Terms of Use of the FORDATA Website

I. General Provisions

This document sets out the terms of use of the FORDATA Website, including terms by which the contract of use of the VDR System and the use of Forms placed on the Website is entered into. The Website contains only information and commercial content.

II. Definitions

Terms used in these Terms of Use mean:
1. Website – The Website run under fordatagroup.com domain
2. Website Operator – FORDATA Sp. z o.o. (hereinafter referred to as FORDATA ) with its registered office in Poznań, Taczaka 24, 61-819 Poznań, entered into the Register of Entrepreneurs kept by the Poznań District Court, VIII Commercial Department – National Court Register under the number 0000324804, with the Tax Identification Number: 634-270-95-49, REGON: 241110970. Email address used for contact on matters related to the Website is office@fordatagroup.com, phone number: +48 61 660 15 10
3. User – a person using the Website to view the Operator’s offer placed on the Website, obtain information, make an appointment or a person authorized to conclude a contract of the VDR System use in a specific plan, including contracts of the VDR System use for testing purposes.
4. Form – a form in which Website Users provide the necessary information and data to obtain information, make an appointment, conclude a contract or other purposes specified by the Operator.
5. VDR System – Virtual Data Room system enabling storage and access to documents and other materials placed by entities authorized to use the VDR System under a concluded contract.
6. Terms of Use – this document.

III. Type of services provided on the Website

1. The Operator provides services on the Website which enable:

a) User’s contact with the Operator via Forms,
b) concluding an online contract for the use of the VDR System for testing purposes for a period of 14 days,
c) purchase of the VDR System on-line in the options specified on the Website, under the conditions specified in the contract for the provision of FORDATA Virtual Data Room service (on-line version) and the VDR Terms and Conditions.

2. The Operator allows the use of the following Forms on the Website:
a) Order form for an individual quote for the use of the VDR System,
b) Order Form for a free presentation of VDR System (Demo version),
c) Order Form for free use of the VDR System for a period of 14 days on the principles set out in the VDR Terms and Conditions (Trial version),
d) Contract Form for a purchase of VDR System,
e) Subscription Form for receiving marketing materials (newsletter),
f) Contact Form via chatbot.

3. In order to use the Forms, the User shall perform actions which include:
a) completing the Form by providing the data specified in the form,
b) confirmation of willingness to contact by clicking on the appropriate link contained in the Contact Form.

4. The User is obliged to use the Forms in accordance with the law, the provisions of these Conditions and good practice.

5. The contract for the use of the VDR System follows the conditions specified in the FORDATA VDR System Agreement (on-line version), containing the provisions on entrusting the processing of personal data. The agreement shall be concluded after completing the following steps: a) selecting individual services offered by the Operator, b) providing User’s data necessary to conclude the Agreement, c) clicking the “Confirm Purchase” button, which sends an Order to the Operator for selected services. A copy of the Order is sent to the User to the e-mail address he provided.

6. The contract will be concluded for the period indicated in the Order, upon confirmation of the Order by the User, by clicking the “Confirm Purchase” button.

7. The date of commencing the provision of the VDR Service is deemed to be the moment of providing the User or designated persons with the login to access the VDR System. The login will be provided to the customer within max. 3 (three) hours from the conclusion of the VDR System Agreement. In the case of Agreements concluded on weekends, public holidays or on a business day after 5.00 pm CET, access login will be provided on the next business day.

8. The access login to the VDR System will be provided to the User after payment for the Service. If the User does not make a payment for the Service, in accordance with the Order, the Operator is entitled to withdraw from the Agreement through the fault of the User. The Agreement’s remaining provisions are governed by the VDR System Agreement and the VDR System Terms&Conditions.

9. The contract for the use of the VDR System for the testing period comes into effect after providing an e-mail address and telephone number in the Form by the User and clicking the “Test for free” button.

10. User will receive first login credentials, along with instructions on how to use the VDR System during the test period, to the e-mail address provided by the User.

11. The contract for use of the VDR System for the testing period lasts 14 days, counting from the date of sending to the User login credentials to the VDR System. The contract is concluded under the conditions specified in the VDR System Terms&Conditions and is free of charge.

IV. Technical requirements for using the Website

Using the Website is possible via a computer and other devices which enable internet browsing, have appropriate software, including a web browser. The website has been optimized for the following technical parameters:
a) Browser: Google Chrome 56+, Mozilla Firefox 51+, Internet Explorer 11, Safari 10+, Opera 2017+
b) Resolution: 1366 × 768 +
c) Operating system: Microsoft Windows 8+, OSX / MacOS 10.7+
d) Hardware requirements: Intel Core i3+ processor or compatible, 2+ GB RAM

V. Prohibited content

1. The User will not provide false personal data, as well as personal data of another person without their permission, and will not provide an email address which he does not own. Users are solely responsible for the content of the data they provide, including liability for any violation of a right of a third party.

2. It is forbidden to publish, post or act to post anywhere on the Website any content that:
• infringes personal rights of third parties,
• constitutes an act of unfair competition,
• vulgar, offensive
• sexual,
• false, against law or indecent,
• is threatening or abusive,
• is calling for illegal activities,
• contains references to the political situation or religion,
• is a link to other websites,
• has a negative impact on the Website, the Operator or other Users

VI. Security

1. The use of the Website and its functionalities should only take place in accordance with its intended purpose. Users undertake not to take any action that may interfere with the normal operation of the Website, including a change, overload, circumvent or break of security of the Website or the payment system located on the Website, modify or access content or data to which they would not have access as part of the normal use of the Website or payment system, neither by themselves, nor with the participation of third parties.

2. The Operator also warns that the use of services provided electronically involves risks typical of the Internet environment, such as:
a) Spam;
b) Viruses;
c) Trojan Horses;
d) Hacker attacks.

3. The operator shall take steps to eliminate the threats referred to in paragraph 2, in particular through:
a) control of files saved on the server using anti-virus and anti-malware software and detecting third party activities;
b) preventing the spread of spam.

VII. Website Operator's Responsibility

1. The Operator declares that it shall make every effort to ensure the correct operation of the Website, its completeness and suitability for achieving the objectives set out in these Conditions. The Operator is not responsible in particular for:
a) any damages to the User, caused by incorrect saving or viewing of messages and websites on the User’s part;
b) spam, viruses, Trojan horses and other threats related to the Internet environment, if they are not the result of a Website-related infection;
c) interruptions in the functioning of the Website caused by User actions contrary to these Terms of Use or generally applicable law, as well as incorrect use of the Website;
d) damages caused by the User’s actions in breach of these Terms of Use or the generally applicable law, as well as incorrect use of the Website;
e) damages resulting from the Users’ use of data and information contained on the Website in an unlawful manner.

2. The Website Operator is not responsible for the User’s decisions and their consequences, which were made on the basis of information obtained on the Website or from the Operator.

3. The Website Operator declares that all information published on the Website:
a) is of informative and subjective value,
b) is not legal advice,
c) cannot be the basis for any claims against the Website Operator.

VIII. Processing of personal data by the Website Operator

Personal data contained in the Forms is processed in accordance with the Website’s Privacy Policy, and as far as the conclusion of the contract for the VDR System is concerned, including contracts for the use of the VDR System for testing purposes, personal data is processed in accordance with the Privacy Policy of the VDR System.

IX. Intellectual property

1. By using the Website, the User undertakes to use it only in a manner consistent with applicable law, principles of social co-existence in respect of intellectual property rights.

2. The Website presents information about the Operator and its offer, about projects for individual clients, as well as materials regarding the issues of services provided by the Operator.

3. The Website contains trademarks, trade names, logos registered both by FORDATA, as well as third parties and companies. They were used solely to identify them. By making them visible on the Website, the Operator does not grant licenses to use them in any way. Text and graphic materials and IT solutions contained on the Website are protected by law, in particular the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Polish Journal of Laws No. 24, item 83, as amended). No list of services presented on the Website constitutes an offer as defined in provisions of art. 66 of the Civil Code and art. 12 of business activity act.

4. The Operator grants the right to browse the Website’s pages, print and copy parts of the Website for personal use only.

X. Complaints

1. All complaints related to the functioning of the Website should be directed to the Operator to the email address: office@fordatagroup.com

2. The complaint should contain:
a) The User’s comments regarding the Website;
b) User’s contact details enabling response to the complaint.

3. Complaints submitted by the Users will be considered within 14 business days of their submission.

4. The Operator reserves the right to request the User who made a complaint to provide additional information (supplementary information) or explanations within 7 (seven) days from the moment of contacting the complaining User.

5. Complaints contrary to the provisions of these Terms of Use or complaints to which the Operator has not received supplementary information from the User within the period referred to in paragraph 4, shall be left without consideration, of which the Operator will inform the applicant.

6. The Operator’s decisions in matters related to complaints are final and not subject to appeal.

XI. Final provisions

1. The Website Operator reserves the right to change the provisions of these Terms of Use at any time. The changes come into force when the content of the amended Terms of Use is posted on the website.

2. The current version of the regulations is always available to Users under the tab https://fordatagroup.com/.

3. The Website Operator reserves the right to completely cease the offering of services on the Website at any time, for any reason.

4. Using the Website may be terminated at any time by leaving the website. This does not apply to contracts for use of the VDR System, which is regulated by the provisions of the contract for use of FORDATA Virtual Data Room service (on-line version), terms of use of the VDR System and contracts for use of the VDR System for testing purposes, regulated by the provisions of the terms of use of the VDR System. The termination of the use of the Forms after their submission may occur at any time after sending the information to the Operator to the address: office@fordatagroup.com

5. To all matters not settled herein relevant applicable provisions of law in force in Poland shall apply, including in particular the Civil Code and the Act on Rendering Electronic Services.

6. Any disputes arising from these regulations or provided electronic services may be resolved by mediation with the consent of the Parties. In other cases, disputes are resolved by a locally and materially competent court of general jurisdiction. The User who is a consumer is entitled to use out-of-court settlement of disputes and claim assertion before the Permanent Consumer Arbitration Court (more information: http://www.uokik.gov.pl/spory_konsumenckie.php).

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