Terms and conditions of use the pulsstory portal
§ 1
General Provisions
1. The www.pulsstory.com portal offers its Users the possibility of storing, analysing and sharing information regarding sports activities in the way and to the extent described in these Terms of Use. Additionally, the Portal provides Users with access to Business Partners’ offers and enables direct use of their services, pursuant to separate contracts concluded directly with selected Business Partners.
2. The objective of the Portal is to promote healthy and sporty lifestyle by providing Users with tools enabling recording and monitoring of their physical activity and sharing such information with other Users. It is not a medical portal: no information posted on the Portal should be considered as medical advice. The Portal is not to be used for posting information on Users’ health, and in particular of any test results or medical advice.
3. The www.pulsstory.com portals makes the Terms of Use available free of charge in a way enabling obtaining, reproduction and storage of the contents hereof by means of the data communication system used by the Portal, i.e. a website at the address www.pulsstory.com.
4. The following definitions are used in these Terms of Use:
Administrator the entity in charge of the Portal, i.e. T.A.B. Bartosz Witczak with its registered address at: ul. Sielska 6/9, 60-129 Poznań, Poland, NIP [VAT reg. No.]: 7871530259, REGON [statistical ID]: 634524181
Avatar the graphical representation of the User on the Portal
Materials information, texts, photographs and graphics published by the User on the Portal
Business Partner an entity which offers and provides services to Users via the Portal; it may be, for example, a sports or fitness club, an organiser (of sports events, training courses, social campaigns, etc.), a coach, dietician, manufacturer of sports equipment, etc.
Portal a portal at the following address: www.pulsstory.com
User’s account a set of resources and rights allocated to the User within the Portal, where the User may, among others, store and present his/her information or upload photographs
User an individual person older than 13 years, non-incapacitated, who set up a User’s account and who uses the Portal
5. By joining the Portal, a minor, i.e. person under 18 years of age, declares and represents that he/she has obtained permission from his/her statutory representative to accept the provisions of these Terms of Use and to grant other required consents and make any necessary declarations. The Administrator may at any time demand that a minor User present the respective consents granted thereto by his/her legal representative in writing . It is permitted to set up an account via another portal.
6. The User shall read these Terms of Use prior to commencing using the Portal and shall comply with the provisions hereof.
7. An Account may be set up subject to approval of these Terms of Use, making the required declarations and granting relevant consents.
8. The User of the Portal may, at any time, give up using the services offered by the Portal: such resignation shall be notified to the Portal administrator at the following address: pomoc@pulsstory.com with an annotation „Resignation”.
§ 2
Use of the Portal
1. In order to use the Portal, Users shall ensure, on their own, compliance with the following minimum technical requirements:
a) a computer with an operating system,
b) connection to the Internet,
c) an Internet browser enabling displaying HTML documents on the computer screen,
d) an electronic mail account and address (e-mail).
2. Services provided via the Portal offer the possibility of:
a) creating, modification and deleting of a User Account
b) uploading, modifying and deleting Materials and sharing them with other Users,
c) using tools enabling an analysis of the User’s workouts and training activities,
d) access to offers of entities (Business Partners) providing services connected with sports and fitness and use of such services.
3. The User may use the Portal in conformity with these Terms of Use and in compliance with the law in force.
§ 3
Registration with the Portal
1. In order to register with the Portal, the User should complete the registration form by providing his/her nick name, password and e-mail address and activate a User Account with the link sent to the e-mail address provided by the User.
2. Following the registration, a User Account is created, within which the User may supplement his/her data and add the Avatar. The data, which are being entered, including the nick name, e-mail address and Avatar may not be contradictory to the provisions of these Terms of Use or to the legal provisions in force.
3. Setting up and using a User Account is free of charge.
4. Subject to the provisions of § 1 clause 5 above, by completing the registration process resulting in setting up of a User Account the User declares that:
a) s/he has read and approves of these Terms of Use,
b) s/he grants his/her consent for the Administrator to process the personal information provided by the User for the purpose of the provision by the Administrator of the services available in the Portal,
c) s/he declares that depending on the scope of the Materials made available by the User, his/her personal information and Materials may be made available to other Users and Business Partners,
d) s/he grants his/her consent for the Administrator and Business Partners to send him/her commercial information electronically to an e-mail address provided in the course of the registration process and via the Portal.
5. Provision of personal information and making the declarations referred to in section 4 above is voluntary, however necessary for the purpose of enjoying full access to the services offered in the Portal.
6. Should the User forget or lose the password, s/he may use the ‘retrieve your password’ option via the e-mail address indicated in the course of the registration process.
§ 4
Personal Information Protection
1. The Administrator manages the personal information made available by the User in the Portal. Contact with the Administrator is possible by mail, at the address specified in §1 section 4 of these Terms of Use or via the e-mail address: pomoc@pulsstory.com with an annotation „Personal Details”. Additionally, the Administrator hereby declares that his address of residence is as follows: os. Wyzwolenia 11, 62-045 Pniewy, Poland.
2. Personal information is collected in order to:
a) provide services to the User, and in particular to ensure proper access to the User Account and to manage such an Account,
b) provide the User with the possibility of storing and processing data entered thereby and Materials that have been recorded,
c) send offers and other commercial information aimed at the User by the Administrator and by Business Partners.
3. Provision of his/her personal information by the User is voluntary, provided, however, that the provision of data which are indispensable for the purpose of setting up and proper administration of the User Account from the technical point of view is a pre-requisite for using the Portal.
4. Personal information provided by the User is processed by the Administrator in conformity with the legal provisions in force. The User has the right of access to his/her personal information and the right to demand its removal from the Portal’s data base. Notifying of the intention to give up the services of the Portal shall be considered as a request to delete all the provided personal information and Materials, unless the User has explicitly specified to the contrary.
5. The Administrator reserves the right to gather statistical information pertaining to the popularity and use of the specific services offered by the Portal, sharing it with other entities, and in particular with Business Partners and entities conducting scientific research regarding health and physical fitness. This information will only be made available anonymously and collectively: it will not be possible to extract Users’ personal details on its basis.
6. Within the Portal, the User may make his/her data available to other Users or Business Partners. Such availability may be withdrawn by the User at any time.
7. While joining an offer of a selected Business Partner, the User may grant his/her consent to providing to the Business Partner personal information which is indispensable for the purpose of implementation of the offer selected by the User.
8. Joining an offer of a selected Business Partner consists in voluntary signing up to the Portal’s service area which is managed by a given Business Partner.
9. Resignation from the Business Partner’s offer is tantamount to the withdrawal of the consent to making personal information available thereto.
10. The Administrator undertakes any necessary steps to protect personal information of Users, in particular by ensuring technical and organisational measures available pursuant to the provisions of the law in force.
11. Detailed description of what personal information is being managed, goals of managing this information, legal basis and rights that user has are available in pulsstory Privacy Policy.
§ 5
Copyright
1. The content of the service, other than the content created by Users, is subject to a copyright of the Administrator and/or Business Partners and it is protected pursuant to the provisions of the copyright law, and – with regard to industrial property – pursuant to the applicable legal provisions. It is prohibited to make any use of any of the works posted on the Portal without a prior consent of the Administrator or the authorised Business Partner.
2. Subject to the rights held by Business Partners, the Administrator is solely entitled to the copyright of the Portal, as well as to any improvements, updates and elements thereof, including but not limited to software, photographs, texts, graphics, illustrations, sounds, logos, patents, trademarks and any other intellectual property rights.
3. The User is authorised to browse the resources of the Portal and to use it in conformity with these Terms of Use. Additionally, the User is entitled to post any Materials on the Portal, provided that s/he is authorised thereto and has the necessary rights in that respect. While posting Materials on the Portal, the User grants his/her consent for the Administrator, authorised Users and Business Partners to access such Materials in conformity with the rules set out in § 4 above.
§ 6
Services of the Portal and Liability
1. The Portal enables Users to gather, analyse and share Materials and information concerning sports activity, including in particular to keep an activity log (training workouts, participation in competitions, etc.), review the history of results, statistics, rankings, to set targets, review offers of Business Partners, join events and use coach’s advice offered thereby.
2. Some of the Portal’s functionality is only available to the Users whose accounts have been set up within the frame of collaboration with Business Partners.
3. Any and all information and data posted on the Portal exclusively represent the knowledge and opinions of the persons who posted them.
4. Within the Portal, the Administrator does not pursue any form of control with regard to the User’s physical activity, health condition or method of achievement of his/her workout goals. In connection with the foregoing, the Administrator shall not assume any liability whatsoever for the results of the training workouts, achievement of the goals or for medical consequences thereof upon the User. Consequently, the Portal does not offer services involving the provision of any advice of a medical nature. The User is aware of the impact of physical activity on his/her own health as well as of the fact that any changes in the physical activity pattern or intense physical activity may require consulting a doctor. The correctness, accuracy and reliability of data generated by sporttesters is limited; besides, they do not have the attribute of medical data. The User selects a sporttester at his/her own risk and liability.
5. The Portal makes available information about Business Partners, their websites, products and services. The Administrator uses his best efforts and diligence in initiating co-operation with Business Partners, yet he is not responsible for the materials posted by them on the Portal, and in particular for their availability, content, form, quality or proper performance.
6. The Administrator shall use his best efforts to ensure the availability of and accessibility to the Portal, however, he excludes - to the maximum extent permitted by the law in force - any liability for any interruptions in the operation of the Portal, in particular due to a force majeure event, equipment failure, prohibited interference from any third parties or Portal overloading.
§ 7
Prohibited Actions
1. It is prohibited to publish via the Portal any information, data and Materials which may or which do infringe the provisions of these Terms of Use, generally applicable law or good practices, which infringe the reputation and good image of the Portal, its Users or Business Partners, or which harm the Portal in any other away or which may infringe any third party rights. The User may not undertake any activities that might have the negative result referred to in the preceding sentence. It is also prohibited to impersonate other persons, to provide false information or to interfere in any other way with the proper operation of the Portal or with its use by other persons.
2. In an event that actions of the User or content provided thereby are prohibited pursuant to section 1 above or in an event that the User does not comply with the obligations imposed thereupon, the Administrator shall be entitled to:
a) block or delete such prohibited content,
b) limit the functionality of the User’s Account,
c) block or delete the User’s Account in case of occurrence of particular infringements.
3. The Administrator does not modify or monitor Users’ activities or information and Materials posted by them on the Portal. A User, Business Partner or a third party may notify the Administrator of an infringement. In such case, the Administrator shall verify such reported content and should it prove necessary, he shall undertake actions referred to in section 2 above. Respective notifications shall be made by mail, to the address specified in § 1 section 4 of the Terms of Use or to the following e-mail address: pomoc@pulsstory.com with an annotation „Reporting infringement”.
4. Exercising the rights referred to in section 2 above by the Administrator does not exclude full liability for damages on the part of the entity responsible for the infringement towards the Administrator, the Portal, Business Partners, Users or any other persons.
5. The Administrator may suspend or remove User’s Account or prevent the User from using it should this be required in connection with the amendments to the generally applicable legal provisions promulgated by duly authorised authorities or bodies or should the User not use the Portal (not log in) for a period in excess of one year .
§ 8
Complaints and Termination of the Agreement
1. Any complaints concerning services offered by Business Partners shall be notified by Users directly to the respective Business Partners, in conformity with the procedure determined thereby.
2. Letters of complaint pertaining to the use of or operation of the Portal shall be filed by mail, to the address provided in § 1 section 4 of these Terms of Use or to the following e-mail address: pomoc@pulsstory.com with an annotation „Complaint”, this within 30 days of the date of occurrence of the circumstances providing the reason for the complaint.
3. A letter of complaint referred to in section 2 above shall include at least the following details:
a) designation of the complainant: the nick name used thereby at the Portal, first and last name, address of residence, e-mail address,
b) description of the problem, including specifying the demand and its substantiation.
4. If information provided in the compliant form needs to be supplemented, prior to the processing of the complaint the Administrator shall request that the complainant should properly supplement it.
5. Complaints referred to in section 2 above, which fulfil the minimum formal requirements, shall be considered within 14 days of the date of their receipt by the Administrator. The Administrator shall, without undue delay, notify the complainant of the decision regarding the complaint to the provided e-mail address or postal address.
6. The Administrator may amend these Terms of Use and launch a new version of services provided within the Portal. An amendment shall take effect as of the date indicated by the Administrator, which may not be shorter than 7 days of the date of posting of the amended Terms of Use on the Portal, provided, however, that any services to which the amendments pertain and which have been commenced before the amendments took effect, shall be provided on the previous terms.
7. While logging in the Portal for the first time after the amendments referred to in section 6 above have been introduced, the User shall be notified about such amendments and about the possibility to accept them. Continued use of the Portal without notifying of an intention to delete the User Account shall be considered as acceptance of the amendments. Refusal to accept the amendments is tantamount to the termination of the agreement with the Administrator with effect as described in section 8 below.
8. Service provision within the Portal is unlimited in time, provided, however, that:
a) the User may at any time terminate the agreement with the Administrator (regarding a specified User Account) by way of completing an agreement termination form, available on the website, and subsequently, by confirming the data entered, using the e-mail address and password,
b) for important reasons, including, among others, in an event of occurrence of circumstances referred to in § 7 of these Terms of Use, the agreement may be terminated by the Administrator pursuant to a letter of termination, at a 14 days’ notice.
9. In an event of termination of the agreement pursuant to section 8 above, the Administrator shall delete the User’s Account and any information and Materials published by the User in the Portal.
§ 9
Final Provisions
1. These Terms of Use shall be governed by Polish law.
2. In an event of any disputes pertaining to the interpretation or implementation of the provisions hereof, such disputes shall be settled by a common court of law which is competent pursuant to the legal provisions in force.