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Terms and conditions

Payfor.it - Terms of Use EFFECTIVE DATE: January 14, 2013 PLEASE READ THE FOLLOWING TERMS OF USE THOROUGHLY. BY ACCESSING OR USING THE SITE AND/OR SERVICES AVAILABLE THROUGH THE SITE (AS DEFINIED BELOW), YOU HEREBY AGREE TO BE BOUND CONTRACTUALLY BY AND FIRMLY ADHERE TO THESE TERMS OF USE, AS IT MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS THE SITE AND USE ANY OF THE SERVICES.

General Provisions

  1. The capitalized terms used in these Terms of Use shall have the following meaning:
    1. Provider – an entity providing access to the Site and Services available through the Site, that is Red Sky Sp. z o.o., a company duly incorporated under the laws of Poland, with its registered office in Szczecin, at Aleja Piastów 22, Szczecin 71-064, Poland, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Szczecin-Centrum in Szczecin, XIII Commercial Department of the National Court Register, with KRS number 0000209107, NIP (tax identification number): 6422683651 and REGON (national business registry number): 276822679, amount of the share capital of PLN 1,046,000.00 covered in whole.
    2. Contact Form – an electronic document placed on the Site, dedicated to contact with the Provider.
    3. Register Form – an electronic document placed on the Site, dedicated for registering User’s Account in the Site.
    4. Services – the payment services available through the Site in accordance with these Terms of Use, which allow Users to make online low value Payments.
    5. Terms of Use – this document, specifying the terms and conditions of the use of the Site and Services as well as the rights and obligations of Users and the Provider. The Terms of Use constitute a binding agreement between a User and the Provider, with respect to the User’s use of the Site and Services.
    6. User – an individual who has reached the age of majority in his/her jurisdiction of residence at the time when accessing/using the Site or Services and who DOES NOT RESIDE WITHIN JURISDICTION WHERE SERVICES ARE RESTRICTED OR PROHIBITED BY APPLICABLE LAW.
    7. Site – Payfor.it website, accessible under the URL: http://payfor.it/, and all associated sites linked to the Site, which are operated by the Provider.
    8. Business day – a day on which banks are open for general banking business in Warsaw, Poland, except for Saturdays, Sundays and national public holidays.
    9. Card – a credit card designated by its issuer as a Visa or MasterCard card (or a card of another payment processor) of which a User is the cardholder.
    10. Card Payment – a Payment involving the use of the User’s Card.
    11. Chargeback – a reversal Payment because the issuer of the Card has, or a User has, disputed the Card transaction.
    12. Password – the password which a User initially sets up upon registering in the Site (and which the User can change) to enable the User to access Services.
    13. PIN – a number which a User initially sets up upon registering in the Site (and which the User can change) used by a User to authorize all Payments higher than USD 2.
    14. Account – the User’s account established by a User as an accounting record of his/her use of Services.
    15. Payment – a transfer of funds from a User, to a Seller or from a Buyer, to a User, using Services which includes stored value Payments and a Card Payment.
    16. Prohibited content – online gambling content, pornographic content and any other content notified by the Provider as Prohibited content.
    17. Sales transaction – a transaction for the provision of services or goods by a Seller or a Buyer.
    18. Seller – a merchant who, by a separate agreement with the Provider, agrees to accept online Payments made using Services in connection with a Sales transaction and whose website makes it known that Payments can be made using Services.
    19. Buyer - a merchant and/or a User who made Payments using Services in connection with a purchase transaction.
    20. Unauthorised Payment – a Payment which is made as the result of a person using User’s PIN without User’s knowledge or consent.
  2. Pursuant to Article 8 sec. 1 par. 1 of the Polish Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002 No 144, item 1204 as amended) the Provider hereby establishes the following Terms of Use.

Eligibility

  1. The Site and Services are accessible worldwide to Users with Internet access, who reside within the jurisdiction which allows the Site and Services.
  2. Users are responsible for compliance with all applicable laws in jurisdictions where they reside.
  3. By accessing the Site, registering an Account, or using Services, Users automatically agree to be bound contractually by and firmly adhere to these Terms of Use.
  4. Failure to comply with these Terms of Use may result in termination of an agreement between the Provider and a User, as well as in suspension or permanently removal of the User’s Account. Upon such termination, suspension or removal, User’s right to use the Site or Services will immediately cease.

Functionalities

  1. The Site is designed to provide Services only and may not be used for any unlawful purposes or illegal activities (as indicated below).
  2. A User may not use Services offered via the Site while he/she is located in a country, state or jurisdiction that does not allow him/her to use such Services. It is User’s responsibility to ensure that national, state or other applicable laws, court order, administrative decision or any similar regulation to which he/she is subject to do not prevent from using Services offered via the Site.
  3. Within the maximum extent allowed by applicable law, the Provider shall not bear any liability vis-à-vis Users, if Services are interrupted due to problems or activities independent of the Provider as well as due to force majeure.
  4. A User will pay, indemnify and hold the Provider harmless from any and all taxes associated with or arising from User's use of Services, including any fees and interest and any costs associated with the collection or withholding thereof.
  5. The Provider reserves the right to change the Site functionalities at any time, in particular by introducing new services, functionalities and facilities for Users.

Conditions for Using the Site and Services and Rules of Liability

  1. Technical requirements concerning the use of the Site and Services are as follows:
    1. Internet connection;
    2. web browser enabling displaying of hypertext documents (HTML) on a computer screen which are linked with the Internet through a website with activated Java Script execution and writing cookies files; and
    3. valid and active email account.
  2. It is User's responsibility to ensure that the equipment owned by him/her as well as the software used meets the above requirements and allow him/her to use the Site and Services.
  3. Before starting the use of the Site and Services, a User is obliged to familiarize himself/herself with the provisions of these Terms of Use and with the Privacy Policy. Access and use of the Site and Services is equivalent to accepting these Terms of Use and the Privacy Policy.
  4. A User undertakes to respect the Terms of Use while using the Site and Services, both in its current wording and with any later amendments.
  5. A User can hold only one Account. The Account cannot be transferred to third party or used by such a third party.
  6. A User may not allow anyone else to use his/her login details or give them to any third party. If so, the User accepts full responsibility for the consequences of this and agrees to fully indemnify and hold the Provider harmless from any damage or harm that may occur.
  7. A User undertakes to abstain from any actions that could hinder or destabilize the operation of the Site or use of Services. The Provider may, without any previous notice, undertake any action available, inclusive of a demand for compensation, as a response to any malicious activities or any other breach of the applicable law or these Terms of Use. Without limitation, the actions referred to in the previous sentence shall be as follows:
    1. attempts at disturbing or cutting off access to Accounts of other Users or to their computers or Services (DOS, DDOS attacks, DNS spoofing);
    2. phishing, that is falsifying information which permits to identify a User or hiding such information without having first obtaining a written consent;
    3. entering malicious software into the system or onto the computers of the Provider, especially inclusive of viruses, Trojan horses or internet bugs;
    4. unauthorized scanning of the network of other Users in search of security gaps;
    5. unauthorized monitoring of network traffic or other attempts of intercepting information reserved for the Provider or to other Users;
    6. unauthorized attempts at breaking the security of a computer, network or another User’s Account;
    7. pharming, that is the use of malicious software, disturbing the operation of DNS servers or other means aimed at redirecting a User to a website or to another site impersonating the Site in order to gather personal data of the User, Password, PIN, data necessary for logging or other information;
    8. giving unauthorized access to the Account of another User;
    9. taking over IP addresses;
    10. direct or indirect sending, collection, sale or distribution of email addresses for the purposes of sending mass unsolicited correspondence (spam).
  8. Without limiting any other provision in these Terms of Use, a User may not use the Site or Services to do the following or assist others to do the following:
    1. threaten, defame, stalk, abuse or harass other persons or engage in illegal activities;
    2. link to the Site from another website or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or the Provider deems, in its sole discretion, to be otherwise objectionable;
    3. frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Provider and any third party or potentially deprive the Provider of revenue (including, without limitation, revenue from advertising, branding or promotional activities);
    4. violate any person's or entity's legal rights (including, without limitation, intellectual property rights or privacy rights), transmit material that violates or circumvents such rights or remove or alter intellectual property or other legal notices;
    5. interfere with others using the Site or otherwise disrupt the Site or Services;
    6. transmit, collect or access personally identifiable information about other Users without the consent of those Users and the Provider;
    7. engage in unauthorized spidering, "scraping" or harvesting content, contact or other personal information or use any other unauthorized automated means to compile information;
    8. defeat any access controls, access any portion of the Site or Services that the Provider has not authorized User to access (including Password-protected areas), link to Password-protected areas, attempt to access or use another User’s Account or information or allow anyone else to use User's Account or access credentials.
  9. A User is forbidden to use the Site or Services to sell, buy, purchase, acquire or otherwise transmit, transfer or disseminate the Prohibited content, i.e. content, files and materials (pages, graphics, texts, audio and video files, services, etc.):
    1. to which the User holds no copyright or other rights relative to their distribution or publication in the Internet;
    2. containing illegal contents, especially computer piracy, popularizing techniques of breaking data security, viruses and publication of any other materials similar in contents or effect;
    3. containing pornographic contents, or contents of pornographic nature with the participation of children, animals or the use of violence, materials propagating computer piracy and publication of any other materials similar in contents or effect;
    4. that incite ethnic, racial, religious or any other type of hatred and those propagating fascism, Nazism and other criminal ideologies;
    5. flagrantly violating commonly accepted social norms and grossly drastic contents (e.g. presenting scenes of execution, human corpse or other contents).
  10. The Provider shall have the right to monitor any and all transactions made by the User by means of the Site or Services and shall also accept and verify notifications made by third parties, law enforcement authorities or organizations combating Prohibited content, with respect to such materials.
  11. In the event of suspecting that Prohibited content are purchased, acquired or otherwise transmitted, transferred or disseminated by the User by means of the Site or Services, the Provider shall initiate explanatory proceedings aimed at verifying whether such event occurred as well as securing data and objects related thereto.
  12. The Provider is authorized to immediately, without prior notice, terminate an agreement, suspend or permanently remove the Account of the User who breaches these Terms of Use. In such a case the Provider shall not bear any liability vis-à-vis Users. The Provider has the right to determine, in its sole discretion, whether there has been a breach of these Terms of Use through User’s use of the Site or Services.
  13. If User uses a Contact Form, and/or Register Form he/she is obliged to give real information, true to facts of the case.
  14. The Provider undertakes to ensure possibly the highest quality and stability of the Site and Services, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
  15. Within the maximum extent allowed by applicable law, the Provider shall not be liable for temporary inability to use the Site or Services, caused by the implementation of new solutions and facilities within the framework of the Site. As much as possible, the Provider will be notifying Users of any scheduled breaks in the Site operation and Services accessibility or any inconveniences that may occur in its use. The Provider reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site and Services, which may temporarily cause difficulties or make it impossible for Users to use selected Services or the entire Site. In such a case the Provider shall not bear any liability vis-à-vis Users.
  16. In special cases affecting the security or stability of the Site and Services, the Provider reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Users and to conduct maintenance works aimed to reinstate the security and stability of the Site and Services. In such a case the Provider shall not bear any liability vis-à-vis Users.
  17. The Provider shall not bear any liability for the activities of Users or any third parties, contrary to the purpose of the Site and Services operation, specified in these Terms of Use.
  18. Within the maximum extent allowed by applicable law, the Provider shall not bear any liability in case of other Users or third party submitting any claims towards the Provider regarding a breach of the Terms of Use or the law in force, either by other Users or by third party. Only a User or third party being in breach of the law in force shall be liable in such a case.
  19. Within the maximum extent allowed by applicable law and irrespectively of all other provisions of these Terms of Use, in case any third parties submitting claims vis-à-vis Provider, its licensees, sublicensees and their legal successors that result from a User infringing law and in particular any author’s economic copyright or author’s moral copyright, derivative rights, trademark or trade name or other rights in intangible assets, the User shall release the Provider, its licensees, sublicensees and their legal successors from any liabilities resulting from such claims and shall cover all costs incurred by the Provider, its licensees, sublicensees and their legal successors, incurred by these entities in connection with submission of claims, referred to hereinabove.
  20. A User shall, at his/her own cost, join any court proceedings, instituted against the Provider, if the rules of a procedure applying in given proceedings permit it, opposing claims or concluding relevant agreements or assuming liability within the scope in which the claims regard a User infringing business secrets, copyright, trademarks or other intellectual property rights of a third party.
  21. The Provider is not responsible for a failure by a Seller to provide a User with goods or services for which a Payment is made to the Seller using Services and, if the goods or services are provided, is not responsible for their condition, their failure to match their description as sold or any delay in their delivery. A User must lodge any complaint he/she has in respect of the goods or services directly to the Seller.
  22. The Provider is not responsible for any limit which a Seller may impose on the value of a sales transaction the Payment for which can be made using Services.

Moment of Concluding of the Agreement

  1. An agreement for providing access to the Site and Services is concluded upon registration in the Site and simultaneous familiarization with these Terms of Use and Privacy Policy. User cannot access and use the Site and use Services without prior acceptance of these Terms of Use and Privacy Policy.
  2. Registration may be made directly by accessing the Site, filling a Register Form and clicking on “Register” or, indirectly from a Sellers’ website and, having been linked to the Site, filling a Register Form and clicking on “Register”.
  3. Once the registration in the Site is made the Provider will send a User an email. A User needs to check his/her inbox (or SPAM folder) and click the confirmation link included in the message, or copy and paste it into a browser address bar. A User can terminate the agreement for providing access to the Site, effective forthwith, at any time and without stating any reasons by deleting his/her Account. To that aim, the User needs to submit a relevant declaration of intent through the following Contact Form.
  4. A User may stop using the Site at any time.
  5. According to Article 10 sec. 3 par. 5 of the Polish Act of 2 March 2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous product (Journal of Laws of 2000 No 22, item 271 as amended) the User, who concluded an agreement for providing access to the Site and Services, has no right to withdraw from this agreement but has the right to terminate the agreement for providing access to the Site and Services at any time. Termination of Services means, that the Provider is obliged to refund a User all money kept by User in his/her Account.

Account

  1. Each User can have only one Account.
  2. The Account is a virtual Account maintained by the Provider, being an accounting record of the value added to the Account when a User funds the Account, the value transferred from the Account when a User authorizes stored value Payments to be made and the balance. The total of the actual funds, which are reflected in all Users’ Accounts maintained by the Provider, are held in an account with the BRE Bank S.A. in the name of the Provider.
  3. The Account can be credited at any time, through generally accepted payment systems (e.g. DotPay, PayPal, Payza or Credit Card provider).
  4. User may withdraw money from his/her Account at any time. Withdrawals can only be made by bank transfer. The amounts will be paid by the Owner on the national bank account that User provided upon registration or during the transfer request. Payments will be made no earlier than 10 days after the withdrawal request by the User.
  5. Minimal withdraw value is USD 25.
  6. Each withdrawal from the Account will incur a processing fee in the amount of 4% of the withdraw amount, with the minimum amount of USD 1 If an Account balance is lower than the withdrawal processing fee, the withdrawal request will not be completed.
  7. If there is a Chargeback, a User authorizes the Provider to adjust the balance of the User’s Account by debiting the value of the Chargeback against it.
  8. A notice detailing the transactions on the User’s Account and its balance will be available to the User all the time. User must regularly check this notice and inform the Provider immediately of any errors and unauthorized transactions.

Password and PIN

  1. A User is obliged to keep his/her Password and/or PIN secure, not to divulge them to any other person (including family or friends) and to take all steps necessary to prevent any unauthorized use of the Password and/or PIN.
  2. A User is obliged to comply with the following guidelines to guard against unauthorized use of User’s Password and/or PIN:
    1. choose a new Password and/or PIN whenever is asked to do so by the Provider;
    2. when choosing a new Password (6 characters minimum, at least one small letter, at least one capital letter and at least one number required ) and/or PIN (4 characters, numbers only), a User cannot choose the Password and/or PIN which is the same as or similar to the Password and/or PIN used for other purposes;
    3. memorise and not store or record a Password and/or PIN;
    4. take care to ensure when using his/her Password and/or PIN that User is not observed by any person;
    5. make sure he/she has a firewall and current anti-virus technology when accessing the Site and update them regularly;
    6. not to provide his/her Password and/or PIN to anyone claiming to represent the Provider (the Provider will never ask a User by email or by phone to disclose the Password and/or PIN);
    7. review regularly the activity which has occurred in respect of User’s Account, by accessing the Site and going to the “Transaction History” tab.
  3. In case a User suspects that someone else may know his/her Password and/or PIN, that a record of it has been lost or stolen or that there is an Unauthorized Payment recorded in User’s Account notice, the User should contact the Provider by sending email via the Contact Form. User’s email will be treated as a priority and the Provider will respond to this email within 1 Business day.
  4. In case a User is prevented from contacting the Provider, because Services are unavailable, the User will not be liable for any loss (if any) he/she suffers by reason of an Unauthorized Payment which could have been prevented had Services been available, provided that the Provider is notified within a reasonable time of Services becoming available again.

Payments

  1. A Payment can only be made to a Seller and/or by a Buyer and only by accessing respectively the website of the Seller and nominating Services as the means of Payment for an online purchase from the Seller or the Site.
  2. If the Provider is authorized to make a Payment, the Provider will debit or credit User’s Account with the amount of the Payment (stored value Payment).
  3. If the amount of a Payment a User seeks to make exceeds USD 20, or such other threshold as is set and notified by the Provider from time to time, and if the Provider holds User’s Card details, the User may, during the online Payment process be provided with the following option by the Provider: (i) instruct the Provider to debit User’s Account with the amount of the Payment (stored value Payment); or (ii) instruct the Provider to arrange for the Payment to be made by debiting User’s Card account (Card Payment).
  4. A Payment will only be made by the Provider if:
    1. the Payment is authorized using a PIN when, during the online Payment process, a request is made to authorize it;
    2. the Payment is to be made in American dollars;
    3. in the case of a stored value Payment, the amount of the Payment does not exceed the amount which is the lesser of the balance of User’s Account;
    4. in the case of a Card Payment, the amount of the Payment does not exceed the lesser of the credit limit on User’s Card account;
    5. User’s access to the Site has not been cancelled or suspended.
  5. A User agrees not to authorize a Payment in respect of a sales transaction which involves Prohibited content. If the Provider determines that the User has authorized any such a Payment, the Provider will not make the Payment.

Cancelling a Payment

  1. A User agrees that the authorization of a Payment using User’s PIN, whether given by the User or another person, constitutes a valid and irrevocable authority to the Provider to make the Payment and the User agrees that the Provider is under no obligation to investigate the identity, or authority, of the person using User’s PIN.
  2. Once a Payment is authorized using User’s PIN, the Payment cannot be cancelled regardless of any dispute a User may have with the Seller.

Refunding a Payment

If a Seller agrees to provide a User with a refund of an amount paid to the Seller by operation of the Services, the Seller can authorize the Provider to process the refund, by crediting the amount to User’s Account or, if the Payment to the Seller was by Card Payment, by crediting User’s Card account.

Reversing a Payment

  1. The Provider will, in each of the following circumstances, reverse a Payment made to a Seller and credit the amount of the Payment to a User by crediting User’s Account or, if the Payment to the Seller was by Card Payment, by crediting User’s Card account where:
    1. the amount paid did not match the amount the Provider was instructed to pay (incorrect amount);
    2. the amount was in error paid more than once (duplicate processing);
    3. the Provider has evidence that the Seller was involved in, or knowingly permitted, fraudulent activity resulting in the Payment.
  2. Where the Provider reverses a Payment for an incorrect amount, the Provider is authorized by a User to process a Payment to the Seller for the correct amount.
  3. Where the Provider reverses a Payment in accordance with clause 1 above, a User agrees that the Provider assumes User’s rights against the Seller in relation to the Payment which is reversed and may, in its absolute discretion, pursue those rights directly or on User’s behalf. The User agrees to cooperate with the Provider, and provide information if requested by the Provider, in connection with any action which the Provider may take against the Seller in enforcing User’s rights against the Seller.

Fees

  1. A User is required to pay a fee to the Provider while using Services.
  2. Standard fees are as follows:
    1. internal transfer between Users – free;
    2. internal transfers between business Users:
      • for transactions from USD 0,02 to USD 10 – 5% of the amount,
      • for transaction higher than USD 10 – 4% of the amount;
    3. receiving funds by business Users:
      • for transactions from USD 0,02 to USD 10 – 5% of the amount,
      • for transaction higher than USD 10 – 4% of the amount;
    4. withdrawal of funds:
      • 4% of the withdraw amount, no less than USD 1.
  3. If there has been no activity on User’s Account for over 120 days and a User has not asked the Provider for User’s Account to be closed, it will be deemed to be “inactive” and, in that event, the Provider may charge a dormant account fee to be debited from User’s Account. If the Provider decide to charge this fee, the Provider will give a User at least 30 days’ notice of this amount.
  4. Whether a User funds his/her Account by authorizing a Payment from User’ Card account or by arranging through DotPay, PayPal, Payza, etc. or pay anyone Payment, User will be subject to the usual fees and interest, if any, of User’s Card provider or financial institution (as relevant) in connection with those transactions.
  5. If a User authorizes a Card Payment, the User will be subject to the usual fees and interest, if any, charged by User’s Card provider in connection with that transaction.

Unauthorized Payments

  1. A User is not be liable for Unauthorized Payments that occur:
    1. before the User establishes his/her PIN;
    2. after the Provider receives notification that User’s PIN has become known to someone else, or that a record of it has been lost or stolen, or that it has been used without User’s knowledge or consent;
    3. by using an old PIN after that PIN has been changed to a new PIN;
    4. by reason of the fraudulent or negligent conduct of the employees or agents of the Provider, the relevant Seller or persons involved in the electronic network arrangements;
    5. where it is obvious that a User has not contributed to the transaction.
  2. A User will not be liable for any loss caused by the same Payment being incorrectly debited more than once to User’s Account.
  3. A User will be liable for any loss which results from an unauthorized Payment if:
    1. the Provider proves on the balance of probabilities that the User contributes to the loss by a fraud, contravention of the security or User acting with extreme carelessness in failing to protect the security of his/her PIN;
    2. the loss occurs before the User notifies the Provider of the unauthorized use of his/her PIN, that a record of it has been lost or stolen, or that the User has become aware it has become known to someone else;
    3. the Provider proves on the balance of probabilities that the User is unreasonably delayed notifying us of the unauthorized use of his/her PIN, that a record of it has been lost or stolen, or that the User has become aware it has become known to someone else;
    4. the loss occurs between when User became aware (or would reasonable has become aware) of the unauthorized use of his/her PIN, that a record of it has been lost or stolen, or that it has become known to someone else and when the Provider was actually notified.

Limitation of Liability

  1. A User will not be liable for any loss he/she suffers because the Provider’s systems or equipment accept a Payment authorization but fail to complete the Payment. However, if a User is aware that the Provider’s systems or equipment are unavailable for use or are malfunctioning, the Provider will not be liable to the User for any loss he/she may suffer in that event, although the Provider may correct errors (if any) which occur in the User’s Account because of malfunction.
  2. The Provider will not be liable for any loss a User suffers:
    1. if through no fault of the Provider or Provider’s systems, a User does not have a sufficient balance in the User’s Account to make a Payment;
    2. User’s access to Services is suspended or terminated in accordance with these Terms of Use; or
    3. a User is unable to access Services because they are inaccessible for reasons related to the systems or equipment which support Services and whether this is caused by factors outside the Provider’s control (such as internet connection issues) or maintenance of the Provider systems and equipment.

Suspension

  1. The Provider may suspend User’s use of the Site and Services (and access to User’s Account) immediately and without the need for prior notice (although notice will be given if possible and appropriate), if:
    1. the Provider is required to do so by law, or any regulator or court order;
    2. in Provider’s reasonable opinion there is, in relation to User’s Account, a violation or threatened violation of any law, or a security issue or potential security issue;
    3. the Provider ascertains, or suspects on reasonable grounds, that, in applying for Services, a User provided the Provider with information that was materially false or misleading;
    4. a User breaches, or the Provider suspects on reasonable grounds that the User has breached, a material term of these Terms of Use;
    5. the Provider suspects, on reasonable grounds, that a User may be involved in fraudulent activity; or
    6. the Provider is no longer satisfied, on reasonable grounds, as to User’s identity.
  2. In the event of a suspension by the Provider, on a ground in respect of which further investigation can be undertaken by the Provider, a User agrees to provide any further information the Provider may require for that investigation. The Provider agrees to conduct any such investigation promptly and, as a result, will either:
    1. restore User’s access to his/her Account and restore User’s use of Services; or
    2. cancel User’s use of Services.

Anti-money Laundering

  1. The Provider may delay, block or refuse to make any Payment, or cease to provide Services in whole or in part, if the Provider believes on reasonable grounds that making the Payment, or providing Services, may breach any law, including laws relating to anti-money laundering and counter-terrorism financing.
  2. A User must provide the Provider with all information and documents the Provider may reasonably require to comply with any law in Poland (including laws relating to anti-money laundering and counter-terrorism financing) including, where relevant, information and documents in respect of User’s identity.

Complaints

  1. A User has the right to lodge a complaint if the Provider does not fulfil its obligations specified herein or if the Provider fulfils them in a manner contrary to the provisions hereof or the User believes that an entry on User’s Account notice is wrong or that there has been an Authorized Payment.
  2. A complaint can be lodged through the following Contact Form or by way of a traditional letter send to the following address: Red Sky Sp. z o.o., Aleja Piastów 22, Szczecin 71-064, Poland. A complaint should include in particular the problem constituting the basis for a complaint, details of the error or Payment including the date, time, amount and description of the Payment as it appears in the notice of User’s Account, an explanation as to why the User believes the Payment was Unauthorized or is an error and User identification information (name, email, and in case of a traditional letter also a correspondence address).
  3. The Provider reserves the right to contact Users if further information is required and a User is obliged to supply it promptly.
  4. Within 21 calendar days of receiving User’s complaint in proper form the Provider will:
    1. complete its internal investigation and advise User of its decision; or
    2. inform a User that it needs more time to complete the investigation.
  5. If a complaint cannot be considered in the specified deadline, the Provider shall in that time notify by email User submitting a complaint of the reasons for such a delay and the expected date for complaint resolution and additionally provide a User with weekly updates of the progress of the investigation, except where the Provider is waiting for a response from a User and the User has been advised that the Provider requires User’s response.
  6. A complaint should be submitted within 30 calendar days as of the moment when the reasons for the complaint have become apparent.
  7. On completion of the investigation, the Provider will advise User of the outcome and the reasons for its decision with reference to the relevant provisions of these Terms of Use. If the Provider finds that an error was made in User’s Account, the Provider will make the appropriate adjustment to the value and will advise User of its amount. If the Provider decides that a User is liable for all or part of an Unauthorized Payment, the Provider will supply the User with copies of any document or other evidence on which the Provider bases its findings. The Provider will also advise User if there were any systems or equipment malfunction at the time of the Payment.
  8. If a User is not satisfied with Provider’s decision with respect to the lodged complaint, the User may wish to take the matter to an external independent dispute resolution.
  9. A reply to a complaint shall be sent to an email address or a correspondence address indicated by User submitting a complaint.
  10. Provider shall not consider complaints resulting from ignorance of the law in force, provisions of these Terms of Use, or the information announced on the Site.
  11. If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.

Intellectual Property

  1. The Site and Services and all rights related to the Site and Services are the exclusive property of the Provider or third parties. All creative elements placed on this Site are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of the Provider or third parties. Therefore, they may not be reproduced, used or represented without the prior written authorization of the Provider or third parties.
  2. A User hereby undertakes to respect intellectual property rights (including author's economic rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Provider or third parties are entitled.
  3. On the condition that the User complies with all his/her obligations under these Terms of Use, the Provider hereby grants to User a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) and to use the Site and Services as the Provider intends the Site and Services to be used, and only in accordance with these Terms of Use. Provider grants to the User no other rights, implied or otherwise. User will not nor will User allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Site or Services; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Site or Services, except to the extent applicable laws specifically prohibit such restriction; (iii) rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the Site or Services; and (iv) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Site or Services. User will use the Site and Services solely for his/her own internal use. User will comply with all applicable laws and regulations relating to the use of and access to the Site and Services. User may not provide access to the Service to third parties. The license granted above and User's right of use of the Site and Services will terminate immediately if User fails to comply with these Terms of Use.

Personal Data Protection and Privacy Policy

  1. The collection, use and disclosure by the Provider of User’s personal data are governed by the provisions of the Privacy Policy, available on the Site. A User consents to the use and disclosure of User’s personal data in the circumstances stated in that Privacy Policy.
  2. A User shall carefully read the full Privacy Policy before deciding to become a User.
  3. In case a User is making use of the Site or Services in a manner violating these Terms of Use or the law in force, the Provider shall have the right to use the User’s personal data within the scope necessary to establish his/her liability. In such a case the Provider shall notify the User of his/her committing illegal activities with a demand of their immediate cessation.

Final Provisions

  1. The Terms of Use enter into force on January 14, 2013.
  2. The Terms of Use are available to Users here.
  3. The Provider reserves the right to modify, supplement, replace or change otherwise these Terms of Use at any time, and in particular by changing the fees payable, introducing new fees, changing Payments limits, introducing new Terms of Use, for one or more of the following reasons:
    1. to comply with any change or anticipated change in any relevant law or code of practice;
    2. to reflect any decision of a court, ombudsman or regulator;
    3. to reflect a change in our systems or procedures, including for security reasons;
    4. as a result of changed circumstances (including by adding benefits or new features to the Site);
    5. to respond proportionately to changes in the cost of providing Services; or
    6. to make them clearer.
  4. If any law regulates a change the Provider decides to make, the Provider can only make the change to the extent permitted by the law.
  5. If a change is required in the Provider’s view to restore or maintain the security of Services, the change may be made immediately and without prior notice to Users.
  6. In case of any modifications, supplements, replacements or other changes of these Terms of Use the User will be informed about them by means of the appropriate announcement posted on this Site's home page. Modifications, supplements, replacements or other changes take effect on the date specified by the Provider, which may not be earlier than 14 calendar days from the date of the said announcement. The User who does not agree to the modifications, supplements, replacements or other changes of these Terms of Use may terminate the agreement with the Provider and shall forthwith inform the Provider about that by sending the relevant declaration using the following Contact Form. Termination shall become effective upon receiving User’s statement but not earlier than on the date of entry into force of the amended Terms of Use. Continued use of this Site after modifications, supplements, replacements or other changes have been effectively made to these Terms of Use indicates User's acceptance of the amended Terms of Use.
  7. Neither party to this agreement may assign or transfer any of their rights or obligations under the agreement without the prior consent of the other. If undertaken pursuant to a merger, reorganization or restructuring involving the Provider, or the sale of its business by the Provider, the Provider may, by notice to a User, transfer or assign its rights, or novate its rights and obligations, under these Terms of Use and the User will be deemed to have consented to such transfer, assignment or novation.
  8. The Terms of Use shall be governed by the laws of Poland, without regard to its conflicts of laws principles.
  9. If you have any queries regarding or comments on these Terms of Use, please email us using the following Contact Form.