TERMS AND CONDITIONS OF ADMON WEB SERVICE
Dear Recipient,
Thank you for visiting our online service available at http://admon.com.pl and http://admon.ie (hereinafter referred to as: "Admon", " Web Service").
Admon is a tool that is primarily useful for a coach. It can enhance their performance and improve productivity. The Web Service’s functionality allows customers to use coach services, however, the contract to use the service is concluded outside the Web Service, directly between a given coach and the client.
These Terms and Conditions determine the general rules and conditions for the use of the Webs Service. These terms and conditions, if a client decides to use Admon, in particular determine the rules for the use of the Web service, including our liability issues. These conditions will be applicable in the absence of other agreements between us.
Please learn more about our terms and conditions.
Admon team
1) ABOUT US
1. Admon belongs to MONIKA KUCHARCZYK who conducts business activity under ADMON MONIKA KUCHARCZYK company name entered to the Office of the Revenue Commissioners seated at this address: 30 The Green, Clonard Village, Wexford, Ireland, Tax Reg. No IE 2680534, e-mail address: admon.kucharczyk@gmail.com (hereinafter referred to as: "Service provider", "Contractor").
2) DEFINITIONS
1. Definitions used in this Rules and Regulation mean:
a. SUBSCRIPTION FEES – charged for the use of chargeable functionalities available in Admon.
b. PRICE LIST – price list of subscription fees available on the Web service.
c. CHAT – Account functionality which allows for text chat between the Coach and the Client via the Web Service.
d. COACH – a recipient who is a natural person and uses the Web Service (including the online services) to directly pursue economic or professional activity set out in the Terms and Conditions (which in this case is not a consumer) and who uses Admon in accordance with the Terms and Conditions specified herein.
e. DOCUMENTATION – functional description of a functionality, actions and components of Electronic Services available in the Web Service included in a "Help" tab in Web Service page.
f. INSTITUTION – a recipient, who is a natural person, legal person or an entity without legal personality with legal capacity (not a consumer) that uses Admon under Terms and Conditions specified herein.
g. CLIENT – a recipient who is a natural person that uses Admon under the Terms and Conditions set out herein.
h. CIVIL CODE – Civil Code Act of 23 April 1964 (Journal of Laws no. 16, item 93 as amended).”
i. ACCOUNT, PROFILE – a Webs Service identified by individual e-mail address and password given by aRecipient, a collection of resources and functionalities available in provider's ICT service which gathers data fed by the Recipient and information about his activities in the Web Service.
Description of functionalities, activities and components available in the Account is indicated in the Documentation and in the Web Service.
j. NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provider via electronic mail, which enables all subscribed Service Users to automatically receive regular contents of subsequent editions of the newsletter, including information on new additions in the Online Store and marketing materials from the Provider.
k. COPYRIGHT – Copyright and Related Rights Act of 4 February 1994 (Journal of Laws no. 24, item 83 as amended).”
l. TERMS & CONDITIONS – these terms & conditions of the Web Service.
m. WEB SERVICE, SERVICE, ADMON – Provider’s online service available at http://admon.com.pl and http://admon.ie.
n. ONLINE SERVICE – A service provided by electronic means by the Provider for the Recipient via Web Service in accordance with the Terms and Conditions.
o. RECIPIENT – (1) a natural person with full legal capacity; (2) a legal person; or (3) legal entity without legal personality with legal capacity; that uses or intends to use electronic services available in Admon.
p. PROVIDER – MONIKA KUCHARCZYK who conducts business activity under ADMON MONIKA KUCHARCZYK company name entered to the Office of the Revenue Commissioners seated at this address: 30 The Green, Clonard Village, Wexford, Ireland, Tax Reg. No IE 2680534, e-mail address: admon.kucharczyk@gmail.com
q. CONSUMER RIGHTS ACT – of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 with amendments).
r. SEARCH ENGINE – free Online Service available to all Recipients in the Web Service that allows them to search the Web Service for coaches and information on training and workshops provided by other Recipients.
3) GENERAL CONDITIONS FOR USING ADMON
1. Admon was created to streamline coaches' work and increase their productivity. Admon's functionalities available in the Web Service allow customers to use the Coach service, however, the contract to use such services, including the terms and conditions of use and fees, is concluded outside the Web Service, without the Service Provider – directly between the Coach and the Client.
2. The Recipient is required to use Admon in accordance with the law and morality with respect for personal property, copyright and intellectual property of the Provider and third parties. The Recipient is required to enter data that are in accordance with the facts. A Recipient is not allowed to share unlawful content.
3. Technical requirements necessary to cooperate with the ICT system used by the Provider: (1) computer, laptop, tablet, smartphone or other media device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox 17.0 and higher or Internet Explorer 9.0 and higher, Opera 12.0 and higher, Google Chrome 23.0. and higher, Safari 5.0 or higher; (4) allow to store cookies and Javascript in your web browser.
4. A detailed description of the Online Services and operating procedures, including functionality and charges for using Coach Account is available in the Documentation and in Web Service website.
4) USING ADMON BY COACH
1. A Coach that uses Admon may only be a Recipient who is a natural person that uses the Web Service (including Online Services) to directly pursue economic or professional activity consisting of providing individual or group sessions that aim to support those who use these sessions to achieve their own personal or professional goals. In addition, the Coach who uses Admon shall meet at least one of the following conditions:
a. Holds a Coach/Mentor certificate issued by an appropriate entity that certifies professional groups referred to above i.e. Coach or Mentor
b. holds a training, course , study or other educational program completion certificate which contains in its title the word "Coach" or "Coaching", Mentoring or "Mentor"
c. is a member of association whose one of statutory aims is to associate Coach and Mentor profession practitioners
2. The Provider shall be entitled at any time to take action to verify the veracity, reliability, and accuracy of information provided by Coach and the declaration he filed during account installation. With regard to the
verification, the Service Provider is also entitled to request the Coach to send scans of certificates or other documents necessary to carry out the verification. During the verification referred to above, the Provider is entitled to suspend Coach's account for the duration of the verification.
3. The following services are available for the Coach in Admon: Account (Profile), Newsletter and Search Engine.
4. Search Engine is free and does not require creating an Account.
5. Newsletter is free and requires prior creation of an Account.
6. Creating an account is free of charge, except that the use of the full range of Account's functionalities is chargeable and subject to subscription fee according to the price list. Chargeable functionalities available in Coach's Account include: Chat, reporting, articles written by Coach viewed on Admon's first page, access to a tool shop created by all Coaches, workshop, publications on events from the event room, offline mode, promotion of the Coach on social networks, the ability to add video-cards of the Coach and calendar reminders about events.
a. Access to chargeable functionalities and the Account is possible after you have selected your Subscription in accordance with the price list and after payment. Access to chargeable functionalities is activated by the Service Provider within 48 hours after the payment is settled. After the period of the subscription expires, the Coach can purchase it for further periods, in other case, the Service Provider is entitled to restrict access to account's chargeable functionalities.
b. The subscription fee and its types are set out in the price list.
c. The Coach can pay subscription using the options available in the Account.
d. The Provider shall provide the following methods of payment for your Subscription: electronic payments, card payment and payments via Transferuj.pl – possible current methods of payment are set out in http://www.transferuj.pl and electronic payments via paypal.com.
i. Transferuj.pl - support for electronic payments and card payments is managed by: Transferuj.pl - Krajowy Integrator Płatności Spółka Akcyjna (former Brachia Sp. J. ) seated in Poznan (office address: Św. Marcin 73/6, 61-808 Poznan), entered in the National Court Register under number 0000412357, the registry files are held at the District Court Poznan – Nowe Miasto and Wilda, the share capital of PLN 4 798 500 has been paid in full, Tax Identification Number: 7773061579.
ii. Paypal.com - electronic payment service is managed by PayPal (Europe) S. a r.l. & Cie, S.C. A. , 5, floor 22–24 Boulevard Royal, L-2449, Luxembourg.
e. If the Coach decides to resign from the account functionality during the period of paid subscription, it does not entitle him to repayment of the fee for the remaining duration of the subscription.
7. A detailed description of the Online Services and operating procedures, including functionality and charges for using Coach Account is available in the Documentation and in Web Service website.
8. You begin to use the Search Engine after you transfer to appropriate tab available in the Web service, enter the searched phrase and click the action field. The institution can also use filters and search options available in the Search Engine. The Search Engine can only be used once in one go and will close after you use it.
9. Using the Newsletter is possible by checking the right checkbox concerning the Newsletter during completion of the Profile's data and clicking action button - from the moment Coach is signed up to the Newsletter.
10. The Coach can use the account after taking four consecutive steps by the Coach and one by the Provider – (1) fill in registration form by the Coach, (2) click the action field by the Coach, (3) confirm by the Coach a wish to create an account by clicking on the confirmation link sent automatically to an e-mail address, (4) sending by the Coach scans of possessed certificates, attestations or other documents containing at least a first and a last name of the Coach - necessary to verify the fulfillment of the conditions referred to in point 4 par. 1 pt. a - c of the Terms and Conditions (sending a scan can be done via attachment of the scan whilst filling in the Profile’s data or by sending to an address admon.kucharczyk@gmail.com) and (5) the verification of the received scan by the Provider (verification is carried out within 48 hours from receipt of a scan). A lack of caring out all the steps referred to in the preceding sentence shall entitle the Provider to suspend or remove an Account.
The Coach is required to give the following data In the registration form: first name and last name, e-mail address, account type (Coach) and password.
a. For correct display of the Profile installed by the Coach in the Web service, and in particular in the Search Engine available in the Web Service, the Coach is required to give the following data:
i. The territorial coverage of activities, including the country and city/town where the Coach pursues his/her activities.
ii. The list of services offered by the Coach consisting in carrying out individual or group sessions which are designed to support the participants to achieve their own personal or professional goals.
iii. The language, or languages, which the coaching sessions are carried out in,
iv. At least one of the following contact information: phone number, address or the address of the Coach's website.
b. The Coach shall be entitled to post additional data in his/her profile about themselves or their past activities, provided that they are related to Coach profession.
c. The Coach may share their image in their Profile and additionally Coach who bought Subscription is entitled to place their video-card (a video recording lasting up to 60 seconds).
11. The Coach can at any time and for any reason, unsubscribe from the Newsletter (cancellation of the Newsletter) by clearing the checkbox concerning the Newsletter clicked during recording and clickinng an action field or by sending an appropriate request to the Provider, in particular via e-mail at address: admon.kucharczyk@gmail.com or in writing at the address: 30 The Green, Clonard Village, Wexford, Ireland.
12. The Coach can close the account at any time and without giving any reason (close an Account) via an appropriate option available in their Account or by sending a request to the Service provider, in particular through e-mail to the following address: admon.kucharczyk@gmail.com or in writing to the following address: 30 The Green, Clonard Village, Wexford, Ireland. If the Coach decides to resign from the Account during the period of paid subscription, it does not entitle him/her to repayment of the fee for the remaining duration of the subscription.
13. The Coach shall assure the highest degree of professional care and conduct to ensure that the information they share in the Web Service is accurate, reliable and precise.
14. The Coach shall be responsible for their actions or omissions taken in the Web Service, in particular for actions that relate to Coach or Mentor profession, including any damage to third parties.
15. The Service Provider can block access to the Account or remove Coach's Profile from the Web Service, if they violate these Terms and Conditions, in particular if the Coach gave incorrect, unreliable or inaccurate information, or filed a false declaration when starting the Profile, or if it violates the rights of third parties.
16. The Provider shall be entitled to remove any content posted by Coach in the Web service, if it considers it to be incompatible with the subject of the Service, false, unreliable, immoral, offensive or infringing the third party's rights.
5) USING ADMON BY INSTITUTION
1. An Institution that can use Admon may only be a Recipient who is a natural person who uses the Web service (including the Online Services) directly to pursue their business or profession, legal person or an entity without legal personality with legal capacity.
2. The institution can use Admon free of charge. The Institution can use the Institution's Account, Newsletter and Search Engine.
3. The Institution can use the account after taking three consecutive steps – (1) fill in registration form, (2) click the action field and (3) confirm your wish to create an account by clicking on the confirmation link sent automatically to your e-mail address. The Institution is required to give the following data In the registration form: name, e-mail address, Account type (Institution) and password.
a. Once the Account is created, the Institution shall fill in its Profile with data on institutions, including the first name and surname of a person to contact and address and the name of the Institution.
b. The Institution can close the account at any time and without giving any reason (close an Account) via an appropriate option available in their Account or by sending a request to the Service provider, in particular through e-mail to the following address: admon.kucharczyk@gmail.com or in writing to the following address: 30 The Green, Clonard Village, Wexford, Ireland.
4. Search Engine is free for Institutions and does not require creating an Account.
5. Newsletter is free and requires prior creation of an Account.
6. You begin to use the Search Engine after you transfer to appropriate tab available in the Web service, enter the searched phrase and click the action field. The institution can also use filters and search options available in the Search Engine. The Search Engine can only be used once in one go and will close after you use it.
7. Using the Newsletter is possible by checking the right checkbox concerning the Newsletter during completion of the Profile's data and clicking action button - from the moment Institution is signed up to the Newsletter.
8. The Institution can at any time and for any reason, unsubscribe from the Newsletter (cancellation of the Newsletter) by clearing the checkbox concerning the Newsletter clicked during recording and clickinng an action field or by sending an appropriate request to the Provider, in particular via e-mail at address: admon.kucharczyk@gmail.com or in writing at the address: 30 The Green, Clonard Village, Wexford, Ireland.
9. The Institution shall assure the highest degree of professional care and conduct to ensure that the information they share in the Web Service is accurate, reliable and precise.
10. The Service provider can block access to the Account or remove Institution's Profile from the Web Service, if they violate these Terms and Conditions, in particular if the Institution gave incorrect, unreliable or inaccurate information, or filed a false declaration when starting the Profile, or if it violates the rights of third parties.
11. The Provider shall be entitled to remove any content posted by the Institution in the Web service, if it considers it to be incompatible with the subject of the Service, false, unreliable, immoral, offensive or infringing the third party's rights.
6) USING ADMON BY A CLIENT
1. A Client that can use Admon may only be a Recipient who is a natural person who uses the Web service (including the Online Services) directly to pursue their business or profession.
2. The Client can use Admon free of charge. The Client can also use the Search Engine. Additionally, the Client can chat with Coach via Chat application hosted under Coach's Account.
3. The Search Engine and Chat is free for the Client and does not require creating an Account.
4. You begin to use the Search Engine after you transfer to appropriate tab available in the Web service, enter the searched phrase and click the action field. The institution can also use filters and search options available in the Search Engine. The Search Engine can only be used once in one go and will close after you use it.
5. The Client can use the Chat after he/she finds their coach in the Web service which allows to talk via chat and click on the chat icon.
7) CONTACT WITH ADMON
1. The main form of current remote communication is via electronic mail (e-mail: admon.kucharczyk@gmail.com ) and traditional mail (30 The Green, Clonard Village, Wexford, Ireland), through which you can exchange information concerning Admon's use.
2. You are welcome to contact us in person at our office (30 The Green, Clonard Village, Wexford, Ireland) after setting the appointment.
8) COMPLAINTS ABOUT ADMON
1. You can file your complaints about Web service's operation via e-mail, for example, to the following address: admon.kucharczyk@gmail.com or in writing to the following address: 30 The Green, Clonard Village, Wexford, Ireland.
2. We recommend that you enter the following information in your complaint: (1) information and circumstances of the subject matter of the complaint, in particular the type and date of irregularities' occurrence; (2) your claim; and (3) contact details of the petitioner – this will make the consideration easier and faster for the Provider. The above listed requirements are only recommendations and do not affect the effectiveness of any claim submitted without the recommended description.
3. We shall respond to your claim immediately, not later than within 14 calendar days from the date of its submission. If the Client does not receive a response within the time limit set above, it means that the Service Provider has accepted the complaint.
9) TERMINATION OF AGREEMENT
1. This section shall apply only to Recipients who are consumers.
2. The right to terminate the contract concluded at a distance does not apply to contracts (1) for the provision of services, if the Service Provider provided the full service with the express consent of the consumer who has been informed prior to the commencement that after the service is provided, the Buyer loses his right to terminate the contract; (2) where the subject is to provide a non-prefabricated thing created according to consumer's specifications or to meet their individualized needs; (4) to provide
digital content which is not stored on the tangible medium, if the service was provided with the express consent of the consumer before the expiry of the period for contract termination and after the Buyer has been informed that they lost the right to withdraw from the contract.
3. Subject to point 9.2 of the Terms and Conditions, the consumer who has entered into an agreement at a distance may within a period of 14 calendar days withdraw from the contract without giving any reason and without incurring the costs, subject to the exception referred to in the next sentence. If a service which, at a consumer's express request, began before the expiry of the time limit which allows to withdraw from the contract, the consumer who exercises his right to withdraw from the contract upon such request, shall be required to pay for the services provided since the withdrawal from the contract. The amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the provided service.
4. To comply with a time limit for withdrawal, just send a statement before its expiry. A statement of withdrawal from the contract may be submitted in writing, for example, to the following address: 30 The Green, Clonard Village, Wexford, Ireland or via e-mail to the following address: admon.kucharczyk@gmail.com .
5. The deadline to withdraw from the contract shall begin for a contract where the provider gives out a thing while being obliged to transfer its ownership – from taking possession of a thing by a consumer or by a third person he indicates that is other than the carrier, in the case of a contract: (1) where a consumer takes possession over many things which are supplied separately, in badges or in parts – since taking possession over the last thing, badge or part or (2) which is a regular provision of goods – since taking possession over the first thing. For all other contracts the period to withdraw from the contract begins on the date of conclusion of the contract.
10) NON-JUDICIAL MEANS OF HANDLING COMPLAINTS AND REDRESS PROCEDURES AND RULES FOR ACCESS TO THESE PROCEDURES
1. This section shall apply only to Recipients who are consumers.
2. The detailed information on possible non-judicial means of dealing with complaints and redress and rules of access to these procedures is available on websites hosted by county (city) consumer advocates, social organizations whose statutory task is consumer protection, Provincial Inspectorates for Trade Inspection and at the following addresses: Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php and http://www.uokik.gov.pl/wazne_adresy.php.
3. The consumer can get free support on the settlement of the dispute from free assistance provided by district (city) consumer advocate or social organization for which consumer protection is a statutory task (including Consumers' Federation, Polish Consumers Association).
4. At the address http://ec.europa.eu/consumers/odr there is available a platform of online dispute resolution system between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with one-stop service for consumers and businesses seeking an out-of-court settlement of disputes concerning contractual obligations arising from an online sale or an online service contract.
11) PROVISIONS FOR ENTREPRENEURS
1. This section shall apply only to Recipients who are not consumers.
2. In the event of a delay in payment, including payment in advance, we reserve the right to refuse to enter into other agreements and stop the agreements already concluded by the time we receive payments which does not give rise to any claims on your behalf in relation to the Service Provider.
3. In the event of any dispute relating to the terms of the agreement, you are not entitled to withhold payments or part of a payment. Any settlement arising from contentious issues will occur only after mutual agreement between both parties.
4. Any delay or failure to meetl the conditions of the contract by us will not constitute grounds for you to withdraw from the contract or to claim compensation for your losses or other equivalent payments, if such failure or improper performance of the contract shall occur due factors we shall not be liable for and which we have not caused.
5. An interruption in Admon's operation that lasts no longer than 48 hours in a given month shall not give rise to any claims against the Service Provider.
6. The provider shall be liable, without regard to legal basis, to the amount of subscription fee paid for the last period of Admon's use, in the absence of the payment – up to one month's subscription fee for Admon's use. We are liable only for typical and actually incurred damage foreseeable at the time of contract conclusion, excluding lost benefits.
12) FINAL PROVISIONS
1. Contracts concluded by Admon are in accordance with the Polish law and depending on Recipient's selection - in Polish or English.
2. Amendment to the Terms and Conditions - the Provider reserves the right to make changes to the Terms and Conditions for the important reasons such as: change of the law; adding new Online Services, to the extent that these changes affect the implementation of the provisions of these Terms and Regulations. Amended Terms and Conditions shall be binding for a Recipient, if the requirements referred to in Articles 384 and 384 (1) of the Civil Code have been met, that is, if the Recipient has been properly notified of the changes and did not terminate the agreement within 14 calendar days from the date of notification. If the amendment concerns the introduction of any new fees or increase in current charges, the Recipient who is a consumer has a right to terminate the contract.
3. These Terms and Conditions do not exclude rules that are in force in a country where the consumer, who concludes the contract with the Provider, habitually resides which cannot be derogated from by the agreement. In such a case, the provider guarantees protection of the consumer that he is entitled to on the basis of the provisions which cannot be derogated from by agreement.
4. In any matter not covered by these Terms and Conditions, please follow generally applicable rules of Polish law, in particular: Civil Code; law on provision of services by electronic means from 18 July 2002 (Journal of Laws 2002 no. 144, item 1204 as amended); Law on Consumer Rights and the other relevant provisions of common law.
13) DECLARATION OF CONTRACT TERMINATION FORM (ANNEX NUMBER 2 TO THE CONSUMER RIGHTS LAW)
Declaration of contract termination form (this form must be filled out and returned only if you want to withdraw from the contract)
– Addressee:
MONIKA KUCHARCZYK 30 The Green, Clonard Village, Wexford, Ireland admon.kucharczyk@gmail.com
– I/we hereby declare that I want to withdrawal from the contract of sale of the following things( * ) contract for the supply of the following things( * ) contract for specific work consisting in performing the following actions( * ) / providing the following service( * )
– Date of the agreement ( * )/reception( * )
– First name and surname of consumer(s):
– Consumer(s)' address:
– Customer(s) signature(s) (only if the form is sent in print)
– Date
(*) Delete as appropriate.
Thank you for detailed reading!
If you have any questions we are always at your disposal – please do not hesitate to contact your account manager directly or using the information provided in the footer.
We invite you to cooperation,
Admon team