Terms and Conditions
I. DEFINITIONS
- Personal data – any information relating to an identified or identifiable natural person. Information is not considered to identify a person if it would require excessive cost, time or effort.
- Customer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, placing an Order and purchasing a Service on the Website;
- Individual Customer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, placing an Order and purchasing the Subscription Service on the Website, with the right to use for a single entity (Recipient);
- Collective Customer – an individual with full legal capacity, a legal entity or an organizational unit without legal personality, placing an Order and purchasing the Subscription Service on the Website, with the right to use for the number of entities (Recipients) indicated by him/her;
- Consumer – a natural person with full legal capacity or a natural person conducting a sole proprietorship, concluding a contract with the Service Provider directly related to his/her business or professional activity, but not of a professional nature.
- Privacy Policy – means the Service Provider’s document treating the rights and obligations of Customer and the processes taking place in connection with the processing of Customer personal data by the Service Provider and the use of “cookies”. The Privacy Policy is available at: . io/community/
- Consumer Law – Law on Consumer Rights of May 30, 2014.
- Terms and Conditions – these rules and regulations, available at io/community/
- GDPR – Resolution (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC and the Act of May 10, 2018 on the protection of personal data.
- Website – the website available at io/community/ through which the Customer, upon entering into the Agreement, accesses the Subscription Service;
- Agreement – an agreement for the provision of Subscription Services concluded between the Service Provider and the Customer using the functionality of the Website, the object of which is to provide the Customer with a Subscription in exchange for the payment of a price, concluded for a definite period of time;
- Subscription Service – a package of services provided by the Service Provider including: access to educational materials on the Website, newsletters, admission to meetings, and access to Q&A sessions, provided for a specified period of time: 1 month or 12 months, depending on the Customer’s choice;
- Service provider – ElephantAI Sp. z o.o. seated in Milanówek.
II. GENERAL PROVISIONS
- These terms and conditions govern the use of the io/community/ Website and access to the Subscription Service.
- The Customer undertaking activities aimed at using electronic services provided by the Service Provider undertakes to comply with the provisions of the Terms and Conditions.
III. TYPE AND CONDITIONS OF SERVICE PROVISION
- The Service Provider provides free use of the Website, provided that access to the services included in the Subscription Service.
- The Service Provider provides paid services through the Website consisting of: access to educational materials found on the Website, sending newsletters, providing access to online and offline meetings organized by the Service Provider, and access to Q&A sessions conducted by the Service Provider.
- The Service Provider provides all services described in the Terms and Conditions under the terms and conditions set forth therein.
- In order to conclude the Agreement, the Customer is required to register on the Website. The Customer’s registration on the Website allows the Website’s database to store the Customer’s data and the Customer’s Purchase history, and allows access to the Subscription Service. During registration, the Customer is required to provide a unique password known only to him/herself.
- The customer is responsible for not sharing his/her password with third parties and bears all possible financial and legal consequences of such sharing.
- In order to conclude the Agreement on the Website, the Customer selects the Subscription Service by taking subsequent technical steps based on the messages displayed and information contained on the Website and makes payment.
- In order to purchase Subscription Services, the Customer collects them into a so-called shopping cart, where the list of services selected by the Customer is located. The Customer can view the contents of the shopping cart at any time, add or remove the selected Subscription Services, and proceed immediately to the payment process.
- In the course of finalizing the purchase of the Subscription Service, the Customer specifies the details and provides the data necessary to conclude the Agreement. In the case of a Customer purchasing the Subscription Service for more than one entity (Recipient), the Service Provider will individually discuss with the Customer the process of granting access to the Subscription Service after payment.
- After confirming the selection of the selected Subscription Service, in order to access the Subscription Service, the Customer is required to make payment.
IV. PAYMENT EXECUTION
- Payment for the Subscription Service, is made via Stripe.
- Access to the Subscription Service shall occur immediately upon receipt of payment by the Service Provider.
- Any errors in the invoices issued by the Service Provider are removed by means of a correction of the sales invoice, sent to the Customer’s e-mail address provided when placing the order. The Customer agrees to this form of correction. The parties thereby acknowledge that the agreement and fulfillment of the conditions for the reduction of the tax base for the supply of goods takes place at the moment when the Service Provider sends the correction invoice.
- Product prices are gross prices – they include value added tax (VAT) – unless otherwise expressly stated in the offer.
- In the situation of application of a reduction in the price of the Subscription Service, the Service Provider undertakes to indicate, next to the reduced price, the lowest price of the Subscription Service in effect during the last 30 days before the date of introduction of the reduction.
V. SUBSCRIPTION SERVICE MANAGEMENT
- The Subscription Service is provided by the Service Provider for a period of one or twelve months, depending on the Customer’s choice made at the Subscription Service selection stage, and does not renew automatically.
- In order to extend the Service Provider’s provision of the Subscription Service, the Customer is required to make payment for the next period selected by the Customer.
- Up to 7 days before the expiration of the paid period during which the Service Provider allows the Customer to use the Subscription Service, an email will be sent to the Customer’s email address indicated at registration, informing of the expiration date of the concluded Agreement.
- The Customer is not entitled to a refund for cancellation of the Subscription Service. Access to the Subscription Service under the concluded Agreement is maintained for the entire period for which the Customer has made payment.
VI. WITHDRAWAL
- The Customer, who is a Consumer, has the right to withdraw from the Agreement without stating reasons within 14 days of receiving access to the Subscription Service (unless a longer period is specified in the offer). In order to effectively withdraw from the Agreement, it is required to send a statement to the e-mail address: [email protected]
- In the event of withdrawal from the Contract as mentioned above, the Service Provider will refund the price paid by the Customer.
- All refunds will be paid by the Service Provider no later than 14 days after receipt of the statement of withdrawal from the Agreement by the same method of payment used by the Customer, unless the Customer has agreed to a different method of refund. No additional costs will be associated with the refund.
VII. COMPLAINT PROCEDURE
- The Customer is entitled to file a complaint regarding the services provided by the Service Provider. Complaints may be submitted at the email address: [email protected]
- The service provider undertakes to resolve complaints promptly, no later than 14 days from the date of submission.
- The complaint is resolved in the form of an e-mail sent to the e-mail address provided in the Customer’s complaint application.
VIII. PROCESSING OF PERSONAL DATA
- The administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Service Provider. Personal data are processed for the purposes, to the extent and based on the principles indicated in the Terms and Conditions.
- The Customer’s personal data will be processed by the Service Provider in accordance with generally applicable laws, in particular the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC and the Law of May 10, 2018 on the protection of personal data.
- Any person whose personal data is processed by the Service Provider has the right to:
- Their individual control,
- their correction and completion,
- their removal,
- limitation of their processing,
- Their transfers,
- file a complaint with the supervisory authority.
- The personal data of Customers obtained by the Administrator through the Website are collected in accordance with the will of the Customers and to the extent approved by them.
- The provision of personal data is always voluntary, but in certain cases – indicated each time during the use of the Website – the lack of consent for data processing may result in preventing the conclusion of the Agreement.
- The GDPR information clause for customers can be found on the Website https://elephantai.io/privacy-policy/
- Placing an order requires reading the Terms and Conditions and Privacy Policy, which the Customer confirms each time before placing an order.
IX. FINAL PROVISIONS
- Settlement of any disputes arising between the Service Provider and the Customer, who is a consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure, whereby the Service Provider will seek to resolve the dispute through mediation.
- The consumer is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection or to the provincial inspector of the Trade Inspection, and may also obtain free assistance in resolving a dispute between the consumer Customer and the Service Provider, using the free assistance of the district (city) consumer ombudsman.
- Consumers can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract.
- Settlement of any disputes arising between the Service Provider and the Customer, who is not a consumer, shall be submitted to the court having jurisdiction over the seat of the Service Provider.
- These Terms and Conditions are effective as of 30/06/2023.
- The Service Provider reserves the right to amend the Terms and Conditions. All changes to the Terms and Conditions shall come into force on the date indicated by the Service Provider. Contracts entered into prior to the effective date of changes to these Terms and Conditions are executed on the basis of the provisions in effect on the date of the Contract.