§1. General provisions
Terms of Use ( The "BILLIONAIRE NUMBERS - WIN” Application Regulations) In the event of doubt in regards to the interpretation of these Terms of Use, the Polish version shall prevail. version 1, valid with effect from 07.04.2023.
1. The primary goal of the Website is to enable Users to access digital content (audiovisual materials) as part of the Subscription.
2. The content available under the Subscription is of an advisory nature and shall not constitute a guarantee of the
effectiveness of actions taken on its basis.
3. The Service Provider shall provide Services in accordance with the Terms and Conditions and the provisions of
generally applicable law.
4. The webpage of the Website shall operate 24 hours a day, 7 days a week. As part of the activity, the Service Provider shall
serve customers and receive messages on working days from 10.00 a.m. to 6:00 p.m. in the time zone GMT + 2.
5. The Service Provider shall make these Terms and Conditions available on the Website and place it in an attachment to the e-mail
message containing information about the acceptance of the order. Users can at any time: gain access to the Terms
and Conditions, record them, obtain them and copy them by printing them or save them on a data carrier.
6. In order to use all the functionalities of the Website, it is necessary for the User to have:
1. a ICT device with access to the Internet,
2. a correctly configured web browser in the current or previous version:
Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera,
with JavaScript support enabled,
3. an active and correctly configured e-mail account,
4. access to the User Account.
7. Using the Website may involve the User incurring the costs of Internet access and data transmission fees, to the extent
established in the contract concluded with the telecommunications operator whose services are used by the User.
The Website shall not bear the cost of the provision of the Internet access.
§2. Registration of the User Account
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The contract for the provision of the User Account Service shall be concluded for an indefinite period, upon confirmation by the Service Provider of the User Account registration.
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The subject of this User Account Service shall be providing the User Account panel, enabling, among others, managing the User's data and Subscription.
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To create a User Account, you must register voluntarily and free of charge. It takes place by filling in and sending to the Service Provider the registration form, which is available in the area of the Website's webpage.
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The condition for the correct completion of the registration form is to complete all its mandatory and possibly optional fields, using true, complete and relevant data or information.
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Before sending the registration form, by checking its appropriate box, the User should declare that he or she has read the Terms and Conditions and the Privacy Policy and that he or she accepts the provisions contained therein.
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The registration form shall be sent to the Service Provider by means of the functionality of the Website and through it.
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Using the User Account is possible after creating it, and then logging in with the appropriate login and password.
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The contract for the provision of the User Account Service may be terminated without giving a reason and at any time, by using its functionality ("Delete Account" button) or by sending the User's statement on this subject to the Service Provider, e.g. by e-mail or by letter sent to the address of the Service Provider.
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Removal of the Account by the User shall mean the loss of the possibility to receive the Services. Re-registration shall not restore the possibility of receiving the Services covered by the previous license.
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In the event of failure to conclude a contract for the sale of subscription for the materials posted on the Website within 365 days from the date of registration of the User Account, the Account will be deleted by the Service Provider.
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In the event of the User's inactivity on the User Account, the User Account will be deleted by the Service Provider within 365 days from the date of expiry of the license for the last of the materials made available on the Website.
§3. Subscription terms
1. Subscription is a paid Service provided for a definite period of time, available provided that the user has an active User Account.
2. The subject of the contract for the provision of the Subscription Service is the Service Provider's obligation to provide digital content, in accordance with the scope of a given Subscription, for the specified period of time, enabling its playing, in order to use it in accordance with the conditions set out herein, in particular under the user license and the Customer's obligation to pay the price of the Subscription to the Service Provider.
3. Payment for the Subscription shall determine access to the full range of Website functionalities, including the ability to play digital content made available on the Website.
4. Information on the price and scope of the Subscription services and its validity period is given on the webpage of the Website.
5. The subject of the Subscription sales contract concluded between the User and the Service Provider may be only one video material, therefore each subject of the Subscription sales contract shall be a separate service.
6. To bring about the actual state of affairs in which the Service Provider shall submit to the User an offer to sell the Subscription for the first episode of the Online Guide, the User must meet the sine qua non condition, which is the performance of an act in the law by the User consisting in the correct conclusion of a sales contract with the Subscription Service Provider for the third episode of the preview film.
7. To become an entity to which the Service Provider shall submit an offer to sell a subscription for the second episode of the Online Guide, the User should bring about the actual state of affairs in which it will become a party to the contract of Subscription for the first episode and will lead to the correct conclusion of this contract with the Service Provider.
8. The Subscription sales contract shall be a contract with binding and disposing effect.
9. After purchasing the Subscription for the first episode of the guide, the User shall have an option to purchase a Subscription for the second episode. After purchasing another Subscription for an episode, the option to purchase Subscriptions for the subsequent episodes, etc. shall be unblocked.
10. If the Subscription for new, consecutive episodes is purchased, the Subscription period for previously purchased episodes shall be extended until the expiry of the validity period of the last purchased Subscription for the episode.
11. The Subscription shall be activated immediately after the payment is made by the User and the transaction is confirmed by the payment operator.
12. The period of validity of the Subscription for episodes shall be 1 (one) year and shall be counted from the moment of activation of the last service in the current billing period.
13. Managing Subscriptions is possible via the the User Account.
§4. Free materials
1. The fourth episode shall be available free of charge after paying for the third episode of the preview film.
2. In order to obtain free-of-charge access to the Subscription for the fourth preview episode, the User should conclude an effective contract for the sale of the Subscription for the third preview episode.
§5. Conditions for placing an order
1. Orders for Subscriptions may be placed via the webpage of the Webiste, 7 days a week, 24 hours a day, using the "add to cart" function available on the webpage of the Website. After selecting the scope of a given Subscription, the User proceeds to the execution of the order.
2. Placing an order shall be preceded by the User receiving, by displaying in the Cart area, information about the total price for the order, including taxes and related costs.
3. Placing an order shall take place by using the "buy and pay" button and shall be tantamount to the User declaring acceptance of the offer to conclude a contract for Subscription for the episode included in the order.
4. Before sending the order form, the User should read the Terms and Conditions and the Privacy Policy of the Website and, by checking the appropriate check-box, declare that he or she shall acknowledge and accept the provisions contained therein.
5. Confirmation of the order shall be made by immediately sending to the User an e-mail containing: the terms of the concluded contract, the Website Terms and Conditions and the Privacy Policy. In addition, in order to detect errors, the e-mail will contain all the data entered by the User in the order form. If such an error is detected, the User should correct his or her data.
6. The User may correct the data by sending to the Service Provider an e-mail containing correct data along with information about the scope of their correction.
§6. Payment terms
1. The value of the payment shall be determined on the basis of the price list available on the Service Provider's webpage at the time of placing the order.
2. The prices given on the webpage of the Website shall be gross prices in euro - "EUR" and in US dollars - "USD" and include VAT.
3. The total price of the order, visible before the order is confirmed, shall include the Subscription price together with taxes and all related costs, in particular transaction costs.
4. The total price of the order shall be binding for the Service Provider and the User.
5. The Seller shall enable payment for the Services provided using the Stripe external payment system operated by Stripe Payments Europe, Ltd. based in Ireland, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin.
6. The User is obliged to make the payment at the time of placing the order - in the case of choosing the payment method using an external payment system.
7. The process of payment transactions handled by Stripe Payments Europe, Ltd. shall be carried out in accordance with the principles of security.
§7. Complaints procedure
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Complaints may be lodged for the services provided.
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Lodging a complaint may be made by letter or e-mail to the postal or electronic address of the Service Provider. A complaint may be submitted using the form, a template of which is attached to the Terms and Conditions, but it is not obligatory.
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It is recommended that the complaint lodged include:
a) contact details that will be used to answer the complaint and conduct correspondence related to it,
b) the bank account number that will be used to return the funds, in the event of such circumstances,
c) problem description and identification data.
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The Service Provider shall consider the complaints related to the services provided within 14 days from the date of notification.
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The Service Provider shall inform the Consumer about the method of settling the received complaint by e-mail or by ordinary letter, depending on the Consumer's will or the method of lodging the complaint used by him or her.
§8. Out-of-court complaint consideration and pursuing claims
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The Consumer shall have the option of using the following extrajudicial means of dealing with complaints and pursuing claims:
a) submitting an application for resolving a dispute arising from the concluded contract to a permanent consumer arbitration court operating at the Trade Inspection Authority, whose address, due to its jurisdiction, can be determined using the website of the Office of Competition and Consumer Protection, at the URL https: //www.uokik .gov.pl / wazne_adresy.php # faq596,
b) submitting an application for the initiation of mediation proceedings on the amicable settlement of the dispute between the Consumer and the Service Provider to the provincial inspector of the Trade Inspection Authority, whose address, due to its jurisdiction, can be determined using the website of the Office of Competition and Consumer Protection, at the URL https: // www.uokik.gov.pl/wazne_adresy.php#faq595,
c) using the help of a poviat or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
d) submitting a complaint via the EU ODR online platform, available at the URL ec.europa.eu/consumers/odr, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC.
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Detailed information on the procedures concerning out-of-court complaint consideration and pursuing claims as well as the rules of access to these procedures can be found at the offices and on the websites of the entities listed in point 1.
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The list of entities and institutions that perform tasks related to the out-of-court resolution of consumer disputes and detailed information on this subject can be found on the website of the Office of Competition and Consumer Protection, available at the URL https://www.uokik.gov.pl.
§9. Withdrawal from the contract
1. The Consumer may, without giving a reason, withdraw from the contract within 14 days from concluding the contract, including the sales contract, subject to the standards indicated in the notice on withdrawal from the contract, attached to the Terms and Conditions.
2. The Consumer shall not have the right to withdraw from the contract, i.a. in relation to the sales contract if the Service Provider has fully performed the Service with the express consent of the Consumer, who has been informed prior to the commencement of the service that he or she will lose the right to withdraw from the conrtract after the Service Provider has provided the service.
3. If the Consumer grants consent to start the provision of the service that consists in delivering digital content that is not stored on a tangible medium before the deadline to withdraw from the contract and to inform him or her by the Website about the loss of the right to withdraw from the contract, the right to withdraw from it shall expire upon commencement of viewing materials covered by the Subscription.
4. In other cases, the Consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the Service Provider. The declaration may be submitted on the form, a template of which is attached to the Terms and Conditions.
5. In the event of effective withdrawal from the contract, it shall be considered void.
§10. Processing of data and cookies
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Information on the terms of personal data processing by the Service Provider can be found in the Website's Privacy and Cookie Policy.
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Information on the cookies used can be found in the Website's Privacy and Cookie Policy.
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The Service Provider declares that within one month, starting from making the preview film available on the Website, the Service Provider will conduct the "I support the action" survey. The price of purchasing a license to the Guide will be proportionally reduced as the number of customers who will participate in the survey increases.
§11. License terms for the content of the Website
1. The Service Provider shall grant to Users who use the Website a free license for their own personal use, to enable the use of the Website, in compliance with these conditions.
2. The name of the Website, the graphic design of the Website, the structure of the Website, the Website, the source or compiled code of the Website, webpages used to operate the Website and any documents developed by the Service Provider in connection with making the Website available, including related works, including the Terms and Conditions and other documents or messages sent in connection with the provision of the Services, shall constitute works within the meaning of the copyright law. The Service Provider shall not transfer the proprietary copyrights to the Website or any works constituting its part to the User, or the right to grant permits regarding the disposal and use of proprietary copyrights to these works or to the Website, as well as to exercise other derivative rights, not reserved in the license conditions.
3. The right to use the Website and related works shall be valid in the following fields of exploitation: saving them in the memory of a telecommunications device and playing them at a place and time chosen by the User, and access and display via a telecommunications device at a place and time chosen by the User.
4. The right to use digital content shall be valid in the following fields of exploitation: saving it in the memory of a telecommunications device at a place and time chosen by teh User, via the Website.
5. The User may not: rent, lease or resell works or any part thereof, as well as create derivative works based on them, change works, delete information about property rights or copyrights that may appear in the works’ area, use works for purposes that violate applicable provisions of common law or ethical standards.
6. The license shall be unlimited in time, unlimited in territory and non-exclusive, and shall apply to the entire Website and related works. The Service Provider shall retain exclusive rights to decide about maintaining the integrity of the Website.
7. In terms of digital content, the Website User's license shall be limited to one year from the date of purchase of the last Service, and to private and non-business needs of the User.
§12. Violation of the obligations related to using the Website and Services
Access to the Website or Services may be blocked when:
a) the User uses the Website or the content thereof in a manner that is inconsistent with the Terms and Conditions, the contract, the terms of the license granted or the provisions of law which are generally applicable in the territory of the Republic of Poland;
b) the User uses solutions that enable the use of the Services in an unauthorized manner;
c) the User hinders the operation of the Website by interfering with the mechanisms of the IT environment by means of scripts, programs or files that interfere with its functioning,
d) the User makes his or her login or password to the Account available to other Users or third parties,
e) the User makes attempts at reading the passwords to the Accounts of other Users,
f) the User provides false data.
§13. Terms of validity and changes to the Terms and Conditions
1. The Terms and Conditions shall come into force on 12.07.2022 year.
2. These Terms and Conditions are subject to the generally applicable law in the territory of the Republic of Poland.
3. The Terms and Conditions may be amended or the contract for the provision of the Service may be terminated by the Service Provider due to a change in the generally applicable standards of law regarding the subject matter of the provisions contained herein, as well as due to technical or organizational changes regarding the services provided by the Service Provider, in particular in the following cases:
a) if there is a change in the functioning of the Services or functionalities offered by the Service Provider, including the withdrawal of the Service or functionality to which the provisions of the Terms and Conditions apply,
b) if the Service Provider introduces new Services or functionalities to which the provisions of the Terms and Conditions will apply,
c) if there is a change of IT systems used by the Service Provider to which the provisions of the Terms and Conditions will apply,
d) if there is a change of legal provisions: governing the Services offered by the Service Provider, to which the provisions of the Terms and Conditions apply, affecting the provision of the Service, performance of the contract or the Terms and Conditions, change of tax regulations or accounting principles applied by the Service Provider, change or issuance of new court decisions, rulings of administrative bodies, instructions or recommendations of authorized bodies, including the President of the Office or the Court of Competition and Consumer Protection – within the scope related to the provision of Services, performance of the contract or the Terms and Conditions,
e) if the Service Provider changes the business model of the conducted activity, covered by these Terms and Conditions.
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The Terms and Conditions shall be amended by publishing their new content on the webpage of the Website.
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The Service Provider shall publish information about the amendment to the Terms and Conditions in the area of the Website's page, no later than 3 days before the effective date of its new wording. The publication of this information shall take place by making the consolidated text of the Terms and Conditions available on the webpage of the Website
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If the parties are bound by a contract concluded for an indefinite period, the Service Provider shall send information about the amendment to the Terms and Conditions or the termination of the contract for the provision of Services by electronic means.
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If the amendments to the Terms and Conditions are not accepted, the User is entitled to terminate the existing contract for the provision of Services by electronic means.
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The Service Provider is entitled to terminate the existing contract for the provision of Services by electronic means with a 14-day notice period.
§14. Final provisions
1. The meaning of terms written with a capital letter shall be consistent with the explanations contained in the part
describing the definitions used in the Terms and Conditions.
2. The Service Provider shall not be liable for:
a. interruptions in the proper functioning of the Website or improper provision of Services, caused by force majeure,
in relation to Users who are not Consumers,
b. interruptions in the proper functioning of the Website or improper performance of Services for Users who are not
Consumers, caused by technical activities or by the entities through which the Service Provider provides the Services,
c. profits lost by Users who are not Consumers.
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If there is no possibility of an amicable settlement of the dispute between the Service Provider and the User who is not a Consumer or a Consumer who is not residing in the territory of the Republic of Poland, in the circumstances in which such a possibility is granted under the provisions of his or her national law, the court having jurisdiction over the seat of the Service Provider shall be deemed to be the court having jurisdiction to settle the dispute.
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In relation to the Users who are not Consumers or to Consumers who do not reside in the territory of the Republic of Poland, if the provisions of their national law allow such a possibility, the performance of the contract concluded with the Service Provider and the settlement of disputes related thereto shall be governed by the law of the Republic of Poland.
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The provisions of the Terms and Conditions shall not be intended to exclude or limit the rights of the User who is a Consumer, resulting from the provisions of generally applicable law.
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In relation to contracts concluded with the Service Provider, if the Terms and Conditions do not comply with the provisions of law which are generally applicable in the Consumer's country, these provisions shall apply.
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If the provisions of the Terms and Conditions prove to be invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions of the Terms and Conditions. Instead of invalid or ineffective provisions, there will be a standard corresponding to what the parties have agreed to or what they would have agreed to if they had included such a provision in the Terms and Conditions.
§15. Definitions used in the Terms and Conditions
Working days are days of the week from Monday to Friday, excluding public holidays.
The Consumer is a User who is a natural person and concludes a contract for a purpose that is not directly related to his or her business or professional activity.
the User’s Account is a panel that allows the User to manage the User's orders via the Website, provided that the Account is registered and the User is logged in.
the Basket is a functionality of the Website that allows the User to complete orders.
the Terms and Conditions are these contractual conditions, the subject of which is the provision of Services by electronic means by the Service Provider to Users via the Website.
the Website is a website run by the Service Provider via a webpage available on the Internet at the URL: billionairenumbers.com.
the Subscription – a paid service that gives the User access to the functionalities made available on the Website, provided that the Account is registered and the User is logged in, and the specified price is paid for access to the digital materials selected by the User.
The Service is a service provided by the Service Provider to the User, on the basis of a contract concluded between the parties via the Website. The conclusion of the contract shall take place as part of an organized system of concluding distance contracts, without the physical presence of the parties.
The Service Provider is Marek Popiołek, running his business under the business name BILLIONAIRE NUMBERS Marek Popiołek, with its registered seat in Józefów (05-420) at ul. Zielonej 2C/19, registered in the Central Register and Information on Economic Activity kept by the Minister of Development, under NIP (Tax Identity Number) 1130008816 and REGON (Business Registration No.) 015728974, who is the service provider, administrator and owner of the shop. You may contact the Seller using the following e-mail address:
complaints@billionairenumbers.com
payments@billionairenumbers.com
The User is a natural person, provided that he or she has full legal capacity or limited legal capacity in cases regulated by generally applicable law or subject to the consent of a legal representative, as well as a legal person or an organizational unit without legal personality to which legal capacity is granted under the provisions of generally applicable law and which concludes a contract for the provision of the Service with the Service Provider.
ANNEX - WITHDRAWAL FROM THE CONTRACT FORM
(this form should be completed and sent only if you wish to withdraw from the contract)
Adressee:: BILLIONAIRE NUMBERS Marek Popiołek, ul. Zielona 2C/19, 05-420 Józefów | complaints@billionairenumbers.com
I / We (*) hereby inform that I/we wish to withdraw from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the completion of the following work (*) / for the provision of the following service ( *):
Date of conclusion of the contract (*) / receipt (*):
Full name(s) of Consumer(s):
Consumer’s/ Consumers’ address:
Consumer’s/ Consumers’ signature(s):
(only if the form is sent in paper form)
Date:
ANNEX - COMPLAINT FORM
(this form may be completed and sent if you wish to lodge a complaint)
Adressee: BILLIONAIRE NUMBERS Marek Popiołek, ul. Zielona 2C/19, 05-420 Józefów
User’s full name or name:
User’s address:
User’s phone number:
User’s e-mail address:
I hereby provide the following contact details that will be used to answer the complaint and conduct correspondence related to it:
postal address
e-mail address
The complaint concerns:
Date of finding the reason for the complaint:
Problem description:
A request made in the complaint:
Signature of the person lodging the complaint: