Terms of Service of uCanCommerce.com
15 June 2021
- These Regulations set out the rules for the provision of services consisting in assessing the degree of “friendliness” of e-commerce sales platforms (hereafter „e-Shops”) within the uCanCommerce.com website (hereafter „Service”).
- Services are provided by uCanCommerce Sp. z o.o. with headquarters in Bialystok, ul. Żurawia 71, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Bialystok, Commercial Department of the National Court Register under the number KRS 0000794386, share capital: PLN 5,000, NIP 9662131757, REGON 383871420 (hereafter „Service Provider”).
- The services are provided exclusively to entities engaged in business activity, which consists, among others, or exclusively, in running an e-Store (hereafter „Users”).
- Services are provided by electronic means within the meaning of the Act of 18 July 2002 on electronic services.
- The Service’s Privacy Policy is availableTUTAJ, while the Cookies Policy of the Website is available HERE. Both documents are an integral part of the Regulations.
§1. TERMS OF REGISTRATION AND USE
- Through the Service it is possible to:
- establishing and maintaining personalized accounts,
- use of the subscription service trial period,
- purchasing and managing subscriptions and campaigns using your account.
- In order to use the Service, you need a computer or other electronic device (e.g. tablet) with access to the Internet, an active e-mail account and appropriate software, including an appropriate web browser. The technical requirements necessary to use the Service in terms of software include: having a web browser (e.g. Internet Explorer version 7.0 or higher, Mozilla Firefox version 3.0 or higher) and making available in the browser the support of JavaScript and Cookies.
- Use of the services provided by the Service Provider takes place within the User’s account, after registration of the User’s account on the uCanCommerce.com Service, according to the following rules:
- For registration, the User shall be obliged to provide his/her e-mail address and the website address of the e-shop he/she represents.
- The provided e-mail address constitutes the User’s login.
- The specified e-mail address shall be used for correspondence related to the provision of services for the e-shop, but this address must be an e-mail address in the domain of the e-shop which the User represents.
- Registration of the User according to the above rules is equivalent to the conclusion of a contract for the provision of services in accordance with the provisions of these regulations („Contract”).
- User confirm that the information you provide through the Service and/or its subcontractors is correct.
§2. SERVICES IN THE SERVICE
BASIC SERVICE
- Reports are made available to the User in the form of a report panel available to the User after logging in. The first report is available immediately after registering on the Site. The Service Provider has the right to send the User information about important changes in the report.
- The Service Provider shall analyze the website on which the User’s sales platform is located, according to the criteria adopted by the Service Provider („Basic service”). In order to be able to perform the analysis, the User shall provide access to the relevant data for the bot performing the analysis constituting the basis for the performance of the service in question, logging on to the website server from a specified IP number. After performing the service, the User will receive access to a report describing the “friendliness” of the online store.
- The use of the Basic Service is free of charge.
- By placing an order for a website analysis and in exchange for receiving the final reports, the User agrees to receive commercial information about services provided by the Service Provider, as well as other information sent by the Service Provider on its own behalf or on its behalf to the e-mail address provided by the User. The consent referred to in the previous sentence may be revoked at any time by sending a message to the following e-mail address:
[email protected] . - The Service Provider shall prepare reports containing an assessment of the “friendliness” of the User’s sales platform, assuming criteria for this assessment such as, in particular:
- the time it takes for the store page to load on the screen;
- mobile accessibility or responsiveness of the layout;
- having a secure connection (https);
- providing a phone number and contact information on the home page of the store;
- allowing customer to take advantage of “free shipping” and “free return” rights;
- publication of rules and privacy policy;
- the ability to go directly to the store’s social media profile;
- store positioning (SEO);
- store reviews on opineo.pl.
PREMIUM AND TRIAL SERVICE
- User has the option to subscribe to Provider’s marketing services, which include the following:
- tore friendliness analysis
- product presentation analysis
- analysis of product prices
- product selection for customer groups
- the ability to create a campaign.
The range of services depends on the subscription version chosen (Boutique, Market and Supermarket).
- The user can choose the subscription only through the account on the Website. Subscription can be purchased using the order procedure (choosing the “Buy Subscription” button and following the instructions).
- The user has the opportunity to use the trial version of the Premium Supermarket service once („Trial Service”) for a period of 30 days to familiarize yourself with the service. Selection of the Trial Service is free of charge. After expiration of the Trial period and failure to purchase the subscription, the Trial Service automatically expires and the User has access only to the basic service of the Website. Reusing the Trial Service by the same User is not possible.
§3. CONCLUSION OF THE CONTRACT AND PERFORMANCE OF THE SERVICE
- Confirmation of the order by using the button „Pay” means targeting an offer to the User to conclude a contract.
- After placing an order, an e-mail message will be sent to the User’s e-mail address to confirm that the order has been accepted. The Service Provider’s sending of the order acceptance confirmation constitutes a statement of acceptance of the offer, which constitutes conclusion of the contract of sale between the User and the Service Provider.
- Once confirmed, any changes to the order must be processed through Customer Service (contact through the contact form on the website, through chat or by phone).
- The User has the opportunity to access the Premium and Trial Services before the expiration of the withdrawal period if he/she agrees to this. The User is aware that, with the above-mentioned consent, the right of withdrawal is lost.
- If the data provided by the User are not complete and therefore prevent proper execution of the order, the Service Provider will contact the User in order to supplement them. If the User fails to complete the contact details within 7 days of receiving the request, the Service Provider reserves the right to withdraw from the contract.
§4. PAYMENT
- Subscription payment is processed through the Stripe electronic payment system.
- fter selecting the subscription and confirming the order with the “Proceed to payment” button, the User is automatically redirected to the payment service provider’s website, where he or she enters the payment card details (first and last name, card number card number, expiration date, CVC number).
- The User agrees to save the payment card data on the Website in order to process further payments.
- The payment service provider’s website is encrypted using S.S.L. (Secure Socket Layer) to provide the most effective protection for all data related to the payment method.
§5. DURATION OF THE AGREEMENT
- The agreement is concluded for an indefinite period of time, and during its duration the Service Provider is obliged to perform at least one report during each full calendar month of the contract period.
- Each of the Parties may terminate the contract for the subscription service with a one-month notice period, with effect at the end of the calendar month.
- The User has the right to remove his account from the Website at any time.
- Provider has the right to terminate the contract with immediate effect in the event of loss of opportunity to finance the project under which services are provided, or in the event of causes – including those beyond the control of Provider – resulting in permanent or temporary impossibility to provide services.
- The notice of termination should be in documentary form (e.g., by email).
- Upon termination of the contract, the Service Provider is entitled to delete the User’s registered account.
§6.RIGHT OF WITHDRAWAL
- The right of withdrawal under the terms of this paragraph applies only to an entrepreneur purchasing a subscription service on the Website, if it is not of a professional nature for this entrepreneur, resulting in particular from the subject of his/her business activity.
- The user meeting the condition of paragraph 1 may withdraw from the contract without giving reasons within 14 days from the date of receipt of the product. In order to meet this deadline, it is enough to send the withdrawal declaration before its expiry. For this purpose, the User may use the withdrawal form available on the Service [TUTAJ]. The statement of withdrawal should be sent to the following email address: [email protected]
or at the registered address: 15-540 Białystok, Żurawia 71. - Refund of the product price paid by the User will be made immediately, no later than within 14 days from the date of receipt of User’s declaration of withdrawal from the contract. Reimbursement shall be made by the same form of payment, unless the User has agreed to a different form of refund.
§7. OTHER PROVISIONS
- Service Provider has the right to change these Terms and Conditions with prior (at least seven days) notice to the User sent to the specified e-mail address.
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The Regulations and the Agreement are governed by Polish law.
- The Service Provider and the User undertake to seek an amicable resolution of disputes arising from the application of the provisions of the Regulations and the Agreement.
- The court of competent jurisdiction to hear disputes in the aforementioned scope is the common court competent for the seat of the Service Provider.
- These Terms and Conditions are available on uCanCommerce.com in a form that allows you to obtain, reproduce and preserve them. The User may save the Terms and Conditions on any media.
Privacy Policy
- The administrator of your personal data is uCanCommerce Sp. z o.o. based in Białystok.
- In connection with the registration of an account on the uCanCommerce website, your personal data will be processed for the purpose of registration and operation of the User’s account, for marketing purposes, including marketing profiling, for statistical and analytical purposes of the administrator, for purposes related to satisfaction surveys, in particular by sending communications to your e-mail address asking you to provide an opinion (review) or complete a satisfaction survey, as well as for the purpose of possible establishment and assertion of claims or defense against them.
- In connection with the performance of the Service specified in the Terms and Conditions, your personal data will be processed for the purpose of realization of benefits and communication related to the Service, for statistical and analytical purposes of the administrator, and for the purpose of possible establishment and assertion of claims or defense against them.
- We will retain your personal information for the time necessary to fulfill each of the purposes listed above.
- The provision of data for the above purposes is necessary to provide these services. If these data are not provided, the service cannot be provided.
- Your data may be transferred to entities processing personal data on behalf of the controller, e.g. IT service providers, marketing agencies – however, such entities process data on the basis of a contract with the controller and only in accordance with the controller’s instructions.
- Your data may also be prepared to entities entitled to obtain them under the applicable law, e.g. to law enforcement agencies in the event of a request by the authority on the appropriate legal basis (e.g. for the purposes of ongoing criminal proceedings).
- Your personal data will not be transferred to third countries outside the European Economic Area.
- You have the following rights in relation to our processing of your personal data
- the right of access to your data, including obtaining a copy of your data,
- the right to request rectification of data,
- the right to request erasure (in certain situations),
- the right to request restriction of data processing;
- the right to portability of personal data;
- the right to withdraw consent to the extent that they are processed on that basis; withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal;
- the right to object to the processing;
- The right to lodge a complaint to the supervisory authority (President of the Office for Personal Data Protection).
- In order to exercise the above rights, please contact the Administrator by e-mail at i [email protected]