OFFER FOR PAID SERVICES
This document is an offer by Genius Rainbow Limited (Suite 504, 5/F, Nathan Centre, 580G-580K, Nathan Road, Kowloon, Hong Kong) (the "Company") to the Internet users registered on https://pl.swapix.com/en (hereinafter referred to as the "Users") to conclude a framework agreement for the provision of services (hereinafter referred to as the "Offer") on the terms and conditions indicated below.
1. SUBJECT MATTER
1.1. The Offer defines the general terms and conditions of the relations that arise between the Company and Users in the provision of marketplace and technical services by the Company that can be further specified on the basis of the Offer by concluding by the Parties of separate agreements ("transactions") on the provision of services (the “Services”) on the website https://pl.swapix.com/en and / or other websites (the "Website"), on which the Company provides services.
1.2. The Offer is a framework contract. Essential conditions of each service transaction on the Website are generated online individually for the User using the web interface on the Website, through which the User selects the service and its parameters (the “Order”). Detailed fees are published in the Terms of Paid Services, containing terms of each particular service, as may be updated form time to time.
2. ACCEPTANCE OF THE OFFER. ORDERING OF SERVICES
2.1. This Offer is considered to be accepted by the User, and the binding contract between the Company and the User is considered to be concluded from the moment of payment by the User for Services under the relevant transaction. The conditions of the Offer are applied to all transactions of the User. The contract constituting the Offer can be concluded only with the User being a capable physical person or a legal entity or an individual entrepreneur duly registered in the order established by the law of the country of their residence.
2.2. Each request by the User of specific Services within the framework of the Offer is an independent transaction for the provision of marketplace and technical services on the Website. The transaction can be concluded with respect to the Services offered on the Website and available for order and payment at the time of the User's request for particular type of Service.
2.3. The payment for Services is recognized as an acceptance by the User of a proposal to conclude a transaction on the terms of the Offer and of the additional rules, containing terms of the particular Service.
2.4. Request by the User for services is carried out according to the current version of the terms of the respective Service and the current version of the Offer placed on the Website at the time of ordering the Services. Order is made out online.
2.5. The User agrees that the fact of the performance of certain actions on the Website, including using professional technical tools, autoloading, execution of commands through the interface elements of the Website (clicking buttons, clicks), making payments and other similar actions, constitute the will of the User in respect of the Order and activation of Services in accordance with the parameters of the Services indicated on the Website and their price.
3. GENERAL TERMS OF SERVICE
3.2. The condition for the User to receive the Services is making payment for them and the User's compliance with the Website Rules set forth in the documents listed below, as well as in the instructions and explanations provided in the interface of the Website:
3.2.2. Document containing terms and fees of each particular service on the Website, located in a special section at: https://pl.swapix.com/page/offer-for-services (hereinafter – «Terms of Paid Services»);
3.2.3. Documents, establishing the requirements for Ads on the Website:
https://pl.swapix.com/en/page/ad-submission-rules (hereinafter – «Ad Submission Rules»);
https://pl.swapix.com/en/page/prohibited-products (hereinafter – «Prohibited Items»).
3.3. The Company's obligation to provide the Services in accordance with the User's Orders are counterbound to the User's obligations to comply with the Website Rules and to pay for the Services. In the event of non-fulfillment by the User of these obligations, the Company may suspend or refuse to provide the Services in the relevant part.
3.4. The Company renders the Services to the User if it is possible to provide them, which is determined, inter alia, by the abidance by the User of the Website Rules. The purpose of the Website Rules is regulating the behavior of the Users of the Website, without observance of which normal functioning of the Website as an online bulletin board for goods, services and other offers is not possible, and the User understands that failure to comply with the Website Rules may lead to the impossibility of fulfilling the Company's obligations to provide appropriate Services.
3.5. Due to the nature of the Services offered by the Company aimed at meeting the individual needs of Users for the promotion of goods, works, services and other offers, within the framework of the Offer the Company does not assume the responsibility for providing the Services to each person who requests it and can refuse to provide the Services to the User, if such rendering will violate the Website Rules.
3.6. Some Services on the Website can be accessed only for certain categories of Users, for example, professional Users using the Website to carry out their business activities.
3.7. Terms for the provision of specific Services within the framework of the Offer, including their nature, scope and timing are determined in appropriate sections of the Terms of Paid Services and by rules and requirements presented in the interface of the Website.
3.8. The Services provided on the Website may be amended, supplemented, updated, and therefore their use is offered in the "as is" mode, that is, in the form and extent, as they are provided by the Company at the time of Users' access to the Services of the Website.
3.9. The Company has the right to send to the User information related to the implementation of this Offer or any of the transactions concluded within the framework of the Offer, including notifications of the status of the Service, the methods of renewal and other informational messages, using the contact details available in its Personal Account on the Website, via SMS or by e-mail.
3.10. The User undertakes to comply with the requirements of the current legislation of the https://pl.swapix.com/en, the Website Rules, as well as the instructions presented in the interface of the Website when using the Services.
3.11. At the request of the Company, the User is obliged to provide the information and documents necessary to identify the User as a party to the contract in the event the User sends to the Company requests and other applications related to the provision of the Services on the Website. In addition, the Company has the right to independently verify the User as a party to the contract by verifying the details specified by the User in their Personal Account on the Website with the details of the payer, as well as in other ways.
3.12. Actions performed with the use of the User's login and password are recognized by the Parties as committed by the User and having the force of a simple electronic signature.
4. PRICE AND SETTLEMENT
4.1. The cost of the Service chosen by the User when concluding a transaction within the framework of the Offer is determined on the basis of its characteristics (the type of Service, the composition of the Service Package and other parameters) and is notified to the User via the user interface on the Website at the completion of the Order, unless otherwise provided by the terms of the respective Service. The price includes any applicable taxes. Payment for the Services is carried out at prices valid at the time of payment.
4.2. The User can make payment for the Services in one of the ways presented in the interface on the Website at the time of ordering the Services. The User at their own discretion makes the choice and use of the method of payment for the Services from the methods offered on the Website at the time of payment.
4.3. A Professional User (a legal entity, an individual entrepreneur) may also pay using a corporate bank card, issued for the relevant legal entity or individual entrepreneur.
4.4. The Order of the Services must be paid at once by one method only. Payment for one Order at several installments or by several methods is not provided.
4.5. Within the framework of carrying out promotional events or in other cases at the sole decision of the Company, bonuses may be granted to the User. The use of bonuses is provided in the form of a discount on the cost of Services when they are paid. The receipt of a cash equivalent of the bonuses is not allowed. Such promotional events and conditions for granting bonuses are governed by special section of the Terms of Paid Services.
4.6. The fact of providing the User with the Services on the Website and their volume is determined based on the statistical data of the Company's accounting system.
4.7. In the event that the Company does not receive written motivated objections from the User regarding the Services within five (5) days, Services are deemed rendered by the Company properly and accepted by the User in full.
4.8. Risk of not receiving any notices lies with the User. The Company is not responsible for the delay or failure to receive notices by the User, if this is the result of a malfunction of the communication systems, the actions / omissions of providers, telecom operators, loss of access to the Personal Account or other circumstances beyond the control of the Company.
4.9. The name, legal address, postal address, registered number, taxation number, contact and other information in payment documents made by the Company shall be indicated in accordance with the details that the User provides in the Personal Account.
4.10. The User is solely responsible for the correctness of the User data specified in the Personal Account. In the event of a change in the details of the User, the User must promptly make appropriate changes in the Personal Account, and in case of impossibility to change such data, notify the Company of such changes via the Website Support Service with the application, at the request of the Company, of documents confirming such changes.
4.11. The Company has the right to verify the correctness of the User's details specified in the Personal Account by reconciling with the data contained in the publicly available official sources and, in the presence of discrepancies, correct the corresponding data using the tax or registered number specified by the User.
5.1. The Company undertakes to make all reasonable efforts for the proper provision of the Services, but can not be held liable and will not compensate for the User's losses in the event that the User can not use the Services for the following reasons:
- technological malfunctions of public communication channels through which access to the Services is effected, User's loss of access to the Internet for any reason, errors, omissions, interruptions in work or data transfer, communication line defects and other technical failures;
- unauthorized interference of third parties in the work of the Website, including hacker attacks, DDoS attacks, virus programs and other violations of the functioning of the Website.
- the loss by the User of access to the Personal Account, including if there are signs of unauthorized use;
- in cases falling under the definition of force majeure circumstances.
5.2. In case of causing losses to the User through the fault of the Company, liability of the Company is determined in accordance with the Offer and the procedure provided for by the applicable legislation. At the same time, the Company's liability to professional Users shall not exceed the cost of the Services ordered and paid by the User but not received through the fault of the Company.
5.3. The Company is not liable to the User for losses incurred by the User not through the fault of the Company, including in connection with the violation of the Website Rules by the User.
5.5. The User is responsible for any actions performed using the User's login and password on the Website, e-mail addresses, phone numbers (including actions of employees and third parties), as well as the safety of their login and password and for losses that may arise from on unauthorized use of the User's Personal Account.
5.6. In case of theft or loss of login and password, the User shall take the necessary steps to change the password for access to the Personal Account. The Company is not liable for the actions of third parties, which resulted in theft or loss of the User's login and password, as well as any costs, damages or loss of profit that the User incurred in connection with unauthorized third-party access to the User's Personal Account.
5.7. The Company does not guarantee the compliance of the Services on the Website with the User's expectations and the receipt by the User of responses of visitors to posted Ads in connection with the receipt of the Services on the Website.
6. DISPUTE RESOLUTION
6.1. Disputes arising within the framework of this Offer shall be referred to and finally resolved by:
(i) the court of the relevant jurisdiction in accordance with the applicable law in the case the User is a physical person, and
(ii) in the case the User is a legal entity or an individual entrepreneur - by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed USD 100,000. Where the amount in dispute exceeds USD 100,000 the Arbitration Rules shall apply. The Arbitral Tribunal shall be composed of a sole arbitrator where the amount in dispute does not exceed USD 1,000,000. Where the amount in dispute exceeds USD 1,000,000, the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claims made in the Request for Arbitration and any counterclaims made in the Answer to the Request for Arbitration. The Parties hereto agree that, as a general principle, the losing Party of any arbitration shall pay all costs and expenses of the arbitration including all reasonable costs, fees and expenses of the other Party and the other Party's counsel. The seat of arbitration shall be Stockholm. The arbitration proceedings shall be conducted in the English language and the award shall be in English.
6.2. Before applying to arbitrage, a User registered on the Website as a legal entity or individual entrepreneur must comply with the pre-trial procedure for resolving disputes by sending a written claim to the Company, accompanied by documents confirming the circumstances and demands referred to by the User. The period for consideration of such claims shall be no more than 30 (Thirty) days from the receipt of the claim by the Company. In the event that the User does not receive a response from the Company to the claim within the specified time or in the event of the Company's refusal to satisfy the reasonable claims of the User, the User has the right to apply to the arbitrage.
7.1. The contract comes into force from the moment of its conclusion in accordance with the procedure specified in section 2 of the Offer and shall remain in effect for an indefinite period until the moment of its termination in accordance with the Offer and the law.
7.2. The Company has the right to amend or supplement the terms of the Offer or other Website Rules, to the extent permitted by applicable law, and to withdraw the Offer at any time. The date of change of the Offer is the date of publication on the Website of the new edition of the Offer. The User should familiarize themselves with the current version of the Offer placed on the Website and with the terms of each transaction before placing the Order and completing the transaction.
7.3. Ordering the Services and making a transaction by the User within the framework of the Offer after the changes in the Offer come into effect means that the Parties have agreed to make appropriate changes or additions to the Offer. Such changes do not apply to the Services ordered and paid by the User earlier, before the changes in the Offer come into force.
7.4. The Company is entitled to early terminate the Offer in the manner provided by the applicable legislation, with notification of the User through the Website interface, to the e-mail address or otherwise, and in the cases of violation by the User of the Website Rules – immediately with subsequent notification.
7.5. The Offer may also be early terminated at the User's initiative by deleting their Personal Account through the Website interface.
8. DETAILS OF THE COMPANY