1. GENERAL PROVISIONS
1.1. These Terms of Service (the “Terms of Service”) defines terms and conditions based on which TransactionLink provides Services to Clients via the Website. This Terms of Service defines in particular:
1.1.1. types of Services provided by TransactionLink throughout the Website;
1.1.2. conditions for provision of Services, including:
18.104.22.168. technical requirements necessary to use Services;
22.214.171.124. prohibition on posting illegal content on the Website by the Client;
1.1.3. conditions for introducing, modifying and revoking of these Terms of Service;
1.1.4. complaint procedure and alternative dispute resolution procedure with regard to Services.
1.2. This Terms of Service has been issued pursuant to Art. 8 sec. 1 point 1 of the (Polish) Act of July 18, 2002 on the provision of electronic services.
2.1. The following defined capitalized terms have the following meaning:
2.1.1. Agreement means agreement for provision of electronic services by TransactionLink;
2.1.2. App (Apps) means a software program designed to perform a specific function for the Client or another App made available to the Client by TransactionLink throughout the Website or in another agreed form;
2.1.3. Client (Clients) means accordingly the Consumer or the Entrepreneur;
2.1.4. Consumer (Consumers) means a consumer within the meaning of Art. 22(1) of the (Polish) Civil Code, i.e. a natural person who performs a legal transaction with TransactionLink that is not directly related to his or her business or professional activity;
2.1.5. Cookies means IT data in the form of text files created and saved on Client’s end device (e.g. computer, telephone) in connection with his or her use of the Website;
2.1.6. Complaint means a complaint within the meaning of Art. 2 clause 2 of the (Polish) Act of August 5, 2015 on the consideration of complaints by financial market entities and on the Financial Ombudsman, i.e. a natural person claim addressed to TransactionLink, in which natural person raises reservations regarding the Services provided by TransactionLink;
2.1.7. Content means all information and materials on the Website made available to the Client;
2.1.8. Entrepreneur (Entrepreneurs) means both natural person, legal person and organizational unit with no legal personality, which law grants legal capacity, conducting business or professional activity on its own behalf;
2.1.9. Sandbox means an isolated testing environment that enables the Entrepreneur to use Apps;
2.1.10. TransactionLink means TransactionLink spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered seat in Warsaw, address: Rynek Nowego Miasta 9/9, 00-220 Warsaw, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0000823971, tax identification number (NIP): 5252812929, statistical number (REGON): 385349514, share capital in the amount of PLN 127 150.00;
2.1.11. Services means services specified in these Terms of Service, provided to the Client by TransactionLink via the Website;
2.1.12. Sandbox Terms of Service means TransactionLink – Sanbox Terms of Service posted on the Website;
2.1.13. Website means TransactionLink’s website available under URL address: https://www.transactionlink.io/.
3 TYPES OF SERVICES
3.1. TransactionLink provides following Services throughout the Website:
3.1.1. providing, viewing and downloading the Content by the Client, including marketing information, information about the Services, as well as legal documents;
3.1.3. enabling access to Sandbox to the Entrepreneur.
4 USE OF SERVICES
4.1. In order to take advantage of all Services available throughout the Website, the Client should have an end device (electronic device) that has:
4.1.1. Internet access;
4.1.2. the latest available version of one of the following web browsers: Microsoft Edge, Internet Explorer, Chrome, Firefox, Opera or Safari;
4.1.4. active support for Java Script;
4.1.5. installed Adobe Acrobat Reader DC.
4.2. Moreover, in order to optimize use of Services, it is recommended that the Client has up-to-date anti-virus software installed on his or her end device together with installed firewall.
4.3. If Client's end device does not meet requirements set out in points 4.1-4.2, TransactionLink does not guarantee proper operation of the Website and use of the Services.
4.4. Client uses the Website and Services in a manner consistent with provisions of these Terms of Service and provisions of the law.
4.5. The Client may not post illegal content or malware on the Website.
4.6. All data provided by the Client, including his personal data provided via the Website, shall be truthful, current and not misleading.
4.7. If the Client posts information or content on the Website that TransactionLink deems offensive, inappropriate or violating the law, TransactionLink reserves the right to remove such information or content without the prior consent or acknowledgement of the Client.
5. COMMENCEMENT, SUSPENSION AND TERMINATION OF THE SERVICES PROVISION
5.1. With regard to the Service indicated in point 3.1 of these Terms of Service:
5.1.1. the Client begins to use the Service (concludes the Agreement) the moment the Client enters the Website and starts browsing it;
5.1.2. the Client terminates the use of the Service upon closing and leaving the Website.
5.2. With regard to the Service indicated in point 3.2 of these Terms of Service:
5.2.1. the Client begins to use the Service (concludes the Agreement) at the moment the Client provides e-mail address and gives TransactionLink consent to receive marketing communication;
5.2.2. the Client terminates the use of the Service at the moment the Client withdraws consent to receive marketing communication.
5.3. With regard to the Service indicated in point 3.3 of these Terms of Service:
5.3.1. the Client begins to use the Service (concludes the Agreement) at the moment of successful registration to Sandbox in accordance with Sandbox Terms of Service;
5.3.2. the Client terminates use of the Service in accordance with Sandbox Terms of Service.
5.4. When applicable, the Client and TransactionLink may terminate the Agreement at any time with a 14-day notice period. The Agreement is terminated by the Client by sending a statement of termination of the Agreement to the address: email@example.com.
5.5. When applicable, the Customer and the Client who is a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person has the right to withdraw from the Agreement within 14 days from the date of its conclusion. To meet the deadline, it is sufficient to send a statement of withdrawal within the above-mentioned period to the email address: firstname.lastname@example.org.
5.6. TransactionLink may temporarily suspend or temporarily/permanently terminate the provision of the Services:
5.6.1. in the event of a breach by the Client of the points 4.4 - 4.7;
5.6.2. for technological, organizational or legal reasons.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. All Content, including graphics (logos) posted on the Website are the property of TransactionLink or TransactionLink is entitled to use them on the basis of relevant license agreements concluded with authorized entities.
6.2. The Client may download the Content available on the Website only for private use, not related to commercial or professional activity, unless otherwise is agreed between the Client and TransactionLink.
7. PERSONAL DATA
7.1. The data controller of Client's personal data is TransactionLink.
7.2. TransactionLink processes Client's personal data to the extent necessary for the Client to use the Services and ensure compliance with the relevant regulations, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
8. COMPLAINTS AND RESOLUTION OF DISPUTES
8.1. Complaints regarding the Services provided by TransactionLink may be submitted:
8.1.1. in writing - in person at the address of the TransactionLink registered office: Czarnieckiego 72 Street, 01-541 Warsaw, Poland or sent to the electronic service address referred to in art. 2 point 1 of the Act of November 18, 2020 on electronic deliveries, entered into the database of electronic addresses referred to in art. 25 of this Act;
8.1.2. electronically at the e-mail address: email@example.com;
8.1.3. verbally - by phone at the telephone number +48 515 073 215 or in person for the record during the Client's visit at the address of the TransactionLink registered office.
8.2. The complaint should include at least:
8.2.1. grounds for submitting the Complaint;
8.2.2. correspondence address, and if the Client requests a response to the Complaint by e-mail – the Client’s e-mail address.
8.3. The complaint is considered without undue delay, but not later than within 30 days from the date of its receipt. To meet the deadline, it is sufficient to send a response before its expiry, and in the case of responses in writing - posting at the post office of the designated operator. In particularly complex cases, which make it impossible to consider the Complaint and provide a response within 30 days, this period may be extended, in which case the TransactionLink explains to the Client the reason for the delay and specifies the expected date of considering the complaint and providing a response, not longer than 60 days from the date of complaints receipt.
8.4. The response to the Complaint is provided in paper form or, after agreement with the Client, by e-mail.
8.5. If the Complaint is not considered, the Client may apply for consideration of the case to the Financial Ombudsman, in accordance with the Act of August 5, 2015 on the consideration of complaints by financial market entities and the Financial Ombudsman, or bring an action to a common court.
8.6. The Client may also use out-of-court complaint handling methods using the ODR platform (European Online Dispute Resolution platform). The ODR platform is available at: http://ec.europa.eu/consumers/odr/.
9. FINAL PROVISIONS
9.1. These Terms of Service are available on the Website.
9.2. TransactionLink reserves the right to amend the Terms of Service in the event of one of the following circumstances:
9.2.1. changes in the law regarding TransactionLink's activities, in particular those that affect the rights and obligations of the Client or TransactionLink under these Terms of Service;
9.2.2. changes in interpretation of the law as a result of judgments issued by courts or tribunals, administrative decisions issued by competent authorities, including the President of the Office of Competition and Consumer Protection, the Polish Financial Supervision Authority, the Financial Ombudsman, the President of the Office for Personal Data Protection, the General Inspector of Financial Information, the European Court of Justice;
9.2.3. issuance of new or changes of existing recommendations, good practices or recommendations of competent administrative authorities, offices or industry associations operating in TransactionLink's industry;
9.2.4. changes to the Services, in particular change or withdrawal of current Services or addition of new Services;
9.2.5. organizational or technological changes of TransactionLink, in particular to optimize the provision of Services, operation of the Website or Account.
9.3. The Client will be informed about the change of these Terms of Service by posting relevant information on the Website for a period of 14 days from the date of amendment to the Terms of Service. In cases where Client have provided TransactionLink with his/her e-mail address, information on these Terms of Service changes will be additionally sent to Client’s e-mail address.
9.4. The amended Terms of Service applies, unless the Client terminates the Agreement within 14 days from the date of receipt of information from the TransactionLink about the change in the Terms of Service.
9.5. In matters not covered by the Terms of Service, the provisions of the Republic of Poland shall apply.