Terms of Use of the Website

Last update date: March 31, 2021

General provisions

1. These Terms of Use of the eclear.pl website constitute a legally binding agreement concluded between you personally or on behalf of the entity you represent (you, the Service Recipient) and eClear.pl sp. z o.o., ul. Domaniewska 47 lok. 10, Warsaw, registered by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000811323, e-mail address biuro@eclear.pl (We, eClear, Service Provider), concerning your access to and use of our websites, as well as any other forms of communication, communication channels, mobile website or mobile application connected or otherwise related to each other, and the services offered through them (collectively referred to as the “Website”).

2. You agree that by accessing the Site and using the resources available on it, you have read, understood and agree to be bound by these Terms in their entirety. If you do not agree to these Terms in their entirety or do not have the legal capacity to be bound by their provisions, you are prohibited from using the Site and the resources contained therein and must immediately discontinue use of them.

3. These Terms, your use of the Site, and your agreements with us will be governed by and construed in accordance with the laws of Poland. Those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

4. All orders placed through the Site are subject to the terms and conditions set out on the order page and below.

5. Whenever the provisions of these Regulations refer to a consumer, this shall be understood as a natural person who is a consumer within the meaning given by the provisions of the Civil Code, or a natural person conducting business activity for whom the agreement is not of a professional nature and to whom the law provides for the application of provisions relating to the consumer.
   

Our services

6. We dedicate our Website to content and offers in the field of cleaning, maintenance and tidying, providing a wide range of services that can be ordered through our Website or by contacting us directly (“Services”).

7. To use our Services, you must place an order through the Site using one of the available payment methods or, where applicable, contact us directly. Payment processing companies are separate entities and when you select a payment method, you may be subject to the Terms and Conditions provided by them.
   

Terms and conditions for concluding distance contracts

8. The main characteristics of the service, including the subject of the service, are communicated to you on the order page.

9. Communication with the Service Recipient takes place using the contact details provided by the Service Recipient when placing the order and during its execution.

10. The identification data of the Service Provider, in particular data on the company, the body that registered the business activity, the number under which it was registered and the contact e-mail address, can be found in paragraph 1 of these Regulations.

11. The total price or remuneration for the Services, including taxes, is given on the ordering page. Additional charges may apply if the time for the provision of the Services is exceeded or additional Services are ordered. In this case, their total price, including taxes, will be calculated based on the price list provided to you before the additional order or time exceedance begins.

12. The method and deadline for payment, as well as available payment methods, are specified on the ordering page. In the event of fees charged due to exceeding the time allocated for the provision of Services or ordering additional Services outside the form available on the Website, they will be settled based on an invoice sent to the contact details provided when placing the original order, payable within 7 days of the date of issue.

13. The method and deadline for payment, as well as available payment methods, are specified on the ordering page. In the event of fees charged due to exceeding the time allocated for the provision of Services or ordering additional Services outside the form available on the Website, they will be settled based on an invoice sent to the contact details provided when placing the original order, payable within 7 days of the date of issue.

14. Services are ordered either as a one-time service, to be performed within the time specified when placing the order, or as a multiple service, according to a specified frequency. In the latter case, the duration of cooperation and its cost will be provided together with the work schedule when placing the order. Payment for the first cleaning within the framework of permanent cooperation is made when placing the order, and each subsequent service will be settled based on an invoice sent to the contact details provided when placing the original order, payable within 7 days from the date of issue.
    

Complaints and claims

15. All complaints should be sent to the address indicated in paragraph 1 above, by e-mail or traditional mail. The complaint should include:

• Your name and surname or company name,

• Your correspondence address and email address,
• Description of the complaint (e.g. to what extent the order was not completed correctly).
• Status expected after resolution of the complaint.

16. Complaints will be reviewed within 30 days of receipt. The response will be sent to the email address you provided.

17. We may request that you provide information necessary to resolve the request, specifying a deadline of no less than 7 days and the scope of information required, with the instruction that failure to supplement the request within the specified deadline will result in the request not being considered. After the deadline, the complaint will not be considered.
    

Withdrawal from the contract

18. If you are a consumer, you can exercise your 14-day right of withdrawal, unless you exceed what is necessary to check the product, thereby waiving your right of withdrawal. In the case of individually prepared items, there is no right of withdrawal. Items that cannot be reused for health or hygiene reasons are not subject to withdrawal if their original packaging has been opened after delivery.

19. Detailed information for persons entitled to withdraw from the contract:

• You have the right to withdraw from the contract within 14 days without giving any reason.
• The deadline for withdrawal from the contract expires after 14 days from concluding the contract by placing an order.
• To exercise your right of withdrawal, you must inform us using the contact details provided in section 1 of the Terms and Conditions of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent via the website or e-mail).
• Expressing the will to start providing services before the 14-day period expires is equivalent to losing the right to withdraw from the contract. In the event of submitting such a declaration, the consumer is obliged to pay for the services provided up to the time of withdrawal from the contract.
• The right to withdraw from the contract does not apply in the event of prior performance of the service with the express consent of the consumer, or when the consumer has expressly requested that we come to him to provide an urgent service.

• You may use the withdrawal template below, but it is not obligatory.
• In order to meet the deadline for withdrawal from the contract, it is sufficient to send information about exercising the right to withdraw from the contract before the deadline for withdrawal expires.

20. The model withdrawal form, which you can copy and fill out only if you wish to withdraw from the contract, is as follows:

• Addressee: (our details from paragraph 1 of these Regulations)
• I (*) hereby inform (*) about my withdrawal from the contract for the provision of the following services (*)
• Date of conclusion of the contract (*)
• Name and surname of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if the form is submitted in paper format)
• Data

21. Effects of withdrawal: If you withdraw from this contract, we will refund all payments received from you immediately and in any event no later than 14 days from the day on which we are informed of your decision to exercise your right to withdraw from this contract. Refunds will be made using the same payment method that you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees in connection with this refund.

Your responsibilities

22. By using the Site, you represent and warrant that:

• All information you provide will be true, accurate, current and complete.
• You will maintain the accuracy of such information and will promptly update the information you provide to us as necessary.
• You have legal capacity and agree to comply with these Terms and Conditions.
• You are not a minor.
• You will not access the Site through automated or non-human means, whether through a bot, script or otherwise.

• You will not use the Site for any illegal or unauthorized purpose.
• Your use of the Site will not violate any applicable laws or regulations.

23. If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to terminate your access and refuse any and all current or future use of the Site (or any portion thereof).

24. The technical requirement for ordering Services via the Website is to have an e-mail account and use a current version of one of the following web browsers: Internet Explorer, Microsoft Edge, Opera, FireFox, Google Chrome or Safari.
    

Intellectual property

25. Unless otherwise indicated, the website, resources, works, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”), which we provide, are our intellectual property or are controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States and other jurisdictions.

26. The Content and Marks are provided as part of the Service “as is” for your personal use. Except as expressly provided in these Terms or in any other binding agreement with us, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

27. By using the Content, you agree not to engage in any of the following activities under penalty of denial of further access and legal liability:

• Systematically retrieve data or other content to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

• Make any unauthorized use of any Content, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Using the Content and Platform to advertise or offer for sale goods and services.
• Bypassing, disabling or otherwise interfering with the security-related features of the Platform, including causing any limitations on the use of their Content.
• Fraud or mislead us or other users, especially in any attempt to obtain confidential information.
• Misuse our support services or submit false reports of abuse or misconduct.

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Attempting to impersonate another user or person, or using another user’s username.
• Selling or otherwise transferring control of your profile.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.

• Use the Content for competitive purposes or for the purpose of generating revenue or commercial enterprises, unless this is consistent with our offer of cooperation.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way relating to the Site.
• Remove any copyright or other proprietary notices from any Content.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
• Transmit viruses, Trojan horses or other harmful or objectionable material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site.

• Use any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, through the use of 1×1 images, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”).
• Except as may be the result of standard search engine or Internet browser usage, using, launching, developing, or distributing any automated system, including without limitation, any spider, robot, cheat utility, worm, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm other users, us, the Site, or the Content.
• Using the Website in a manner inconsistent with applicable law.

28. In matters not regulated by these Regulations, the provisions of the Civil Code and generally applicable law shall apply.

Modifications and disruptions

29. To the fullest extent permitted by law, we will not be liable to you or to any third party for any modification of the Content or for any suspension or discontinuance of the Site.

30. We cannot guarantee that the Site will always be available. We may experience hardware, software, or other problems or require maintenance related to the Site, resulting in interruptions, delays, or errors.
    

Dispute resolution

31. Any legal action of any kind brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the Republic of Poland, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the Republic of Poland.

32. Consumers have the option of using out-of-court complaint and redress procedures. If you wish to use such a procedure, please contact us so that we can suggest a procedure appropriate for your case. Consumers have the following examples of out-of-court complaint and redress procedures:

• an application for resolution of the dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/);

• an application for an out-of-court resolution of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Service Provider); and
• assistance from the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, from 8:00 to 18:00, connection fee according to the operator’s tariff).
• at http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and traders at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract (more information on the platform’s website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
  

Amendments

33. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including the description, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
    

Responsibility

34. The Service Provider is liable to consumers to the extent resulting from the provisions of the Civil Code and the provisions on consumer rights. None of the provisions of these Regulations regarding limitation of liability shall apply to persons who are consumers.

35. The Service Provider’s liability towards a Service Recipient who is not a consumer, regardless of its legal basis, is limited – both within a single claim, as well as for all claims in total – to the amount of the price paid for the Services provided. The Service Provider is liable towards a Service Recipient who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits towards a Service Recipient who is not a consumer.

36. This Site is provided “as is.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the same extent, we are not responsible for:

• errors, mistakes or inaccuracies in the content and materials,
• personal injury or property damage of any kind resulting from your access to and use of the site,
• unauthorized access to or use of our secure servers or any personal information or financial information stored therein,

• interruption or cessation of transmission to or from the site,
• any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Site by any third party and/or
• any errors or omissions in any content or materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the site. We do not guarantee, warrant or assume responsibility for any product or service advertised or offered by a third party through this site, any hyperlinked website, website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way responsible for monitoring any transaction between you and any third party providers of products or services.

37. The Service Provider shall not be liable for any use of the Content in a manner inconsistent with its intended purpose, and to the fullest extent permitted by law, shall not be liable for any negative consequences of using the Content.

38. We shall not be liable to any non-consumer Users for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. To the fullest extent permitted by applicable law, we, our affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages, including, without limitation, loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and any other loss or damage of any kind arising out of the use of or inability to use the Content, even if you have advised us of the possibility of such loss, damage or harm.

39. As with any transaction through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

40. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. To the fullest extent permitted by law, you hereby waive any rights or requirements under any laws which require an original signature, writing, or any means other than electronic means.
    

Final provisions

41. These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not be construed as a waiver of such right or provision.

42. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

43. There is no joint venture, partnership, employment or agency relationship created between us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.

44. These Terms and Conditions remain binding while you use the Website or our Services and until you have paid us all due fees, interests and remuneration, and thereafter – to the extent resulting from the nature of the rights and obligations arising from these Terms and Conditions, in particular until the end of the limitation periods for any claims related to them.

45. The Parties may agree to terminate the Regulations earlier.

46. None of the provisions of these Regulations limit the rights of consumers, including the following:

1) exclusion or limitation of liability towards the consumer for personal injury;

2) exclusion or significant limitation of liability towards the consumer for non-performance or improper performance of an obligation;

3) exclusion or significant limitation of the offsetting of the consumer’s receivable against the other party’s receivable;

4) being bound by provisions that the consumer had no opportunity to become familiar with before concluding the contract;

5) permit the Service Provider to transfer rights and obligations arising from the contract without the consumer’s consent;

6) making the conclusion of the contract dependent on the consumer’s promise to conclude further contracts of a similar type in the future;

7) making the conclusion, content or performance of the contract dependent on the conclusion of another contract that has no direct connection with these Regulations;

8) making the performance of the service dependent on circumstances that depend solely on the will of the Service Provider;

9) granting the Service Provider the right to make a binding interpretation of the agreement;

10) the Service Provider’s right to unilaterally change the agreement without a valid reason indicated in the agreement;

11) granting only the Service Provider the right to determine whether the service is in compliance with the contract;

12) exclusion of the obligation to return to the consumer the payment made for a service not fulfilled in whole or in part, if the consumer withdraws from concluding the contract or its performance;

13) anticipating the loss of the right to demand the return of a consumer service provided earlier than the Service Provider’s service, when the parties terminate, dissolve or withdraw from the contract;

14) depriving the consumer of the exclusive right to terminate, withdraw from or terminate the contract;

15) reservation of the Service Provider’s right to terminate a contract concluded for an indefinite period without indicating important reasons and an appropriate notice period;

16) imposing solely on the consumer the obligation to pay a fixed sum in the event of withdrawal from the conclusion or performance of the contract;

17) imposing on a consumer who has failed to fulfil an obligation or has withdrawn from the contract the obligation to pay a grossly excessive contractual penalty or compensation;

18) introducing the possibility of automatic extension of a contract concluded for a fixed term, unless the consumer for whom an abnormally short period has been stipulated makes a statement to the contrary;

19) providing only the Service Provider with the unilateral right to change, without important reasons, essential features of the service;

20) providing for the right of the Service Provider to determine or increase the price or remuneration after conclusion of the contract without granting the consumer the right to withdraw from the contract;

21) making the Service Provider’s liability dependent on the performance of obligations by persons through whom the consumer’s contractual partner concludes the agreement or with whose assistance he performs his obligation, or making this liability dependent on the consumer fulfilling excessively burdensome formalities;

22) anticipating the obligation to fulfil the obligation by the consumer despite the failure to fulfil or improper fulfilment of the obligation by the Service Provider.