I. General provisions
- These Rules of Procedure shall determine:
- type, scope and conditions of provision of electronic services by Insbay Sp. z o.o;
- rights and obligations of the Users and the Service Provider.
- Whenever the following terms are used in these Regulations, they shall be understood to mean them:
- Insbay - Service Provider - Insbay Sp. z o.o. with its seat in Warsaw, Poland;
- Insbay application - application made available by Insbay in Google Play and Apple App Store;
- Insbay.app - website available at https://insbay.app;
- Partner - a third party with whom Insbay conducts business cooperation in terms of offered products, services or promotional activities;
- Regulations - these Regulations for the provision of services by electronic means -
- The website - the insbay.app website and any subpages thereof;
- Services - services provided electronically in accordance with these Regulations;
- User or Service Recipient - each user of the Services.
- On the insbay.app website at the address: https://insbay.app/en/policy;
- Information on cookies is available:
- On the insbay.app website at the address: https://insbay.app/en/cookies;
- Insbay provides services by electronic means:
- Parties insbay.app;
- Contact form on the insbay.app website;
- The Insbay application;
- Newsletter insbay.
- The service of the Site consists of
- Providing content and information about the Insbay Application, the scope of Insbay's activities, information related to the products and services provided;
- Providing information about services, special offers and promotions provided by Insbay or Partners;
- Provide links/references to Google Play and Apple App Store, where the Insbay application is published, Partner sites, social networking sites, other places related to the services or products provided;
- The Contact Form service consists of
- Enabling the sending of an electronic message to the Service Provider directly from the Website, without the need to log in to the User's electronic mail;
- The answer to the enquiry sent to the Service Provider using the Contact Form shall be sent directly to the e-mail address provided by the User;
- The Newsletter service consists in:
- Regular sending of commercial information to the e-mail address provided by the User during registration or made available by the User for registration from the social network;
- The Newsletter contains promotional and marketing information of Insbay and its Partners, including news, thematic curiosities, information about promotions, competitions, products and services;
- The Insbay application service consists of:
- Information about Insbay and Partners' products and services;
- Enabling the creation and maintenance of an account/user profile;
- Contextual and behavioural presentation of advertisements for Insbay products and services and Partners.
III. Conclusion and duration of a contract for the provision of services by electronic means
- Starting to use the Services is tantamount to concluding a contract with Insbay for the provision of services by electronic means. Before concluding an agreement for the provision of services by electronic means, the Client is obliged to read these Regulations.
- The contract is concluded at the moment of opening the Insbay.app website or any of its subpages, or by installing and using the Insbay Application, or by filling in the contact form on the Insbay.app website.
- A contract for the provision of services by electronic means is concluded for the duration of these services, i.e:
- In the case of content provision on insbay.app, until the website is closed;
- In the case of the contact form, until you send a message or leave the contact form;
- In case of Newsletter services - until withdrawal of consent or cancellation of subscription.
- Conclusion of a contract for the provision of services by electronic means does not involve any fees on the part of the Customer to Insbay.
- Using the functionality of the contact form requires providing the user's name, surname, e-mail address, telephone and the content of the enquiry on a voluntary basis.
IV. Termination of the contract for the provision of services by electronic means and deletion of User data
- The user of the Insbay application can also use the option to delete their account via "My profile".
V. Conditions of use of the Services
- It is forbidden for the Service Recipient to provide content of an illegal or misleading nature, as well as to take actions that may cause disruption or damage to the Service Provider's IT systems.
- Insbay shall not be liable for the consequences of the use of the Services by the Client in a manner inconsistent with generally applicable laws, rules of social coexistence or the provisions of the Regulations.
- Insbay provides services without interruption, subject to technical interruptions due to maintenance, upgrading or service.
- The provision of services involves the placement of links - links to services of other entities (e.g. Facebook®, Instagram®, YouTube®, Twitter®, to websites of Partners and other portals or websites). Insbay shall then be solely responsible for the provision of the Services for the establishment of the relevant links and shall not be liable for services provided by third parties to which Insbay provides links within the Services.
- In case of suspicion of violation by the User of the Terms and Conditions or applicable law, Insbay has the right to suspend the use of the Services and to take action to clarify all relevant circumstances of possible violation. Insbay reserves the right to cease providing the Services to a User who is in breach of any provision of the Terms. Resumption of the Service is at the discretion of Insbay.
- The User shall not be entitled to any financial or non-financial claims for interruptions in the availability of the Services due to the above mentioned circumstances.
- The services are of an informative nature. Insbay does not warrant the suitability of the published or transmitted content for any particular purpose or application or its suitability for the interests of a particular User. In particular, Insbay does not guarantee the topicality, accuracy, reliability, completeness, suitability of such content, graphic marks, links or messages posted or transmitted through the Website.
- The website and all its elements are protected by law, in particular by the Act on Copyright and Related Rights and the Act on Combating Unfair Competition.
- The Customer undertakes to use the Services with respect to intellectual property rights. The use of the content of the website does not mean that the Client acquires any rights to the works or databases contained therein.
VI. Technical requirements for the use of services
- In order to use the services correctly, it is required to have computer equipment with an installed web browser that allows you to open websites and access the Internet. The way the Website, its parts or the visibility of individual sections may vary or depend on the version of the browser, plug-ins installed or the operating system used by the User. These differences do not constitute improper provision of the Services.
- In the case of the insbay application, contact form and Newsletter it is also necessary to have an active e-mail account.
VII. Complaint procedure
- Users have the right to make complaints in matters concerning the provision of the Services.
- A complaint may be any objection or observation concerning the provision of the Services.
- Complaints should be submitted to the e-mail address email@example.com or in writing to: Insbay sp. z o. o. Senatorska 2, 00-075 Warsaw Poland.
- Insbay shall consider complaints within 30 days and reply to the e-mail address from which the complaint was sent, unless the User submitting the complaint has indicated another address, traditional or electronic, to reply.
- The complaint should contain all the information necessary for it to be considered. If it is necessary to obtain additional information in order to process the complaint, Insbay shall contact the User submitting the complaint in order to supplement it.
- A complaint may be submitted anonymously, i.e. without providing data concerning the User's identity, if it is not necessary to consider the complaint and respond.
- A complaint considered in accordance with these Regulations shall not be considered further.
VIII. Final provisions
- The Service Provider reserves the right to amend the Regulations for the following important reasons:
- due to a change in the provisions of generally applicable law,
- in order to fulfil an obligation arising from a final court or administrative decision,
- for safety reasons, including those aimed at preventing the use of the Services in a manner contrary to the provisions of law or the Regulations,
- introducing significant changes in the functioning of the Site or any of the Services, including those related to technical or technological progress, including when new Services are launched, new functionalities are made available or existing Services or functionalities that significantly change the scope of Services provided are discontinued.
- Each change will be announced by publishing the new Terms and Conditions on insbay.app on the tab https://insbay.app/en/rules and in the Insbay Application.
- Users of the Newsletter Services shall also be individually informed about changes to the Regulations to the e-mail address used to provide the Services.
- In the case of non-acceptance of the Regulations with new content, the User has the right to withdraw from the agreement to provide Services within 14 days. Within this period, Insbay should be informed about the withdrawal from the agreement at firstname.lastname@example.org.
- In matters not regulated by the Regulations, the provisions of generally applicable Polish law shall apply, in particular the Civil Code and the Act on Provision of Electronic Services.
- The Polish court is competent to settle disputes between Insbay and the User.
- Notwithstanding the foregoing, Insbay declares its willingness to resolve disputes with Users out of court, including, but not limited to, in accordance with the mode provided for at www.uokik.gov.pl.
- A consumer customer can also use the EU ODR internet platform, available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
- These Rules of Procedure shall apply from October 9, 2020.