Terms of service

 

Definitions:

Customer	any individual or legal entity using the biznesskaner.pl website.
Report	complete or partial information about a single service/activity type or services/activity types, for selected geographical locations chosen by the customer, originating from the biznesskaner.pl website.
Biznesskaner.pl	a website used for selling Reports related to the analysis of the potential of services/activity types for selected geographical locations through the Internet, along with the option to purchase a Subscription to the Biznesskaner.pl website, in accordance with the current offer available on the Biznesskaner.pl website.
Order	the final stage of the purchasing process on the biznesskaner.pl website, during which the Customer finalizes the purchase of a Report or Subscription service.
Subscription	a service consisting of purchasing temporary access to the Businesskaner.pl website, enabling independent use of the available functionalities of the Businesskaner.pl website for the duration of the Subscription agreement.
Subscription Fee	payment for the Subscription at the applicable rate at the time of entering into the Subscription agreement.
Digital Content	data produced and delivered in digital form.
Digital Service	a service that allows the consumer to: a. generate, process, store, or access data in digital form, b. share data in digital form that has been sent or generated by the consumer or other users of the service, c. engage in other forms of interaction using data in digital form.
Digital Goods	goods containing digital content or a digital service or connected with them in such a way that the absence of digital content or a digital service would prevent its proper functioning.
Digital Environment	computer hardware, software, and network connections used by the consumer to access digital content or a digital service or to use them.
Integration	the combination of digital content or a digital service with elements of the consumer's digital environment and their incorporation into these elements to ensure compliance with the agreement for the provision of digital content or a digital service.
Compatibility	the interaction of digital content, a digital service, or goods with computer hardware or software that is typically used to access digital content, a digital service, or goods of the same kind, without the need for transformation.
Functionality	the ability of digital content, a digital service, or goods to perform their functions considering their purpose.
Interoperability	the ability of digital content, a digital service, or goods to interact with computer hardware or software other than those typically used to access digital content, a digital service, or goods of the same kind.
Consumer	an individual performing a legal act with an entrepreneur not directly related to their economic or professional activity.
Entrepreneur	an individual, legal entity, or unincorporated entity performing a legal act on their own behalf as part of their economic or professional activity, including making purchases in the Store directly related to their economic activity, when using the Store has a professional nature for this person, arising in particular from the subject matter of their economic activity, provided on the basis of the provisions on the Central Register of Information on Economic Activity.
Entrepreneur-Consumer	an individual, including one making purchases in the Store directly related to their economic activity, when using the Store does not have a professional nature for this person, arising in particular from the subject matter of their economic activity, provided on the basis of the provisions on the Central Register of Information on Economic Activity.

 

The biznesskaner.pl website is managed and administered by beChange Sp. z o. o. or Spółka z o. o. (Bizky), former AIP. The company is registered at Al. Ks. Poniatowskiego 1, Building K4, Level 1, 03-901 Warsaw, and is entered in the National Court Register kept by the District Court for the capital city of Warsaw, XII Economic Department of the National Court Register, under the registration number KRS 0000199402, with tax identification number (NIP) 524-24-95-143. It operates within the Future Tech Startup program conducted by Jarosław Błasiak under the AIP Program and is referred to as the "Administrator." The following Terms and Conditions contain regulations regarding the organization of the biznesskaner.pl website. Acceptance of these terms, as well as being 18 years old, is a necessary and indispensable condition for entering into agreements with the Administrator. 

§1

Information and data contained in biznesskaner.pl are obtained by the Administrator from various sources. The main source of data acquisition includes IT companies specializing in data acquisition and aggregation, including spatial data, the website of the Central Statistical Office, publications, the internet, and other publicly available data sources.

§2

Biznesskaner.pl offers Reports that include an analysis of the availability of selected services/activity types in the geographical locations specified by the Customer within the territory of the Republic of Poland.

§3

1. The price of the Report is dependent on the number of selected services/activity types chosen by the customer and the number of additional selected locations used in the analysis.
2. During the process of ordering a Report, the order price is continuously updated and displayed in the lower part of the order form.
3. Prices for Reports, especially for comprehensive analyses, may be individually determined based on a separate agreement concluded between the Customer and the Administrator.
4. The biznesskaner.pl service will inform the customer about a price reduction. Along with the information about the reduced price, the Service will also provide information about the lowest price for the same service that was in effect within 30 days before the introduction of the reduction, in case a reduced price is applied.
5. If a particular service is offered for sale for a period shorter than 30 days, the Service will also display information about the lowest price for that service, which was in effect from the start of offering the mentioned service for sale until the date of the price reduction introduction.

§4

1. The biznesskaner.pl service reserves the right to change the prices of Reports.
2. Information about any price changes, promotions, etc., will be available on the biznesskaner.pl website.

§5

1. All prices are given in Polish zloty and include VAT.

§6

1. The Customer can choose the following payment methods on the biznesskaner.pl website:

• Online payments (through the Stripe service): using a credit card, electronic transfer, or traditional bank transfer.

2. Payment is a requirement for ordering a Report.
3. To access the Report, the Customer needs to register on the biznesskaner.pl website.
4. The Administrator is not responsible for the non-delivery of the email with the Report link.
5. The Administrator is not responsible and does not have an obligation to provide feedback on incorrect email addresses entered by the Customer.

§7

The purchase of a Report is made by making a bank transfer to the designated bank account of the Administrator for the appropriate amount of money.

§8

The Customer is obliged to provide accurate information in the registration form and invoice details.

§9

1. The Customer agrees that the Report delivered by the biznesskaner.pl service is for their exclusive use and the use of their organization, and they will not publish or share the information and data contained in the Report with third parties.
2. The Customer undertakes not to disclose information and data in a manner that could compete with the services of the biznesskaner.pl service.
3. The provisions of this § do not apply to Customers using the biznesskaner.pl service under separate terms specified in separate agreements concluded between the Administrator and the Customer.

§10

1. The biznesskaner.pl service presents an offer for a subscription service, in particular through:

a. Presenting the offer by a Consultant during a phone conversation,

b. Publishing it on the website,

c. Sending it to the Customer's designated email address.

2. Along with the offer, biznesskaner.pl provides information, in particular, about the duration of the Subscription Agreement and payment terms.
3. To enter into a Subscription agreement, an individual accepts the offer from the biznesskaner.pl service by:

a. Email,

b. Placing an order over the phone through a Consultant,

c. SMS.

4. By placing an order, the Customer:

a. Consents to the issuance of a VAT invoice without the recipient's signature,

b. Declares that they have read and accepted the provisions of the Terms and Conditions and Privacy Policy,

c. In the case of an individual, declares that they are placing the order for access to the website directly related to their economic or professional activity.

5. The offer from the biznesskaner.pl service can only be accepted without reservations.
6. The Subscription Agreement comes into effect upon receipt by the biznesskaner.pl service of the Customer's declaration accepting the service's offer.

§11

1. The price of the selected Subscription is indicated at the time of contract formation.
2. The biznesskaner.pl service reserves the right to change the price of the Subscription (for the future) and apply promotional prices for all or selected groups of Customers. Any price change will be published on the biznesskaner.pl website. The price change does not affect the obligations of Users who have accepted these Terms and Conditions along with the indicated price in the Order.
3. The price of the Subscription is payable in advance, in monthly cycles, until the last day of the preceding month for which the payment is due.
4. After the expiration of the Subscription period, unless the Customer expresses their desire to extend the Subscription agreement before its end date, the validity of the Subscription automatically expires, and access to the account will be blocked.
5. The Customer has the right to resign from the Subscription in writing, either via email at biuro@raporty.biznesskaner.pl, by phone, or through the contact form. The resignation from the Subscription can be submitted by the 15th of the given month, with effect from the following month (the date of receipt of the resignation is counted). The resignation notice should include the Customer's identification details.
6. In case of non-payment of the invoice, access to the website will be blocked. Access will be restored only after receiving the payment on the Administrator's account.
7. Non-payment of the Subscription invoice does not imply resignation from the service.
8. Non-payment of the invoice for Subscription renewal does not imply resignation from the service.
9. Access to the website under the selected Subscription is activated upon receipt of the payment on the Administrator's account.
10. Monthly payments for the Subscription should be made to the Administrator's account number: PL 93114010100000515853003010.
11. After recording the payment, an email notification will be sent to the email address provided in the Order Form, confirming the activation of access to the website.

§12

1. All copyrights and ownership rights to the information and data presented on the biznesskaner.pl website belong to the service owner.
2. Copying and using the information and data contained in the Reports provided through biznesskaner.pl for resale or sharing with third parties is prohibited unless the Customer is using the biznesskaner.pl service based on the provisions of a separate agreement concluded between the Customer and the Administrator.

§13

1. The Customer uses the provided information and data at their own exclusive risk, and no claims can be made against the Administrator, including claims for loss of profits or any other incidental, derivative, or indirect damages arising from the use of information and data obtained from the Reports through biznesskaner.pl.
2. The information and data contained in the Reports may not be used in legal or administrative proceedings.

§14

1. The distance selling agreement is concluded between the Customer and the Administrator based on the Customer's Order placed using the form available on the www.biznesskaner.pl website, where the biznesskaner.pl service sells and the Customer purchases the Reports specified in the Order.
2. The agreement is concluded upon payment of the Order.
3. The agreement can be concluded in the following languages: Polish, English.
4. The unit purchase prices of the Reports, applicable at the time of placing the Order, are binding for the Customer and the Administrator.
5. The agreement terminates with the expiration of the access period to the information and data subject to the agreement, i.e., after 7 days from the date of delivering the Report to the Customer.

§15

1. In accordance with the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended), a Customer who is a consumer has the right to withdraw from the concluded agreement in writing without giving any reason within fourteen days from the date of receiving the goods, i.e., from the moment when the Customer took possession of the goods or when a third party other than the carrier indicated by the Customer took possession of the goods.
2. To meet the fourteen-day deadline referred to in paragraph 1, it is sufficient to send a statement of withdrawal before the deadline expires.
3. The statement can be submitted on the form, the template of which is attached to these Terms and Conditions. Using the provided form is optional. The service allows for the possibility of submitting a statement of withdrawal from the agreement electronically to the email address raporty@biuro.biznesskaner.pl.
4. Upon receiving the statement electronically, the Service will promptly send a confirmation of receipt of the statement of withdrawal from the agreement to the Consumer, using a durable medium.
5. According to Article 38 of the Act on consumer rights, the right of withdrawal from a distance contract, as provided by law, does not apply to the Consumer and Entrepreneur-Consumer in the following cases: a. for the provision of services if the entrepreneur has fully performed the service with the explicit consent of the consumer who has been informed before the provision of the service that after the completion of the service by the entrepreneur, the consumer will lose the right of withdrawal from the agreement; b. for contracts where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period; c. for contracts where the subject of the performance is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individual needs; d. for contracts where the subject of the performance is an item that is liable to deteriorate rapidly or has a short shelf-life; e. for contracts where the subject of the performance is an item delivered in a sealed package that cannot be returned once opened due to health protection or hygiene reasons, if the packaging has been opened after delivery.
6. for contracts where the subject of the performance is goods that, due to their nature, become inseparably combined with other goods after delivery;
7. for contracts where the subject of the performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales agreement, and the delivery of which can only take place after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
8. for contracts where the consumer has expressly requested that the entrepreneur visit them for urgent repair or maintenance purposes; if the entrepreneur additionally provides other services than those requested by the consumer, or supplies goods other than spare parts necessary for the repair or maintenance, the right of withdrawal from the agreement applies to the consumer in relation to the additional services or goods;
9. for contracts where the subject of the performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements;
10. for contracts concluded through a public auction;
11. for the provision of services in the field of accommodation, other than for residential purposes, the transportation of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision.
12. for the supply of digital content which is not supplied on a tangible medium, if the consumer has agreed to the commencement of the performance prior to the expiration of the withdrawal period and has acknowledged that they will lose their right of withdrawal once the performance has been fully completed by the entrepreneur, and the entrepreneur has provided the consumer with confirmation as referred to in § 13(4) of the Regulations;
13. for the provision of services, if the consumer has requested the entrepreneur to perform urgent repairs or maintenance at their place of residence and the services have been fully performed with the explicit and prior consent of the consumer, who was informed that they would lose their right of withdrawal once the services have been fully performed.
14. In the event of the customer exercising the right referred to in paragraph 1, the direct cost of returning the goods shall be borne by the customer.
15. In the event of withdrawal from this agreement, all payments received from the customer, including the costs of delivery of the goods (except for additional costs resulting from the customer's choice of a method of delivery other than the least expensive type of standard delivery offered within the service), shall be refunded promptly and in any event no later than 14 days from the day on which the service was informed of the customer's decision to exercise the right of withdrawal from the agreement with the service.
16. The service provider shall make the reimbursement using the same means of payment as the customer used for the initial transaction unless the customer has expressly agreed otherwise, and provided that the customer does not incur any fees as a result of such reimbursement.
17. The service provider may withhold the reimbursement until the goods are received back or until the customer has supplied evidence of having sent back the goods, whichever is the earliest.
18. If the customer, being a consumer, has chosen a type of delivery other than the least expensive type of standard delivery offered by the service provider (referring to the initial delivery to the customer), the service provider is not required to reimburse the additional costs incurred by the customer.
19. The consumer shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
20. The provisions concerning the consumer set forth in this paragraph shall apply to the entrepreneur-consumer (in accordance with Article 7aa of the Act of 30 May 2014 on Consumer Rights).
21. The right to withdraw from a distance contract, as described in this paragraph of the regulations, does not apply to customers who are not consumers or entrepreneur-consumers.
22. The provisions concerning the consumer set forth in this paragraph shall also apply to entrepreneur-consumers (in accordance with Article 7aa of the Act of 30 May 2014 on Consumer Rights).
23. The right to withdraw from a distance contract, as described in this paragraph of the regulations, does not apply to customers who are not consumers or entrepreneur-consumers.
24. Furthermore, in accordance with Article 31(2) of the Act of 30 May 2014 on Consumer Rights, if a consumer or entrepreneur-consumer submits a declaration of withdrawal from the agreement before the service accepts their offer, the offer shall no longer be binding.

§16

1. The template of the report and the instructions for the report are available on the website www.biznesskaner.pl.
2. Prior to placing an order, the customer is obligated to familiarize themselves with the template of the respective report and its instructions.
3. Complaints regarding the biznesskaner.pl service can be submitted to the email address raporty@biuro.biznesskaner.pl. Complaints do not apply to the scope and content of information contained in the Commercial Report or its presentation format.
4. Once the customer has gained access to the purchased Reports, no complaints can be made.

§17

The information contained in the Reports is collected and processed with the utmost care; however, the Foundation does not take responsibility for the reliability of sources or for errors made by correspondents and suppliers involved in the data acquisition process.

§18

The biznesskaner.pl service has a special system that guarantees the quality of the services provided, minimizing the likelihood of errors. In the event of any irregularities being detected, the correction of any errors is carried out promptly.

§19

In the event of the customer's login and password being revealed to unauthorized individuals, it is necessary to immediately notify the support team of biznesskaner.pl by sending an email to raporty@biuro.biznesskaner.pl. Until the receipt of confirmation of the message by biznesskaner.pl, the customer is responsible for any obligations towards the biznesskaner.pl service or the Foundation incurred using the stolen login and password.

§20

Due to the internet security system, the biznesskaner.pl service recommends entering the login and password manually each time without using the option to save passwords.

§21

The customer bears full responsibility for any damages incurred by the Foundation as a result of the customer's violation of the provisions of the biznesskaner.pl service regulations.

§22

In the event of a customer's violation of any of the conditions stated in this Regulations, the biznesskaner.pl service reserves the right to temporarily block the customer's access. This will be done after prior written notification to the customer through an electronic message sent to the email address provided during registration.

§23

The biznesskaner.pl service reserves the right to refuse to process an order without stating a reason.

§24

The electronically generated VAT invoice serves as proof of purchase, which the biznesskaner.pl service commits to issue. The customer agrees to the issuance of the VAT invoice without the customer's signature.

§25

By placing an order on the biznesskaner.pl service, the customer accepts the service regulations as well as the regulations of any ongoing promotions that may apply to the customer.

§26

This Regulations, with subsequent amendments, are effective from January 5, 2023. The Foundation will inform about any changes to this Regulations on the biznesskaner.pl website. The customer may also be notified of these changes in writing to the email address provided by the customer during registration on the biznesskaner.pl service.

§27

1. The provisions of this Regulations shall not exclude or limit any rights of the customer who is also a Consumer or a Consumer-Entrepreneur, which are granted to them by mandatory provisions of law, including in particular the Civil Code. In the event of any inconsistency between the provisions of this Regulations and the above-mentioned laws, the latter shall prevail.
2. Matters not regulated by this Regulations shall be governed by the provisions of Polish law, including in particular the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827 dated 24 June 2014), the Civil Code of 23 April 1964 (Journal of Laws 1964, No. 16, item 93, as amended), and the Act of 18 July 2002 on the Provision of Electronic Services.
3. Information regarding the possibility for the customer who is a Consumer to use out-of-court complaint handling and claim enforcement procedures, as well as the rules of access to these procedures, is available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Regional Inspectorates of the Trade Inspection Authority, and at the following internet addresses of the Office of Competition and Consumer Protection:

• http://www.uokik.gov.pl/spory_konsumenckie.php;
• http://www.uokik.gov.pl/sprawy_indywidualne.php;
• http://www.uokik.gov.pl/wazne_adresy.php;

4. A consumer client has the following options for using alternative, out-of-court dispute resolution methods and pursuing claims:

• They can turn to the Permanent Consumer Arbitration Court operating within the Trade Inspection to request the resolution of a dispute arising from a concluded Sales Agreement.
• They can approach the Voivodeship Inspectorate of the Trade Inspection to initiate mediation proceedings for an amicable resolution of the dispute between the client and the biznesskaner.pl service.
• They can contact the district (city) consumer ombudsman or a social organization dedicated to consumer protection, such as the Federation of Consumers or the Polish Consumers' Association. Advice is provided by the Federation of Consumers through a toll-free consumer helpline at 800 007 707, and by the Polish Consumers' Association via email at porady@dlakonsumentow.pl.
• They can utilize the Online Dispute Resolution (ODR) platform available at http://ec.europa.eu/consumers/odr/.

5. Any disputes arising between the non-consumer or non-consumer Entrepreneur and the Shop will be resolved by the court having jurisdiction over the registered office of the Bizky.
6. Last update: 05.01.2023 Attachments to the Terms and Conditions.

A. INFORMATION REGARDING THE RIGHT OF WITHDRAWAL - WITHDRAWAL NOTICE

Right of withdrawal from the agreement

1. You have the right to withdraw from this agreement within 14 days without giving any reason.
2. The withdrawal period will expire after 14 days from the day on which you acquire the goods, or a third party other than the carrier and indicated by you acquires the goods.
3. To exercise the right of withdrawal, you must inform the person responsible for handling the withdrawal, namely Jarosław Błasiak, email: biuro@biznesskaner.pl, operating within the framework of the beChange Limited Liability company as Future Tech startup, of your decision to withdraw from this agreement by means of an unequivocal statement.
4. To meet the withdrawal deadline, it is sufficient for you to send the information concerning the exercise of your right to withdraw from the agreement before the withdrawal period expires.

Effects of withdrawal from the agreement:

1. In the event of withdrawal from this agreement, we will reimburse you for all payments received from you, including the costs of delivery (excluding any additional costs resulting from your chosen method of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case not later than 14 days from the day on which we are informed about your decision to withdraw from this agreement.
2. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

 

 WITHDRAWAL FORM

Please note that this form should be filled out and sent only if you wish to withdraw from the agreement. The use of this form is optional.

Recipient: Startup Future Tech

beChange Limited Liability company

Ul. Długa 9

05-532 - Baniocha

Email: raporty@biuro.biznesskaner.pl Phone: +48 605 344 885

I/We() hereby inform you about my/our() withdrawal from the sales agreement regarding the following goods() delivery agreement regarding the following goods() or the contract for a work consisting of the execution of the following goods()/provision of the following service(). Date of entering into the agreement()/receipt() Consumer's name(s) Consumer's address Consumer's signature(s) (only if the form is submitted in paper format)

Date()

(*) Delete as appropriate.