TERMS AND CONDITIONS OF USE OF CALENDESK FOR BUSINESS CUSTOMERS
Below are the conditions under which business customers can use the resources made available by Calendesk.
The individual chapters contain:
- Definitions of terms used in the Terms and Conditions General provisions
- General provisions
- Responsibilities and liabilities of the parties
- Contracts between you and the User
- Your personal data
- Users' personal data
- Complaints about the functioning of Calendesk
- Complaints about services provided by Partners
- Final provisions
Terms and Conditions — these terms and conditions of use of Calendesk;
Calendesk — a comprehensive system of interconnected elements in the form of software, web service, websites, web application, mobile application, widgets and other elements made available to Partners and Users to a different extent;
Service Provider — the owner of Calendesk: MPR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, FLORIAŃSKA 6, LOK. 02, 03-707 WARSZAWA, TAX ID (NIP): 5783137225, KRS No.: 0000788188;
You/Partner — a natural person, a legal person or an organizational unit without legal personality, which, in connection with their business or professional activity, has concluded a contract with the Service Provider;
Partner Account — a separate part of Calendesk made available to you, secured with a login and password;
User — a natural person who has full legal capacity and has created a User Account for purposes unrelated to their business or professional activity, in order to use the Services offered by Partners; The User may also be a natural person, a legal person, as well as an organizational unit without legal personality, which, in connection with its business or professional activity, intends to use the Services offered by Partners (in order to set up a company account, it is necessary for the User to provide company details);
User Account — a separate part of Calendesk secured with a login and password, made available to the User
License — a non-exclusive, free of charge license granted to Partners and Users for the use of Calendesk on the terms set out in the Terms and Conditions;
Price List — the current Price List, containing the list of services (Modules) offered in Calendesk together with their price;
Contract — a Contract concluded between you and the Service Provider, the subject of which is the provision of services within Calendesk on the terms set out in the Terms and Conditions, as well as any contract concluded through Calendesk between you and the User;
Module(s) — the scope of activities offered by the Service Provider through Calendesk;
Service(s) — the scope of activities offered by you to the Users within Calendesk, as well as services provided to you by the Service Provider;
Party — each party to a given contract — Service Provider, Partner, User;
Subscription — the period for which you have access to Calendesk;
Booking — one of the Modules within Calendesk providing Partners and Users with an interactive calendar that allows Users to book Services with Partners on the terms specified in the Terms and Conditions;
Order — expression of the User's will to conclude a contract with the Partner;
Consumer — a natural person entering into a legal transaction with an entrepreneur which is not directly related to that natural person’s business or professional activity. In these Terms and Conditions, the provisions related to a Consumer will also apply to a natural person concluding an agreement which is directly related to their business activity if it follows from the content of that agreement that it is not of a professional nature for that person, which results in particular from the nature of that person’s business activity;
II. Postanowienia ogólne
The Terms and Conditions set out the terms of the Contract between you and the Service Provider and specify, in particular, the rules for the provision of services by the Service Provider within Calendesk, as well as the terms and conditions for your use of Calendesk. The terms of service for Users are contained in separate terms and conditions.
Calendesk is a system that allows Partners and Users to establish contact within Calendesk in order to conclude contracts for services offered by Partners. In addition, within the Partner Account, Calendesk allows the use of a number of Modules to facilitate customer management and other tasks related to your business activity.
In order to use Calendesk, it is necessary to accept the Terms and Conditions and undertake to comply with their provisions. If you do not agree to any provision of the Terms and Conditions, you should not create a Partner Account or delete the Partner Account previously created. In this case, before taking action, you should inform the Service Provider about the lack of acceptance of the provisions of the Terms and Conditions.
A Partner can only be a professional meeting the conditions set out in the definition of a Partner, who, within the framework of legally conducted business or professional activity, provides services to which they give access to Calendesk Users.
III. Conclusion and duration of the contract
In order to use Calendesk, you are required to provide your identification details, contact details and, if applicable, invoice details
The Contract is concluded between you and the Service Provider at the time of completing the electronic form provided by the Service Provider in the Web Platform and accepting the Terms and Conditions.
The Contract may be concluded when you log in to the Partner Account for the first time if the Partner Account was created for you by the Service Provider and you accepted the Terms and Conditions.
Access to Calendesk as well as launching particular Modules by Partners may be subject to payment in accordance with the Price List attached to the Terms and Conditions. Users do not pay any fees to the Service Provider for the use of Calendesk.
The Contract between you and the Service Provider is concluded for an indefinite period of time. You may withdraw from the Contract at any time, either by notifying the Service Provider of this fact or by not making another payment for the access to Calendesk.
In the event of your withdrawal of the Contract, the payment for access to Calendesk is not refunded. Only if you purchase access to Calendesk for a period longer than one month, the fee for the full months following the withdrawal from the Contract can be refunded at your request submitted before the beginning of the months in question. The refund provision does not apply if you use any form of rebates or discounts provided by the Service Provider to the standard Subscription price indicated in the Price List.
If you do not pay for the next period of use of Calendesk, the Service Provider reserves the right to block your access to the Partner Account, as well as to delete any data entered into it. Data may be deleted after 14 days from the time the Subscription expires. Deletion of data means the irretrievable loss of the possibility of its restoration, transfer or access to it.
You are not entitled to any claims for data lost in connection with the termination of the Subscription.
You agree to receive invoices from the Service Provider by electronic means.
If you use the provided tools for automatic credit card charging, you agree that these charges can be automatically collected for the benefit of the Service Provider by confirming this fact when using this payment method.
After concluding the Contract, you will receive access details to your individual Partner Account. Entering these details in the Web Platform allows you to use the Services.
You should become familiar with the functionality of Calendesk and be aware that you are using Calendesk at your own risk.
Logging in to the Partner Account allows you to use the Modules that you have access to. których Partner ma dostęp.
When using Calendesk in its paid form, you are obliged to pay for the Subscription in the amount indicated in the Price List using one of the available payment methods.
The payment indicated in section 4 is made by you on a monthly basis (or on a quarterly/annual basis when choosing a quarterly or annual Subscription) using the previously selected payment method. In some cases, the payment date may change, for example, if the payment could not be made using the chosen payment method or if the Subscription began on a date outside of the given month.
It is your responsibility to have a valid Subscription. If you fail to make the payment, the Service Provider has the right to block your access to Calendesk. You re-again access to Calendesk after the payment is made, provided that the time after which the Service Provider has the right to delete the Partner Account and your data has not elapsed, which would mean that it is not possible to restore access to the Account (according to section 3.7 of the Terms and Conditions).
As previously indicated, you may cancel the Subscription at any time. In such a case, access to Calendesk or individual modules will be provided until the end of the period for which the service has been paid for.
The Service Provider may introduce changes to the Price List, however, any changes in prices will be effective not earlier than starting from the new billing period. Partners will be informed about changes to the Price List by an email sent to the address they provided.
The Service Provider seeks to provide the necessary assistance related to the use of Calendesk. To use such assistance, contact the Service Provider through the contact channels provided in Calendesk.
The Service Provider shall have the right to make changes to the software, introduce additional services, remove services, change the appearance of the web application or mobile application as well as any element of the Calendesk system. Under no circumstances shall the Service Provider be liable to you for damages resulting from such changes.
The Service Provider reserves the right to temporarily deactivate Calendesk for the purposes of its maintenance, modification or improvement. In any such case, the Service Provider will make every effort to perform these activities in a manner as least disturbing for Partners and Users as possible.
Temporary lack of access to Calendesk or difficulties in using the service cannot be the basis for compensation or reduction of the Subscription fee.
You are obliged to update your contact details, invoice details and other details provided to the Service Provider or the User.
Calendesk is available to Partners and Users around the clock. The Service Provider reserves the right to short interruptions resulting from periodic system maintenance or caused by random events.
Each Partner can have only one Partner Account. If several Partner Accounts are created using the same details, Calendesk shall have the right to block the Partner Accounts and request the Partner to provide an explanation.
You are obliged to provide your own hardware, software and Internet access at your own expense in order to use Calendesk. In the event of technical problems, you can get assistance with starting and using Calendesk.
V. Responsibilities and liabilities of the parties
You are obliged to comply with all provisions of the Terms and Conditions.
You bear full liability for any damages incurred by the Service Provider in connection with your acts or omissions when using Calendesk.
You are obliged to use Calendesk in a manner that does not infringe upon the rights of third parties (personal rights, copyrights), good manners and generally applicable laws. You are fully and exclusively responsible for your actions within the Partner Account.
You are obliged not to post in Calendesk any content that is vulgar, insulting to other people, discriminating for any reason, harming the good name of others, including the Service Provider, Users and Partners. The above also applies to communication with the Service Provider, Users and Partners. You are fully responsible for any violations in this respect.
The Service Provider confirms that you are the owner of all content entered using the Partner Account.
The Service Provider does not take any responsibility for the content presented by you and the User through Calendesk as well as for your actions or the User's actions related to the use of Calendesk.
All obligations resulting from legal regulations concerning the publication of content and obligations related to the conclusion of the Contract between you and the User lie with you and the User.
You should prepare the content, descriptions of services and their availability in a way that is accurate, reliable, complete, up-to-date and corresponding to the nature of Calendesk. No element entered by you in Calendesk may mislead Users, in particular as to the essence and nature of services or their availability. Each User and Partner may report to the Service Provider any content that does not meet these requirements or violates applicable law or the rights of third parties. The Service Provider shall have the right to remove any content that does not meet the requirements set out in this section, either on the basis of a notification or without notification.
You bear full responsibility for the content, descriptions of services, their availability, as well as for providing the service to the User.
The Service Provider is not a party to any contract concluded between Users and Partner and does not guarantee that Users or Partners have the possibility to conclude or perform such Contracts. The Service Provider shall not be liable for improper performance or non-performance of contracts concluded between the Users and Partners, as well as for payments made by the User.
In the event of receiving a notification of your violation of the Terms and Conditions or in the event of obtaining this information by the Service Provider, the Service Provider shall have the right to block your access to Calendesk. In this case, you will be notified of the blocking of your Partner Account.
You are responsible for securing the access details to your Partner Account. In the event of suspicion that the access details are held by an unauthorized person, you should immediately notify the Service Provider about this fact.
You are obliged to use Calendesk only in a manner consistent with its intended use. You have no right to take any action that is intended to or may interfere with the operation of Calendesk. You may not change, bypass or break Calendesk's security features by yourself or with the participation of third parties, nor may you negatively influence Calendesk by causing it to be damaged or overloaded.
You may not copy, modify or distribute all or part of Calendesk in a manner that goes beyond the License granted to you.
You shall immediately inform Calendesk if a User, another Partner or a third party asserts claims against you due to your violation of the law using Calendesk in any scope.
You may not use the personal data of Users, other Partners or third parties, to which data you have gained access through Calendesk, for any other purposes than those related to the activities within Calendesk.
The Service Provider shall not be liable for damages resulting from:
- interruptions in the delivery of Services or unavailability of Calendesk due to reasons that are beyond the control of the Service Provider or result from events that the Service Provider could not have foreseen;
- incorrect functioning of Calendesk due to reasons that are not the Service Provider's intentional fault, such as technological issues, malfunctions of Calendesk or lack of functionalities;
- access to the Partner Account by unauthorized persons;
- your unfamiliarity or non-compliance with the Terms and Conditions;
- risks associated with the use of the network: hacking attacks, system infection by viruses;
- violations of third party rights by Users or Partners;
- actions of third parties for which the Service Provider is not responsible;
- lack of authenticity, reliability, correctness, completeness of data and information posted in Calendesk by Users and Partners, as well as the information transferred between Users and Partners;
- functioning of external systems related to the execution of payments;
- technical issues related to the operation of hardware, software, Internet access of the Partner or User;
- non-performance or improper performance of services by Partners or Users;
- lack of capability of Users or Partners to conclude contracts;
- blocking the Partner Account or User Account in the event of violation of the Terms and Conditions.
Possible financial liability of the Service Provider in other cases not specified in the Terms and Conditions cannot exceed the price of one month's Subscription fee.
The Service Provider undertakes to repair any defects preventing or obstructing access to Calendesk. In each such case, the Service Provider shall have the right to make part of the Calendesk system available to third parties.
The Service Provider shall have the right to make changes to the software, introduce additional Services/Modules, remove Services/Modules and change the appearance of individual parts of the Calendesk system.
VI. Contracts between you and the User
Calendesk may involve making Bookings of Services and placing Orders for products offered by the Partner.
The User receives a notification about the Booking/Ordering confirmation via Calendesk or SMS/email.
The Partner may require that making a Booking or placing an Order be subject to a prepayment. Information on the obligation to make a prepayment must be provided in Calendesk in the same place where the User makes the Booking or places the Order.
If the User has to make a prepayment, you shall inform them about the possibility of canceling the Order or booking according to the rules specified in section VI.3 and define the rules for returning the prepayment.
Making a Booking or placing an Order leads to the conclusion of a contract between you and the User, and the performance of such a contract shall be governed by the relevant laws. All and any responsibility for the performance of the contract and respect for the law lies with you.
If the User is a consumer within the meaning of EU law, they shall have the right to withdraw from the contract concluded with you without giving any reason by canceling the Booking within 14 days of its making, unless they have previously used the Service. The User shall have the right to cancel the Booking via Calendesk or otherwise, provided that they use the contact channels made available by you. If you require prepayment prior to the Booking of a given Service, you shall retain the prepayment if the User fails to change the date or to cancel the Service within the period specified by you in a visible place when making the Booking.
If the User is a consumer within the meaning of EU law, they have the right to withdraw from the contract concluded with you without giving any reason related to the purchase of products from you by issuing an appropriate statement via Calendesk or in any other way, provided that they use the contact channels made available by you. In the event of withdrawal from a contract of sale, such a contract shall be deemed not to have been concluded and the parties should return everything they have provided to each other. If, on the basis of the provisions of law, you exclude the right to withdraw from the contract without giving any reason, information about this fact shall be provided to the User when they place the Order.
The User shall be obliged to make all payments directly to you. If Calendesk provides a payment option, the User may use this option to make a payment through Calendesk. In such a case, the payment for the Service shall be collected from the User by an external institution handling Internet payments in order to carry out the payment instruction submitted by the User.
VII. Partners' personal data
The controller of Partners' personal data is the Service Provider.
Entering data in the electronic form as well as in the Partner Account is tantamount to expressing consent to the processing of your personal data by the Service Provider.
The Service Provider processes only the Partner data that is necessary for the proper performance of Services within Calendesk.
The data processed is protected by the Service Provider in accordance with the law and will not be transferred, resold or lent to other persons or institutions that are not entitled to it.
You have the option of accessing your personal data for the purpose of its verification, modification, requesting their removal from the database or requesting their transfer by notifying the Service Provider.
If you consider that your personal data is incorrectly processed by the Service Provider, you have the right to file a complain with the supervisory authority.
The Service Provider will process your data only for the duration of the Contract and until the expiry of any claims arising from the Contract.
VIII. Users' personal data
The co-controllers of the Users' personal data are the Service Provider and you
You are obliged to process Users' personal data in accordance with the provisions of law generally applicable in the European Union.
You are obliged to use security measures in an appropriate manner to protect Users' personal data.
You are obliged to comply with all information obligations in force under legal provisions.
You are obliged to process Users' personal data only for the purpose of providing services within Calendesk.
You are obliged to delete all User data after the end of the Contract period, unless European Union law requires the storage of such data.
You may entrust the personal data entrusted to you for further processing only for the purpose of performing the Contract, if you inform the User of this fact in an appropriate manner.
At your request, the Service Provider will provide you with all information necessary to demonstrate the fulfillment of the obligations related to the processing of personal data.
In matters not regulated herein and related to the processing of personal data, the law of European Union shall apply.
IX. Complaints about the functioning of Calendesk
Complaints related to the functioning of Calendesk should be submitted electronically or by mail to the address of the Service Provider.
In order to facilitate and speed up the processing of complaints, it is recommended to provide information such as email address, type and date of the problem and contact details.
A complaint related to the operation of Calendesk shall be considered immediately, not later than within 30 working days.
The response to the complaint is sent to your email address provided in Calendesk.
X. Complaints about services provided by Partners
You agree to allow the User to exercise their right to complain about the Services and the right to withdraw from the contract. Complaints and withdrawals should be addressed directly to you.
Complaints concerning the Services provided by the Partners, as well as withdrawals from the contract, submitted to the Service Provider will be forwarded to individual Partners, of which the User will be notified by email to the User's email address provided when creating the User Account or when submitting the complaint.
You are responsible for dealing with complaints regarding the Services and withdrawals from contracts without giving any reason in accordance with the generally applicable law.
All content posted by the Service Provider within Calendesk, such as text, graphics, logos, button icons, images, code, software, other technical solutions, databases are the property of the Service Provider and are protected by copyright.
The Service Provider grants the Partners and Users a non-exclusive, not assignable, non-transferable License to use Calendesk, limited to the territory of European Union countries, taking into account the extraterritorial nature of the Internet. The License shall be valid only for the duration of use of Calendesk and shall entitle Partners and Users only to temporary multiplication of Calendesk by displaying it in a web browser and to its permanent multiplication by installing Calendesk as an application on a mobile device in order to use it in accordance with its purpose and functionality. The Partners and Users have no other rights, including intellectual property rights, beyond those expressly stated in the Terms and Conditions. Partners and Users are not entitled to any use of Calendesk source codes. Failure to comply with the above obligation may result in legal liability of the Partner or User for the infringement of the Service Provider's economic rights.
XIII. Final provisions
The content of the concluded contract is additionally recorded and secured in the Service Provider's ICT system and made available on your every request.
The Service Provider reserves the right to make changes to the Terms and Conditions and their appendices, of which changes you will be notified by email sent at least 14 days before the changes are made.
The amended Terms and Conditions will be binding on you if the following requirements are met: you will have been properly notified of the changes and have not terminated the contract within 30 days.
Changes to the Terms and Conditions will in no way affect the rights acquired by the Partners who have been using Calendesk before the date of entry of such changes into force.
Any disputes arising between the Service Provider and you shall be submitted to the court having jurisdiction over the seat of the Service Provider.
In the event of any interpretation doubts related to the provisions of the Terms and Conditions, Polish law shall prevail.