronic mail (e-mail) address (this can also be done in the tab concerning Notifications and the Newsletter on the webiste of the Online Service) to which messages from the Service Provider are to be sent. The Service Recipient is able, at any time and without specifying a reason, to opt out of the Newsletter by sending the relevant request to the Service Provider or using the “Privacy” panel in the Application, particularly via electronic mail to the address: firstname.lastname@example.org or in writing to the address: ul. Żelazna 59A lok. 6.5, 00-848 Warsaw. Opting out of the Newsletter is also possible by clicking the link enabling opt-out given in every message sent as part of the Newsletter service.
5. TERMS OF ADDING AND REMOVING A USER ACCOUNT
2. A User Account enables the User to use the Application within the scope defined by the Administrator and in accordance with the Documentation. A User Account can have different rights defined by the Administrator – ordinary or moderating User Account – the detailed scope of rights and functionalities of individual types of User Accounts is specified in the Documentation.
3. Registration of a User Account is possible only after the Service
Provider and Administrator have signed
a separate agreement on use of the Application.
4. Registration of a User Account may be done independently by the User in two ways:
a. without additional verification by the Administrator – registration of the User Account is done using an electronic mail address in the domain assigned by the Administrator to their Administrator Account (e.g. company domain). After registering the User Account using such an electronic mail address, it is automatically assigned to the Administrator Account in the Application.
b. with additional verification by the Administrator – registration of the User Account is done using the registration form available on the subdomain of the Application created in the Online Service for the given Administrator. In this case, registration may take place with the User providing any electronic mail address, however this requires its verification and approval by the Administrator.
5. The User’s Account in the Application is closed by the Administrator in the event of termination of the employment / cooperation between the Administrator and the User or in other cases provided for by the Company’s internal rules. In some cases, provided for by the internal rules of the Company, the User’s Account may be active for some time after the termination of the employment / cooperation, so that the User is able to distribute the unused budget granted to him by the Company.
6. A detailed description of functionalities and services (including the Benefits) is available through a User Account in the Application and is given in the Documentation.
6. CAFETERIA SYSTEM AND BENEFITS
6.1. General part
1. All Users can use Benefits. The level of access of individual Users to Electronic Services available through Benefits is determined by a separate agreement on the use of the Application concluded by the Service Provider and the Administrator.
2. As part of Benefits, Users have the option of purchasing Services for a fee in the manner described in these Terms and Conditions. In addition, the Administrators are granted the scope of rights indicated in point 6.4.
3. To choose and pay for the Services:
- check the selected Service,
- if it is necessary in the process of selecting a given Service – fill in the form that appears,
- provide the source of payment – the method of payment for a given Service,
- confirm the payment by clicking the “Pay” button. In the case of making a full or partial payment – by card or e-transfer, the User will be redirected to the PayU S.A. authorization platform, and the Benefits transaction will only be carried out with a positive authorization process in the PayU platform.
4. After making the payment, the User will receive a confirmation of payment, code, voucher or other document authorizing him to use the acquired Service.
5. Service Providers available at Benefits can be:
a. Partners with whom Fitqbe Sp. z o.o. has a signed acceptance agreement through Benefits,
b. Fitqbe Sp. z o.o., who is a seller for a portion of the Service,
6. Detailed rules for paying / purchasing Service in Benefits and the rules for their implementation are described in Benefits, by the description of the given Service.
1. The purchase of Services available at Benefits is possible through the following payment methods:
a. distribution of the budget granted to the User by the Administrator,
b. exchange of Points for Services,
c. own payment of Services by the User – own payment by a quick online transfer (PayU) or card payment (PayU)
d. combination of the above-mentioned Service payment methods on terms specified in the terms of acquiring a given benefit.
2. Each payment made by Points / funds provided by the Administrator reduces the available budget by the amount of the payment.
3. In the case of payment for the Service, in whole or in part, by a quick online transfer or card payment by clicking on the “Pay” button, the User will be transferred to the PayU SA platform (allowing secure online payments.) How the PayU SA platform works and how to make the payment is defined in the regulations PayU SA platform.
4. In the case when the User, in one payment, implements the payment by Points with his own funds by fast online transfer or by a card payment, then Benefits, for the time of authorization in the PayU S.A. platform, temporarily blocks the designated Points. They are finally collected when the payment is correctly authorized by PayU S.A . If the transaction in PayU S.A. is not completed, the system will automatically unblock Points that are restored (re-credited) to the appropriate pool of Points.
6.3 Withdrawal from the Service sales Agreement
1. Users who are consumers may withdraw from the Service sales agreement within 14 days of its purchase without giving any reason, subject to paragraph 6 below. In case of doubts, the date of concluding the above-mentioned sales agreement is the date of payment in the System / purchase of the Services.
2. To withdraw from the Agreement the User must sent signed, either personally or with a qualified electronic signature, statement of withdrawal to the address email@example.com. The template of the statement is Annex 2 to the Act on consumer rights.
3. Withdrawal from the Agreement is possible only if the Service has not yet been used and when the deadline by which the given Service could have been used has not expired.
4. Withdrawal from the sales Agreement is also not possible in the cases described in art. 38 of the Act on consumer rights.
5. In the event of withdrawal from the Agreement, the funds are returned to the User:
a. to the bank account – in the case of payment by a fast online transfer (PayU)
b. to the card – in the case of card payment (PayU)
c. in the form of return of Points in Benefits – in the case when the canceled payment was made with Points
6. By the description of each Service at Benefits, there is information about the possibilities and rules related to the cancellation / return of the Service.
7. In the case of any obstacles in the implementation of the Service purchased by Benefits that occurred on the part of the Partner or the Service Provider that could not be predicted at the time of its purchase, the Service Provider will return the funds deposited by the User in a manner consistent with the provisions of paragraph 5 above.
8. To the extent described in paragraph 6.3, the provisions of paragraph 9 do not apply.
6.4 Administrator rights within Benefits
1. As part of Benefits, the Service Provider allows the Administrator to access the platform for managing employee benefits. Using it, the Administrator can, among others manage budgets, manage Administrator benefits, manage the accessibility of Services by indicating which Partners can be used by Users being employees / associates of the Administrator, generate reports and make other settings available under Benefits.
2. The use of Benefits by the Administrators is paid.
3. The Administrator’s rights under Benefits can be used only by Administrators who have entered into an agreement with the Service Provider to use Benefits or who have obtained the right to use Benefits on the basis of other arrangements with the Service Provider.
4. The administrator bears sole responsibility for the content published or otherwise generated via Benefits, as well as for the selection of specific benefits / services. The Service Provider is not responsible for such activities of the Administrator.
5. The Service Provider is not responsible for the availability of funds / benefits / Points and other services made available via Benefits by the Administrator.
6. The Service Provider has the right to suspend Administrator’s access to Benefits if the Administrator is in arrears with payments for using the Application or Benefits for a period of at least 30 days, after prior call for payment.
6.5 Complaints concerning Services
1. The Service Provider shall not be liable to Users and persons accompanying them for the quality of Partner Services, nor for any damages (including harms) incurred in connection with the use of such Services.
2. Complaints about purchased Services should be submitted by the Users in accordance with the terms of the Services applied by a specific Partner.
7. CONTACT WITH SERVICE PROVIDER
The form of running communication with Service Recipients is electronic mail (e-mail: firstname.lastname@example.org) and traditional mail (ul. Żelazna 59A lok. 6.5, 00-848 Warsaw), by means of which the Service Recipient exchanges information about their use of Worksmile with us.
8. COMPLAINTS CONCERNING THE ONLINE SERVICE
1. Complaints related to the functioning of the Application and Online Service can be filed by the Service Recipient via electronic mail (e-mail), among other methods, to the address: email@example.com or in writing to the address: ul. Żelazna 59A lok. 6.5, 00-848 Warsaw.
2. The Service Provider recommends specifying the following in the description of a claim: (1) information and circumstances concerning the subject of the complaint, particularly the type and date of occurrence of the irregularity; (2) your complaint; and (3) contact data of the person filing the complaint – this will facilitate and accelerate consideration of the complaint by the Service Provider. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of a complaint filed with omission of the recommended complaint description.
3. The Service Provider will make its position known with regard to a complaint without delay, no later than 14 calendar days from the date on which the complaint is filed.
9. WITHDRAWAL FROM CONTRACT
1. This section of the Terms and Conditions is applicable only to Service Recipients being consumers and pertains to contracts signed between them and the Service Provider.
2. The consumer is not entitled to the right of withdrawal from the following contracts signed remotely: (1) for rendering of services, if the Service Provider has performed the service in full with the consumer’s clear consent, with the consumer being informed prior to the start of rendering of the service that they would lose the right to withdraw from the contract after performance of rendering by the Seller; (2) in which the subject of services rendered is a non-prefabricated thing, produced according to the consumer’s specifications or serving to satisfy their individualized needs; (4) for provision of digital content not saved on a material carrier, if rendering of service began with the consumer’s clear consent prior to expiration of the period during which withdrawal from the contract is permitted and after the consumer had been informed by the Seller of loss of the right to withdraw from the contract.
3. With the reservation of section 8 par. 2 of the Terms and Conditions, a consumer who has concluded a contract remotely may withdraw from it without giving a cause and without incurring expenses within 14 days from the date of conclusion.
4. To keep the deadline for withdrawal from contract, it is sufficient to send a declaration prior to its expiration. The declaration on withdrawal from contract can be submitted in writing to the address: ul. Żelazna 59A lok. 6.5, 00-848 Warsaw or in electronic form via electronic mail to the address: firstname.lastname@example.org
5. The period for withdrawal from contract begins running on the date on which the contract is concluded with the User.
10. NON-JUDICIAL METHODS OF CONSIDERING COMPLAINTS AND PURSUSING CLAIMS
1. This section of the Terms and Conditions applies solely to Clients who are consumers.
2. Detailed information about the possibility of undertaking non-judicial methods of considering a complaint and pursuing claims by a buyer being a consumer as well as the rules of access to these procedures are available at the registered offices and website of poviat (city) consumer advocates, social organizations whose statutory tasks include consumer protection, Voivodeship Commercial Inspectorates, as well as at the following internet addresses of the Office of Competition and Consumer Protection:
3. A consumer may also receive free assistance with regard to resolving a dispute by taking advantage of the free assistance of the poviat (city) consumer advocate or social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers).
4. The online platform of the system of dispute resolution between consumers and enterprises at the EU level (ODR platform) is available at the address http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multi-lingual website offering a point of comprehensive support for consumers and enterprises pursuing non-judicial resolution of a dispute concerning contractual obligations arising from an online sale contract or contract for rendering of services.
1. Copyrights and intellectual property rights to the Online Service and the Application as a whole, as well as to its individual components, including content, graphics, works, patterns and marks available in it, belong to the Service Provider or other authorized third parties and are subject to Copyright protection and other generally applicable laws. Protection granted to the Online Service and Application covers all forms of their expression.
2. The Online Service and Application are to be treated similarly to any other work subject to copyright protection. The Service Recipient does not have the right to copy the Online Service, Application or Documentation, with the exception of cases permitted by the provisions of strictly binding laws. The Service Recipient also assumes the obligation not to modify, adapt, translate, decode, decompile, disassemble or attempt to identify the source code of the Online Service or Application in any other way, with the exception of cases permitted by the provisions of strictly applicable laws.
3. The Service Provider’s trademarks and those of third parties are to be used in accordance with binding laws.
4. A Service Recipient using the Online Service and Application does not receive any copyrights to the Online Service or Application. Service Recipients and Users are granted – under these Terms and Conditions and under a separate contract for use of the Application – only a remunerative, inalienable and non-exclusive license entitling them to use the Online Service and Application according to their purpose, the Documentation, these Terms and Conditions, the separate contract for use of the Application and consistently with the law and good manners, with consideration and respect for personality rights, personal data as well as for the copyrights and intellectual property rights of the Service Provider, other Service Recipients and Users, as well as persons and third parties.
5. The license is granted at the time when the Subscription fee is paid for a specified time – according to the paid Subscription fee. The amount of the Subscription fee and its period are agreed upon between the Service Provider and Service Recipient in a separate contract for use of the Application.
12. PROVISIONS CONCERNING COMPANIES
1. This section of the Terms and Conditions applies solely to Service Recipients who are not consumers.
2. The Service Provider is liable towards a Service Recipient not being a consumer, regardless of the legal grounds of such liability, solely up to the amount of the most recently paid Subscription fee, and in the case of its absence, up to the amount of PLN 1,000.00 (one thousand Polish zlotys). The Service Provider is liable towards a Service Recipient not being a consumer solely for actual damage sustained by the Service Recipient, excepting lost benefits.
3. The Service Provider is not liable towards a Service Recipient not being a consumer for damage and failure to perform obligations due to forces majeures or any other reasons beyond the Service Provider’s control.
13. FINAL PROVISIONS
1. These Terms and Conditions and contracts signed in relation to use of the Application and Website are subject to Polish law.
2. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes of the law; addition of new Services – in the scope in which such changes affect performance of the provisions of these Terms and Conditions. The changed Terms and Conditions are binding to the Service Recipient if they have been properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notice. In the case where a change of the Terms and Conditions would result in the introduction of any new fees or an increase in existing fees, a Service Recipient being a consumer has the right to withdraw from the contract.
Thank you for your careful reading!
If you have any questions, we are always at your disposal – please contact us.
invite you to collaborate with us,
The Worksmile Team