TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS WITHIN THE QUESTPASS WEBSITE
§ 1 [Definitions]
1. Service Provider – company under the name Questpass sp. z o.o. with its registered office in Poznań, ul. Woźna 9C /2, 61-777 Poznań, Poland, entered in the register of entrepreneurs under number KRS 0000852508, whose registration files are kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Department of the National Court Register, using its tax identification number (NIP): 7831821967 and REGON statistical number: 386640766. Service Provider’s email address is email@example.com. Service Provider Phone Number: +48 607,555,825.
2. Service Provider’s Website or Website – available to Readers and Subscribers of the Internet network at www.questpass.pl website constituting an ICT platform for ordering and managing Services provided by the Service Provider, including but not limited to the Services referred to in point 3) below.
3. Service – provided by the Service Provider, under the terms of the Terms and Conditions, a paid service available to Subscribers to provide access to third-party digital content within Publishers’ websites without displaying Quests.
4. Subscriber – a natural person who uses the Service Provider’s Website, including in particular a natural person who has full legal capacity and has concluded an Agreement with the Service Provider, as well as a natural person who has partial legal capacity and has concluded an Agreement with the Service Provider with the consent of a legal representative to conclude an Agreement. Subscribers may only be natural persons who purchase the Services or otherwise use the Website in connection with their business or profession, i.e. consumers.
5. Reader – an individual who becomes interested in a Quest on the Publisher’s website or registers on the Website but does not purchase the Service.
6. Panel – a separate place on the Website protected by a login and password assigned to the Subscriber, used to manage the Services purchased by the Subscriber, including the purchase of Services.
7. Data processing – any operation performed on personal data, such as collection, recording, storage, processing, alteration, disclosure and erasure, and especially those performed in computer systems.
8. Publisher – an entity operating the website cooperating with the Service Provider and enabling the Service Provider to provide the Service.
9. Agreement – an agreement for the provision of Services by the Service Provider to the Subscriber.
10. Quest – advertising or informational material made available by the Service Provider, coming from the Service Provider, Publisher or Advertiser, which may contain in its content a link to the landing page indicated by the Advertiser or Publisher and take the form of:
a) a task that must be solved in order to gain access to the Publisher’s content, such as one question and three suggested answers – Main Advertisement;
b) a presentation that may be a repetition of the Main Advertisements or another advertisement for the same product, offer, brand or service, but each time without a question and answer proposal – Reminder Advertisement;
c) opinion or knowledge questions that must be answered in order to gain access to the Publisher’s content, and in the case of a question, gaining access is not dependent on selecting a particular answer – Research Quest.
11. Publisher’s Website – the Publisher’s website where Quests are displayed and where the Service Provider may provide the Service to the Subscriber.
12. Terms and Conditions – this document setting out the rules for the provision of Services, including in particular the rights and obligations of the Service Provider, the Subscriber and the Reader.
§ 2. [Technical requirements necessary to use the Services]
1. In order to use the Website and the Services, a Reader or Subscriber must meet the following technical requirements:
a) have a device that allows them to use the resources of the Internet,
b) have a connection to the Internet,
d) in order to register on the Website it is necessary to have an active e-mail account or a telephone.
2. Service Provider explicitly states that it is categorically prohibited to place on the Service Provider’s Website any unlawful content, in particular content inciting racial, ethnic or religious hatred, containing pornographic content, praising fascism, Nazism, communism, propagating violence, offending religious feelings, violating the rights of others.
3. In particular, it is forbidden to place on the Website materials that in any way infringe copyright or trademark protection rights.
4. The Service Provider declares that the use of services provided electronically may involve typical, commonly known risks associated with the use of computer equipment and the Internet. Therefore, Service Provider recommends the use of protective measures, such as anti-virus software or firewalls, to enhance security and minimise the possibility of such risks.
§ 3 [Nature of the Service]
1. The Service Provider displays Quests on Publishers’ Websites in such a way that access to the full content collected on the page of the Publisher’s Website where the Quest is displayed is possible if the requirements of the Quest are met, in particular the question covered by the Quest is answered.
2. If the Reader fulfils the requirements of a Quest, e.g., provides the correct answer to a Quest question, he or she will gain one-time access to further content posted on the Publisher’s Website.
3. The service provided by the Service Provider to the Subscriber is to enable the Subscriber to access digital content (i.e., material on the Publisher’s Website) without displaying Quests and having to meet their requirements, such as providing the correct answer, in order to access the content on the Publisher’s Website.
4. The Service is provided within each Publisher’s Website separately. This means that the Subscriber purchases the Service for each Publisher’s Website separately.
5. This means that the Subscriber agrees to be bound by the terms and conditions of use of the Publisher’s Website also as set forth by the Publisher in its services.
§ 4 [Purchase of Services]
1. Anyone who is interested in purchasing a Service provided on a particular Publisher’s Website uses the appropriate link located in the Quest area to purchase the Service. Once the link is activated, the interested person is informed of the cost of purchasing the Service for 30 (in words: thirty) days. At this point, you may return to the Publisher’s Website or continue purchasing the Service by activating the appropriate link to the Website registration or, if you already have an account, logging into the Website.
2. In order to register with the Service, it is necessary to:
a) fill in the registration form providing the following data: email address, which will serve as the contact address with the Service Provider and login to the Panel, password, first and last name or choosing the option of registration by login on Twitter, Facebook or Google (in this case the email address assigned to the account on the website will serve as the contact address);
b) provide the name of the country of tax residence (usually the country of residence),
d) read and accept the information on the principles of processing and sharing personal data and the rights related to the processing of its personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
e) in the case of filling in the form referred to in point a), activation of the link confirming the email address provided in the email sent to the address provided in the form.
3. The Reader and the Subscriber undertakes not to make the password available to persons unauthorised to act on its behalf within the Panel, and to protect the password from disclosure to unauthorised persons with the utmost care.
4. Upon registration on the Website, the Reader gains the ability to purchase the Service.
5. Prior to purchasing the Service, the Reader may be given the opportunity to choose whether or not to automatically renew the Service after each consecutive thirty (30) day period. If such a choice is provided, then the default choice is no renewal.
6. The quoted price of the Service is gross price (includes all taxes and fees). The price is quoted and paid in the settlement currency indicated at the time of purchase.
7. In order to purchase the Service, the Reader selects one of the payment methods provided by Questpass, including: credit card, online transfer and then activates the link with the description “I order and pay” or similar content. However, if you choose the option of automatic renewal every 30 (thirty) days, the payment method “Internet transfer” is not available. Payment services are rendered by PayU, a financial intermediary website provided by PayU S.A. with its registered seat in Poznan, ul. Grunwaldzka 182, 60-166 Poznań, entered in the register of entrepreneurs of the National Court Register under the number KRS 0000274399, whose registration files are kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Department of the National Court Register, NIP 7792308495, REGON 300523444.
8. Before purchasing the Service, the Reader agrees to start providing the Service before the expiry of the deadline for withdrawal from the Agreement (the Service Provider does not allow to start providing the Service after 14 days from the days of concluding the Agreement, i.e. after the expiry of the deadline for withdrawal from the Agreement).
9. Clicking on the appropriate link will initiate the payment process.
10. The Agreement is concluded as soon as the Service Provider receives confirmation of the payment order from the Reader but is automatically terminated if the Service Provider’s bank account is not credited with the appropriate amount.
11. Service Provider immediately confirms the conclusion of the Agreement by sending an email with the Terms and Conditions attached to it.
§ 5 [Terms of Service]
1. As part of the Agreement, the Subscriber is granted access for 30 (thirty) days to the content of only the Publisher’s Website to which the purchased Service relates. If the Subscriber have chosen automatic renewal when purchasing a Service, the Service will renew every 30 (thirty) days for an additional 30 (thirty) days.
2. As part of the Agreement, the Subscriber is granted access to content only bypassing Quests. Publisher may display on its website other advertising content, not originating from Service Provider.
3. The Subscriber may purchase Services within the Publishers’ Websites separately for each Publisher’s Website.
4. All purchased Services are visible within the Panel.
5. If the Subscriber has selected automatic renewal when purchasing the Service, the Subscriber may cancel automatic renewal at any time. In such case, the Service will not be renewed for another 30-day period. Cancellation of auto-renewal does not incur any fees and only requires you to perform the appropriate operation within the Panel.
6. Automatic renewal of the Service is also cancelled if the price of the Service changes.
7. As a condition of using the Service on the Publisher’s Website for which the Service has been purchased, you must remain logged into the Questpass Website and, in certain cases, the Publisher’s Website, while using the Publisher’s Website. If the Subscriber is not logged in, Quests will be displayed until the Subscriber logs in to the Questpass Website and, in certain cases, to the Publisher’s Website by activating the appropriate link to do so.
§ 6 [Panel]
1. Each Reader who has registered on the Website has access to the Panel.
2. After logging in to the Panel, the Subscriber can view the currently subscribed Services, the number of remaining days of their provision, and cancel the automatic renewal of the Service.
§ 7 [Duration of the Agreement]
1. The Agreement is valid for 30 (in words: thirty) days from the date of its conclusion.
2. If the Subscriber has chosen automatic renewal when purchasing a Service, the term of this Agreement shall be extended every 30 (thirty) days for an additional 30 (thirty) days and the Subscriber shall be charged on the last day of the preceding 30-day period.
3. If automatic renewal is cancelled under the terms of the Terms and Conditions, the Agreement will not be renewed for another 30-day period after the end of the period in which automatic renewal was cancelled. The Agreement shall not be extended for the next 30-day period also if (despite the fact that the automatic renewal has not been cancelled) the Service Provider’s bank account has not been credited with the amount corresponding to the purchase price of the Service on the last day of the previous 30-day period (e.g. due to the expiration of a credit card).
§ 8 [Right to withdraw from the Agreement]
1. The Service Provider hereby informs that once the Subscriber has consented to the delivery of digital content that is not stored on a tangible medium, i.e. the Service, before the expiration of the 14-day period for withdrawal from the Agreement, the Subscriber loses the right to withdraw from the Agreement.
2. If the Service Provider provides services for the Subscriber which are not covered by the consent referred to in sec. 1, the Subscriber may withdraw from the agreement within 14 days from the date of conclusion of the agreement.
3. In order to exercise the right of withdrawal, the Subscriber will submit a statement of withdrawal (it is sufficient to send an email with the appropriate content). In order to meet the deadline referred to in sec. 2, it is sufficient to send the statement before its expiry.
4. Insofar as the Service Provider offers services that can be withdrawn, in the event of withdrawal from the agreement the Service Provider shall return to the Subscriber the price paid, with the proviso that if the Service Provider has already begun to provide the services, the Subscriber shall be obliged to pay for the services performed until the withdrawal from the agreement. The payment amount shall be calculated in proportion to the extent of the performance, taking into account the contractually agreed price.
5. Among other things, the right of withdrawal does not apply to agreements:
a) for the provision of services, if the Service Provider has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance by the Service Provider will lose the right to withdraw from the agreement;
b) for the supply of digital content which is not recorded on a tangible medium, if performance has begun with the express consent of the Subscriber before the expiry of the withdrawal period and after the Service Provider has informed the Subscriber of the loss of the right to withdraw from the agreement.
6) Attached to the Terms and Conditions is a specimen declaration of withdrawal from the agreement.
§ 9 [Complaints]
1. Anyone who believes that the Service was not properly provided may file a complaint.
2. Complaints are submitted by e-mail, sending a message to the Service Provider’s address indicated in § 1(1) of the Terms and Conditions.
3. Service Provider requests that the content of the complaint include data allowing the identification of the Subscriber in accordance with the data provided during the registration on the Website, a description of the problem and the formulation of what behaviour the Subscriber expects from the Service Provider.
4. Service Provider will respond to the complaint within 30 days of its submission by sending an email.
5. The Service Provider is not responsible for interruptions in the operation of the Publisher’s Website.
§ 10 [Amendments to the Terms and Conditions]
1. Service Provider is entitled to make changes to the Terms and Conditions under the provisions of this paragraph.
2. In order for an amendment to the Terms and Conditions to be effective with respect to the Subscriber, the Subscriber must confirm that it has read and accepted the amended Terms and Conditions.
3. If the Service Provider intends to make changes to the Terms and Conditions, it will inform the Subscribers by sending them an email in advance. In addition, when attempting to log into the System, the Subscriber will receive information about changes to the Terms and Conditions and their effective date.
4. If you agree to an amendment to the Terms and Conditions, the amendment to the Terms and Conditions will become effective for you on the date designated as the date of the amendment in the notice sent or displayed to you on the Website.
5. In the event the Subscriber does not agree to these Terms and Conditions change, it will lose the ability to order new Services and existing Services will not be renewed – or automatic renewal option selected by the Subscriber will be cancelled (the term of the Service will not be extended). The Agreement between the Service Provider and the Subscriber will be terminated at the end of the last day of the Service provided to the Subscriber, the last day of which is the latest).
§ 11 [Personal data]
2. Readers’ and Subscribers’ data (email address and identifier on the Service Provider’s Website) is provided to Publishers, but only to enable the identification of the Subscriber as a person using the Service in relation to the Publisher’s Website.
§ 12 [Final provisions]
1. In matters not regulated herein, the applicable laws of the Republic of Poland shall apply.
2. Every Reader and Subscriber has the right to download the content of the Terms and Conditions in a printable format from the website https://questpass.pl/pl/regulaminy/regulamin-uzytkownika/ and save it on its own data carrier.
3. The Terms and Conditions come into effect as of 01/04/2021.