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Umowa z użytkownikiem

Last updated on May 11, 2022

The following Terms of Use (these “Terms”, “Terms of Use”), govern Your (Client or Service Provider) access to and use of Otomistrz Platform (the “Platform”, “Otomistrz”), including any content, functionality and Services offered on or through site https://otomistrz.pl/ (the “Site”) by Unitra Ltd. (registered address: 25 Martiou, 27, D. Michael Tower, Flat/Office 105 A, Egkomi, 2408, Nicosia, Cyprus, as applicable (referred herein as “Unitra”, “We”, “Our”, “Ours” or “Us” “Otomistrz”).

Please read the Terms of Use carefully before You start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, You accept and agree, on behalf of Yourself to be bound and abide by these Terms of Use and our Privacy Policy. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use the Platform.

By using this Platform, You represent and warrant that You are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Platform.

If You have any questions related to Your use of our Platform, please contact Us at the following email: [email protected] or using the form “Contact us”.

1. Definitions

“Clients” – are individuals and/or businesses seeking to obtain short-term and/or long-term services from Service Providers and using our Platform without registration.
“Client’s requests” shall mean the request for services/work sent by the Clients on the Otomistrz Platform.
“Services Providers” – are individuals seeking to perform Services for Clients.
“Services” – shall mean the services/works which Service Providers agree to perform for Client based on the mutual agreement between each other and accordingly to Service Provider’s specialization and skills.
“Subscription Fees” shall mean the amount of money payable by Service Providers to Us according to the pricing page on our Platform: https://wykonawcy.otomistrz.pl/
“Otomistrz Account”, “Account”, “Service Provider Account” shall mean online Otomistrz account for using Otomistrz Platform created by the Service Provider.
“Otomistrz Platform” is a web-based platform available on the Site https://otomistrz.pl/, which enables connections between Clients and Service Providers.
“Subscription Tariff” shall mean tariff which Service Provider use to access to Otomistrz Platform.
“Personal Data” shall mean certain information that identifies You, as a specific individual or can be used to contact or identify You.
“Site” shall mean our website at: https://otomistrz.pl/
“Privacy Settings” shall mean privacy settings section in Otomistrz Account, where Service Provider may realize all his/her privacy rights accordingly to GDPR.

2. Introduction

Otomistrzs Platform is a web-based platform available on the Site https://otomistrz.pl/, which enables connections between Clients and Service Providers.

Service Providers are representatives of independent business owners or individuals. Service Providers are independent contractors and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Otomistrz Platform.

3. Registration on the Platform

1) Platform for Service Providers

We have only registration form for Service Providers, who want to use our Platform to promote their Services and to find Clients. And if You would like to become a Service Provider You should register in Service Provider registration form.

We have one simple step of the registration after which You will receive access to the Otomistrz Account.

1. In order to have access to Otomistrz Platform as a Service Provider, You need to register Your Account with the registration page. During the registration we will ask You to provide us with Your Personal data by filling the information in registration form. You will be asked to fill all mandatory fields with Your Personal Data. After You submit Your request to register You as Service Provider, You will receive the confirmation code on the provided phone number to identify You. After clicking “Confirm Code” You will be able to log in into Account and use Otomistrz Platform as a Service Provider.

Please note, by registering on the Platform, You will be asked to accept and/or agree to our Terms of Use and Privacy Policy. If You do not agree with (or cannot comply with) this Terms of Use and Privacy Policy, then You may not use our Platform.

After finishing registration process, You will be able to see the list of Clients’ requests, upgrade Your Subscription Tariff (by default, You have Free tariff) and fill all additional fields with Your Personal Data in “Settings” section in Your Account.

In consideration of Your use of the Platform, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service Provider’s registration form and (b) maintain and promptly update the Service Provider Data to keep it true, accurate and complete.

If You provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate Your account and refuse any future use of the Platform (or any portion thereof).

You are responsible for all content that You transmit or otherwise make available to our Platform. Please note that it’s forbidden to post any inappropriate content like fake information, any offences, spam, etc., and we have the right to delate such information.

Your access to and use of this Platform may be monitored, edited or delated by Otomistrz, including but not limited to, for the purpose of identifying illegal or unauthorized activities.

Bear in mind that You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to immediately notify us of any unauthorized use of Your password or account and of any other breach of security. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.

All personally identifiable information collected from You is governed by our Privacy Policy.

2) Platform for Clients

If You would like to become a Client, You may use our Platform to find Service Providers directly who may perform required Services. To become a Client, You do not need to register Account on our Platform.

Contacting our Service Providers directly You are solely responsible for all negotiations between You and Service Provider. Unitra is not responsible for the performance or communications of between Clients and Service Providers, nor does we have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Service Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions/omissions or of any ratings or reviews provided by Clients with respect to each other.

Please note that by using our Platform You agree with this Terms of Use and our Privacy Policy. If You do not agree with (or cannot comply with) this Terms of Use and Privacy Policy, then You may not use our Platform.

To learn more about the collection, storage and transfer of Your Personal data, please read our Privacy Policy.

You are solely responsible for all activity in connection with access to the Platform, and for the security of Your computer systems, and in no event shall we be liable for any loss or damages relating to such activity.

4. Representations and Warranties

All Clients represent and warrant that:

  • You are at least of the legally required age in the jurisdiction in which You reside and are otherwise capable of entering into binding contracts;
  • You have the right, authority and capacity to enter into this Terms and to be bound by the terms and conditions of this Terms;
  • You have read, understand, and agree to be bound by these Terms and the Privacy Policy, and applicable law to the country where the Service is performed;
  • When using or accessing the Platform, You will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
  • Where You enter into this Terms on behalf of a company or other organization, You represent and warrant that You have authority to act on behalf of that entity and to bind that entity to this Terms.

All Service Providers represent and warrant that:

  • When accessing the Platform, You are operating as an individual, sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
  • You have all business licenses or business tax registration as required in the jurisdiction in which You will be performing Services;
  • You have any and all insurance required to operate Your business and provide Your services;
  • You will perform the Service(s) as agreed upon with Your Client; and providing timely, high-quality Services to Your Clients;
  • You will only offer and provide Services for which You have the necessary skills and expertise and provide those services safely and in accordance with all applicable laws.
  • You operate as independent Service Providers and are customarily engaged in an independently established business of the same nature as that involved in the Services performed for Clients through the Platform.
  • Service Providers provide Services under their own name or business name, and not under Otomistrz’ name.
  • You provide Your own tools and supplies to perform Services. You are free to accept or reject Clients and contracts. You can set Your own rates for works and services performed.
  • You are fully responsible for exercising Your own business judgment in entering into Service Agreements and performing Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
  • You are fully responsible to the Clients for all the provided Services, its quality and completeness and timeliness.

Otomistrz represents and warrants that:

  • We are operating as a web-based platform that connects Clients with Service Providers who wish to perform Services. We do not perform any Services and does not employ individuals to perform Services.
  • We are not responsible for the performance or communications of Clients and Service Providers, nor does we have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Service Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions/omissions, or of any ratings or reviews provided by Users with respect to each other.
  • We make no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or provided by, or the communications of or between, Clients identified through the Platform, whether in public or private, via on- or off-line interactions.
  • We do not supervise, scope, direct, control or monitor a Service Provider’s work and bears no responsibility for the Services performed, including but not limited to a warranty or condition of quality of Services performed or fitness for a particular purpose, as well as compliance with any law.
  • We are not an employment agency service or business and not an employer of any Service Provider.
  • We take no responsibility in case Clients refuse to make payment for Services provided by Service Providers. We are not obligated to compensate Service Provider for Client’s failure to pay for Service. We are not obligated to compensate fees or provide services the Client if Service Provider’s failure to perform the Service.

5. Contract between Clients and Service Providers

You acknowledge and agree that a legally binding contract (the “Service Agreement”) between You as a Client and Service Provider is formed when You directly agree on the terms of required Services between each other.

Otomistrz is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Client and the Service Provider. Otomistrz’s role is limited to enabling connections between Clients and Service Providers via its web-based Platform.

6. Fees, Payments and Trial Periods

1) Payments between Clients and Service Providers

Payment for Service(s) provided by the Service Provider for the Client is made directly from the Client to the Service Provider in accordance with the payment procedure and details specified in the Service Agreement or their mutual agreement. We are not obligated to compensate Service Provider for Client’s failure to pay for Service. We are not obligated to compensate fees or provide services the Client if Service Provider’s failure to perform the Service.

2) Payments between Otomistrz and Service Providers

Billing.

In order to start using Otomistrz as a Service Provider You need to finish the registration process. After the registration You will be asked to choose Your Subscription Tariff. In case You choose Your paid Subscription Tariff, You will be redirected to payment page. The amounts of Subscription Fees and information about Subscription Tariff are stipulated on our Platform and can be found in Service Provider’s Otomistrz Account in section “Subscriptions”.

 

Subscription Tariff.

Otomistrz Platform provides following Subscription Tariff:

Free tariff. Otomistrz Platform’s tariff, which give free access to the Platform for Service Providers. The functionality with this tariff may be limited for some features. To use Otomistrz Platform with all the functionality, please, use Light start tariff.

Light start tariff. Otomistrz Platform’s tariff, which give paid access to the Platform for Service Providers. Purchase of this tariff provide 20 tokens, which may be used during 3 (three) months. Choosing this tariff will provide Service Providers with the opportunity to see all contact information from Client request and potential Clients.

You can learn more about the Subscription Tariff on the pricing page on our Platform: https://wykonawcy.otomistrz.pl/.

Cancellation policy

We have NO cancellations or refunds (prorated or otherwise). In the interest of fairness to all of our Service Providers, no exceptions will be made.

If You purchased paid tariff, You will have access to Your Otomistrz Account, and will be able to use Your tokens till the end of the tariff (3 months). After Your Subscription Tariff is end, Your payment for Light start tariff will be changed on Free tariff.

Payment methods

You may pay for the Otomistrz account at the Platform using a credit card and or bank wire transfer. In case of bank wire transfer, We will provide You with the invoice containing valid, up-to-date and complete banking details and Your order details upon Your request.

We do not process any payment Data. You acknowledge that all Your payments are processed by our payment provider – Paysafe, that is responsible for all the issues regarding Your money transfer, and in no case shall We be liable for any of Your money transaction processing. Before making payment, We recommend You to review carefully our payment processor’s terms of use.

All amounts and subscription fees stated or referred to in this Terms shall be payable in Polish Zloty (PLN). All fees paid by You for the Otomistrz Platform including Subscription Fees are non-cancellable and non-refundable.

Renewal

We have no renewals.
In case Your paid tariff is ended, You will need to upgrade Your account for paid tariff manually.

Failed charges; Suspension

If Your credit card on file is closed or the information is changed, or if, for any reason, a charge is rejected, You shall use another payment option or contact Your bank. You will be able to get access to paid tariff only upon successful payment.

7. License

In course of use our Platform we grant You a limited license to access and make personal use of our Platform and/or viewing the content published on the Platform and Site. You are not allowed to download modify or duplicate it. This may be done only with written consent from us.

By publishing Your Client request and/or contacting (by Contact form, email, phone) to Otomistrz, You assign to Otomistrz and Unitra Ltd., free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such request, including without limitation the right to sublicense or assign any of the foregoing.

If You give us any information, for example recommendations for improvements or features, or feedback for Service Providers work, such information will be deemed non-confidential and non-proprietary and implementation of that information is owned by us and may become part of the Platform without compensation to you.

We reserve all rights in and to the Platform unless we expressly state otherwise.

You agree, however, that (i) by submitting unsolicited ideas to Otomistrz, You automatically forfeit Your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to Otomistrz or any of its employees or representatives automatically become the property of Otomistrz. You agree that any information You provide via the Site shall be deemed to be non-confidential. Otomistrz shall be free to use such information on an unrestricted basis.

You are responsible for the information and other content You submit to us, including, without limitation, their truthfulness and accuracy.

Please note that by sending us Clients’ requests, contacting us, and using our Platform You agree with our Terms of Use and Privacy Policy. If You do not agree with (or cannot comply with) this Terms of Use and Privacy Policy, then You may not use our Platform.

8. Intellectual Property Rights

You acknowledge and agree that all rights in and to our Platform, content published on this Platform and Site, including but not limited to functionality all information, software, text, displays, images, video and audio, and the design, selection, and arrangement, visual interface, digital downloads, text materials, graphics, logos and all other elements of the Platform are and shall remain our sole property.

The Terms permit You to use our Platform for Your personal use only. Any commercial use of unauthorized person without written notice is forbidden.

9. Restrictions

You shall use the Platform in full compliance with the terms of this Terms of Use. As a condition of Your use of the Platform, You will not use the Platform for any purpose that is unlawful or prohibited by this Terms of Use. You may not use the Platform in any manner that could damage, disable, overburden, or impair Unitra or the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform.

Moreover, You agree not to use the Platform to: (a) upload or distribute any computer viruses, worms, malicious code or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders or scrapers); (c) disable, overburden, impair or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Platform.

10. Limitation of liability

In no event Otomistrz and Unitra shall nor any of its officers, directors, employees and contractors shall be held liable for anything arising out of or in any way connected with Your use of this Platform whether such liability is under contract. Otomistrz and Unitra, including its officers, directors, employees and contractors shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to Your use of this Platform.

11. Indemnification

You shall indemnify, release and hold harmless the Otomistrz and Unitra, and its parents, subsidiaries, affiliates, licensors and suppliers, and each of their respective officers, directors, employees and agents, from and against any loss, liability (including settlements, judgments, fines and penalties) and costs (including reasonable attorney fees, court costs and other litigation expenses) relating to any claim or demand made by any third party due to or arising out of Your access to the Platform, violation of this Terms, or infringement of any intellectual property or other right of any person or entity.

12. No warranties

The Platform is provided “as is” and “as available” with all faults, and We express no representations or warranties, of any kind related to this Platform or content published on this Platform or Site. The indemnitees do not warrant the accuracy or completeness of the communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the communications.

We do not make any statements or give any warranties about the results obtained by using Platform and Site, the specific function of the Platform or its reliability, availability, accuracy or ability to meet Your needs. We do not warrant that access to the Platform or Site will be uninterrupted or error-free, or that defects in the Platform or Site will be corrected.

13. No Use by Minor

The Platform is intended only for access and use by adults. By accessing or using any of the Platform, You warrant and represent that You are adults and with the full authority, right, and capacity to enter into this Terms of Use and abide by all of the terms and conditions of the Terms. If You are the minor, You are prohibited from both the access and usage of the Platform.

14. Applicable Law and Disputes

By using this Platform, You agree that the Cyprus laws will govern these Terms of Use, or any dispute of any sort that might come between us and you.

All disputes related to these Terms of Use shall be resolved by negotiations between us and you, and we shall make all efforts to resolve the dispute. If we fail to reach consent, the disputes shall be resolved the Cyprus courts.

15. Modification of this Terms of Use.

We reserve the right to change these Terms of Use. We may notify You about such changes in this Terms of Use, through notification on the Platform. The updates become legally binding after the posting of the renewed Terms on the Platform.

If You have any questions related to Your use of our Platform, please contact us at the email: [email protected] or contact us by phone: +48 (573) 569 220