Terms of service

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. DRDATE.EU SERVICES AVAILABLE TO USERS
3. GENERAL RULES ON THE USE OF THE WEBSITE
4. ADDITIONAL RULES FOR THE USE OF THE MOBILE APPLICATION
5. RESPONSIBILITY FOR THE USE OF DRDATE.EU SERVICES
6. USE OF THE USER ACCOUNT
7. COMMUNICATION BETWEEN USERS
8. SUBSCRIPTION
9. ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE RULES
10. RESTRICTION, SUSPENSION AND TERMINATION OF ACCESS TO DRDATE.EU SERVICES
11. CONTACT DRDATE.EU
12. PROCEDURE FOR DEALING WITH COMPLAINTS CONCERNING DRDATE.EU
13. STATUTORY RIGHT OF WITHDRAWAL
14. OUT-OF-COURT COMPLAINT HANDLING AND REDRESS METHODS AND ACCESS TO THESE PROCEDURES
15. INTERRUPTIONS IN OPERATION AND TECHNICAL FAILURES
16. COPYRIGHT OF DRDATE.EU AND USER CONTENT
17. FINAL PROVISIONS

Thank you for visiting our website available at https://drdate.eu (hereinafter: „Drdate.eu”, „Service”, „Website”), and also in the form of a mobile application for Android/iOS devices.

Drdate.eu is a dating portal for all medical professionals. The aim of Drdate.eu is to provide a platform that allows users to share information about themselves, as well as to communicate and socialise with other users.

The formulation of these Terms and Conditions implies the establishment of general rules for the use of the Website, including its functionality and resources, as well as issues of our liability.

We strongly recommend reading the Terms and Conditions.
Drdate.eu team.

1. GENERAL PROVISIONS

1. The owner of Drdate.eu is company DRDATE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Wrocław (registered office and correspondence address: ul. Himalajska 7/6, 50-572 Wrocław), entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0001147654; register court where the company's documentation is kept: District Court for Wrocław – Fabryczna in Wrocław, VI Economic Division of the National Court Register; share capital of: PLN 40,000.00; NIP: 8993013235, REGON: 540604040, e-mail address: [email protected] and contact telephone number: _____________ (hereinafter: „Service Provider”).
2. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers granted them by the mandatory provisions of law. In case of any discrepancies of the provisions of the Terms and Conditions with the legal provisions mentioned above, priority is given to the latter.
3. In addition to the Service Provider, the Website also features Users – these are independent adult third parties in relation to the Service Provider who may interact and communicate with each other via Drdate.eu under the conditions indicated in these Terms and Conditions.
4. The Controller of the personal data processed in the course of the use of the Website is the Service Provider. Personal data are processed for the purposes, for the period and on the basis of regulations indicated in the Privacy policy published on the Website. The Privacy Policy primarily contains rules regarding the processing of personal data by the Service Provider on the Website, including the grounds, purposes and duration of the processing of personal data and the rights of data subjects, as well as information regarding the use of cookies and analytical tools on the Website. The use of the Website is voluntary. Likewise, the related provision of personal data by the user of the Website is voluntary, subject to the exceptions indicated in the privacy policy (provision of Drdate.eu Services and statutory obligations of the Service Provider).
5. Terms used in these Terms and Conditions and beginning with a capital letter shall have the following meanings:
   
   

2. DRDATE.EU SERVICES AVAILABLE TO USERS

1. Each User may use the Drdate.eu Services under the conditions indicated in the following Terms and Conditions.
2. Drdate.eu is a dating portal, which means that the main element of the Website is its Users, including their relationships, communication and the content they publish.
3. The use of Drdate.eu Services requires the creation of a User Account. An account opens access to all the functionalities and resources of the Website intended for Users.
4. For proper use of all the Services of Drdate.eu, it is necessary for the User to meet the following technical requirements: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to e-mail; (3) web browser in the most recent version: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) cookies and Javascript enabled in the web browser.
5. After logging into the Account, the User gains access to, among other things, the following functionalities of the Website:
   
   

6. A detailed description of Drdate.eu Services and their operation is available in the Terms of Use and in the information tabs located on the Website, as well as within the additional explanations, guidelines and messages displayed to the User using the Website.
7. The Website may provide for paid access to some of the Drdate.eu Services following the Subscription plan as described in the Price List and in the provisions of item 8 of these Terms and Conditions.

3. GENERAL RULES ON THE USE OF THE WEBSITE

1. The User is obliged to use the Website in a manner consistent with its purpose, subject matter and these Terms and Conditions, and in particular in compliance with the applicable law, rules of social conducts and good morals, bearing in mind respect for personal rights and copyrights and intellectual property of the Service Provider, other Users and third parties.
2. The user is obliged to enter data that are factually correct. The User is prohibited from providing unlawful content, including Illegal Content. You are strictly prohibited from posting on the Website any content that may constitute a prohibited act. The User is prohibited from using the Website to send unsolicited commercial information (spam), or to take actions that interfere with the proper functioning of the Website.
3. When placing or transmitting any data on the Website, the User is obliged to hold all the required rights to place such data on the Website, in particular copyrights and the required licences, rights, permissions and consents to use, distribute, make available, publish, etc., especially the rights to publish and distribute on the Internet or the online system, and the rights to use the image in the case of content including the image of third parties.
4. It is forbidden in any case to publish, transmit or in any way make available within the Service the content and materials of a pornographic nature.
5. The User may not, within the Service, offer prostitution services, contract Users to provide prostitution services or commission such services through the Service.
6. User content may not contain profanity, content inciting hatred, racism or xenophobia, or content of an advertising or commercial nature encouraging the use of websites and portals competing with the Website, including website addresses, names and logos of such services.
7. User content may not contain "malicious" computer software (such as "viruses", "worms" or "Trojan horses") or any other content which has the purpose or effect of causing harm to the Service Provider or other Users.
8. All statements, evaluations, reactions and comments posted by Users on the Website contain their own opinions and do not constitute the opinions of the Service Provider.

4. ADDITIONAL RULES FOR THE USE OF THE MOBILE APPLICATION

1. The provisions of Section 4 of these Terms and Conditions set out in a complementary manner the rules for the User's usage of the Mobile Application and the Drdate.eu Services available therein. To the extent not regulated in this section of the Terms and Conditions, the other provisions of the Terms and Conditions concerning the terms and conditions of the use of the Website shall apply.
2. The Mobile App is available for download from the Google Play and App Store.
3. The following technical requirements may be necessary for the User to use the Application correctly: (1) a tablet, smartphone or other mobile device with active internet access; (2) an Android or iOS system in the currently supported version; (3) access to email.
4. The download of the Application is free of charge, with the proviso that the costs of data transmission during the download and use of the Application are to be borne by the User themselves as specified in an agreement concluded with a provider of such services.
5. The use of the functionalities of the Application is possible free of charge for an indefinite period of time, with the exception of the Services of Drdate.eu available for Subscription in accordance with the provisions of these Terms and Conditions.
6. The User may stop using the Mobile Application at any time and without giving any reason by uninstalling it or removing it from their terminal device in accordance with the user manual for the relevant device. Deletion of the Application does not automatically delete the Account and the data associated with it – relevant provisions of these Terms of Use shall apply to the deletion of the User Account.
7. Discontinuing the use of the Mobile Application in any way, including by deleting or uninstalling it, shall not entitle the User to receive a refund for the unused Subscription period. This disclaimer is not intended to exclude or limit any mandatory statutory rights of Users who are consumers, in particular with regard to the right of withdrawal from a contract concluded remotely.
8. The User using the Application does not receive ownership of any copyright in the Application. The User is granted only, under the conditions indicated in the Terms and Conditions, a inalienable, non-transferable and non-sublicensable licence, valid worldwide and non-exclusive, entitling them to use the Application in a manner consistent with its intended use, with these Terms and Conditions and in compliance with the law and good morals, bearing in mind respect for the personal rights, personal data and copyrights and intellectual property of the Service Provider, other Users and third parties.
9. Under the licence granted, the User is entitled to use the Application by downloading it, installing it, permanently or temporarily reproducing it in the memory of their mobile device, using it and displaying it to the extent necessary to use the Application in accordance with its purpose and these Terms and Conditions and exclusively for their own non-commercial and private purposes.
10. The Service Provider may terminate the licence with immediate effect with the appearance of valid reasons, i.e. if the usage of the Mobile Application by the user violates the licence conditions specified in these Terms and Conditions or other generally applicable laws. The termination of the licence can also take place in relation to the specific device from which the infringements took place. The right of the Service Provider to terminate the licence to use the Application shall be without prejudice to the rules of restriction, suspension or termination of the entire Drdate.eu Services in relation to the User concerned pursuant to the provisions of Section 10 of these Terms and Conditions.
11. The Mobile Application may send the User push notifications displayed directly on the User's mobile device – including when the Application is running in the background (i.e. not actively used by the User). Notifications of this type may be related to both technical service (e.g. notifications of new activities or changes to the User's Account) and a marketing nature (e.g. notifications of promotions, new Drdate.eu Services, etc.). Push notifications may be sent subject to the User's prior consent to their use, in particular by selecting the relevant option and granting authorisation when the Application is first launched or in the settings of their mobile device. Consent to the sending of notifications can be withdrawn at any time and without justification, e.g., by changing the User's device settings concerning permissions for the Application. The withdrawal of consent shall not affect the lawfulness of notifications sent prior to its withdrawal.

5. RESPONSIBILITY FOR THE USE OF DRDATE.EU SERVICES

1. The User is fully responsible for all data they publish, make available, transmit, distribute and store within the Service.
2. The Service Provider shall not be liable for the illegality of the data posted on the Website by Users if it is not aware of the unlawful nature of the data or related activities. In the event that the Service Provider receives official notification or obtains credible knowledge of the unlawful nature of the data or related activities, the Service Provider shall take steps to immediately prevent access to the data in accordance with Art. 14 sec. 1 of the Act on provision of services by electronic means of 18 July 2002 (JoL 2002 no. 144, item 1204, as amended).
3. The Service Provider shall exercise due diligence to update and verify the veracity of the data presented on the Website. However, the Service Provider does not guarantee the timeliness and reliability of the data posted on the Website by Users. The Service Provider shall not be liable for the inaccuracy of this data, provided that this is without prejudice to any liability of the Service Provider towards the User who is a consumer, as provided for by mandatory legal provisions.
4. The Service Provider makes due efforts to make the use of Drdate.eu comprehensible and transparent for the Users, however, it cannot guarantee that the User will be able to operate the Drdate.eu Services independently or that the Website will prove useful in achieving the objectives expected by the User. The Service Provider makes Drdate.eu available in the form in which it is provided and does not make any implicit or explicit assurances as to its usefulness for specific applications, which does not exclude or limit the possible liability of the Service Provider towards the User who is a consumer for improper performance as provided by mandatory legal provisions.
5. The Service Provider does not verify the possible commitments that Users make to each other during their activity on the Website. The Service Provider operates the Website and is solely responsible for the provision of the Drdate.eu Services indicated in these Terms and Conditions. Any transactions, contracts or other obligations that Users may enter into with each other are their sole responsibility.
6. The use of Drdate.eu Services involves the standard risks found on the Internet. The main danger for any Internet user, including those using Drdate.eu Services, is the possibility of "infecting" the ICT system with various types of software created mainly to cause damage or gain unauthorised access to user data. In order to avoid the risks associated with this, it is important that the User provides their equipment used to connect to the Internet with anti-virus software and keeps it updated by installing its most recent versions.
7. For the avoidance of doubt, the Service Provider, acting in accordance with Art. 15 of the Act of 18 July 2002 on the provision of services by electronic means (i.e. JoL of Laws of 2020, item. 344 as amended) and the provisions of the EU Digital Services Act, is not generally obliged to check the User data transmitted, stored or made available on the Website, including proactively establishing facts or circumstances indicating illegal User activity. Each User has the right to report to the Service Provider any perceived violations of the law and the provisions of the Terms and Conditions by other Users – in the case of reasonable grounds for finding such violations, the Service Provider may take appropriate action as provided in these Regulations or provisions of generally applicable law, in particular: (1) limit, suspend or terminate, with respect to a given User, the access to the Service and Services of Drdate.eu following the rules contained in Section 9 of these Terms and Conditions, or (2) take the actions described in Section 8 of these Terms and Conditions in respect to Illegal Content or other content that does not comply with the Terms and Conditions, including immediately preventing access to such content and, where applicable by law, also filing a notice of violations with the relevant state authorities.

6. USE OF THE USER ACCOUNT

1. Due to the subject matter and purpose of the Drdate.eu Services, an Account may only be maintained for a User who is a member of the medical profession and who is able to confirm their medical training or employment in a medical position. In order to achieve these objectives, the Service Provider makes the possibility of using the Account and other Drdate.eu Services subject to prior verification to confirm that the User meets the requirements referred to in the previous sentence. In order for this verification to be possible, the User concerned is obliged to send, via the Account registration form, either (1) the User's valid professional licence number (PWZ) (this applies to Users who practise a medical profession in Poland what requires a PWZ number) or (2) a relevant document making it possible to verify the User's medical education or medical profession they are practising (e.g. a scan of a university diploma, a certificate from the workplace, etc.). Depending on the applicable verification option, it proceeds as follows:
   
   

2. The use of a User's Account is possible after the User completes two consecutive steps: (1) fills in the interactive Account registration form available on the Website and (2) clicks on the "Register" field – completion of both steps is tantamount to conclusion of the Account use agreement between the User and the Service Provider. In the Account registration form, it is necessary for the User to provide, in addition to the PWZ number or attaching a document for the purpose of the verification referred to in item 6.1 above, to provide also the following data about the User: gender of the User and of the partner they are looking for, e-mail address, country of origin, city of residence, interests, date of birth, profession and password.
3. For security reasons, the User is obliged to ensure that the chosen logging password for the Account is sufficiently complex, unique and is not a repetition of the password used by the User elsewhere on the Internet.
4. Upon registration of an Account, a User Profile is automatically created. In order for the Profile to become visible to all other Users logged in to the Website, the User should complete the basic data about them in the appropriate tab of the Account.
5. The use of the Account and its individual functionalities may also require the User to provide other data – each time the information about the scope of the required data is provided on the Website.
6. Each User may only have one Account at a time.
7. The user is obliged to keep their data provided within the Account up-to-date in the event of any changes.
8. The user is obliged to keep the access data to the Account secret from third parties. The User is not entitled to grant access to the Account to other persons, including by renting or lending the Account.
9. The use of the User Account is possible free of charge and for an indefinite period of time, with the exception of the Subscription as described in the Price List and in the Section 8 of these Terms and Conditions.
10. The User has the possibility, at any time and without giving any reason, to resign from the use of the Account (deletion of the Account) through the appropriate function available in the settings of Their Account or by sending an appropriate request to the Service Provider, in particular through the contact form available on the website Drdate.eu or by e-mail to the address: [email protected]. The deletion of the Account shall take place within up to 30 calendar days from the day the Service Provider receives the User's request. After deletion of the Account, logging into the Account and the use of the functionalities provided by the Account will not be possible. The user can at any time re-create an Account in the same way they created it for the first time.
11. The deletion of the User's Account by any means shall lead to the deletion of all data attached to the Account, provided that this shall be without prejudice to the possibility of storing the User's data for the period of time necessary for the fulfilment of other processing purposes (other than the operation of the Account) in accordance with the privacy policy of the Website.

7. COMMUNICATION BETWEEN USERS

1. The Website allows Users to communicate directly via private messages.
2. A single conversation can include two users communicating via private messages. A User can have conversations with multiple Users at the same time, but these are divided into independent conversations. From their account, the User has access to the history of current and previous conversations with other Users.
3. The User is obliged to treat other Users with respect. Communication between Users should respect the rules of good netiquette.
4. It is forbidden to send insulting messages or messages which infringe the personal rights of the interlocutor. The User is prohibited from using private messages to harass or disturb other Users, to defraud, send unlawful content or in any other way violate these Terms and Conditions.
5. Communication with another User using the Website always involves the risk of not being able to verify the reliability of their statements. For this reason, each User should carefully evaluate and check the information, content, statements and communications they receive from their interlocutor. The User should always be cautious in his/her dealings with other Users and should not share with them any data he/she considers confidential, in particular his Account login data.
6. Each User may block another User from chatting with them at their own discretion and without stating a reason, and may unblock them at any time.

8. SUBSKRYPCJA

1. The use of paid Drdate.eu Services requires the purchase of a Subscription by the User. The available Subscription plans are set out in the Price List.
2. The payment for the Subscription shall be made in advance and for the entire chosen billing period, during which the User will be able to use paid Drdate.eu Services. The subscription is activated immediately, no later than 48 hours after the Service Provider's bank or billing account has been credited.
3. The prices shown on the Website are gross prices (including tax) and are given in Polish zloty (PLN). The User shall be informed of the total price including taxes and other possible costs (e.g. payment operator's commission) and, where these cannot be determined, of the obligation to pay these charges, at the latest when they express their intention to make a purchase.
4. User can purchase a Subscription by logging into their User Account and going to the "Payments" tab. To this end, the User should select the Subscription plan that interests them and then follow the subsequent ordering steps, completing the data required for billing purposes and making payment for the selected Subscription plan. For technical reasons, the User should make the payment immediately after placing the order and being redirected to an external payment gateway – otherwise the payment session may expire and the purchase of the Subscription will not be successful. In the latter case, the user can repeat the Subscription purchase process in the same way as for the first time.
5. The User can pay for the Subscription by payment card – payments are settled via Stripe.com. The payment card service on the Website is provided by Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland.
6. The Subscription does not automatically renew, which means that at the end of the billing period, the Subscription and the associated additional services will expire and the User will not be charged additional fees for renewing the Subscription. Renewal of the Subscription for a further period is possible manually, i.e. by the User renewing the purchase in the same way as for the first time. For each renewal of the User's Subscription, the current Price List shall apply.
7. The User may cancel the Subscription at any time and without giving any reason, provided that the cancellation shall take effect on the last day of the current billing period. The deletion of the User Account or the cessation of the use of the Service in any other way after the start of the billing period does not entitle the User to receive a refund of the payment for the unused period of the Subscription, which is not intended to exclude or limit the statutory rights of Users who are consumers, in particular with regard to the right to withdraw from a contract concluded remotely.
8. The terms and conditions of the purchased Subscription shall be recorded, secured and made available to the User by (1) making these Terms and Conditions available on the Website prior to purchase and (2) sending a purchase confirmation message to the email address assigned to the User's Account. Information about the purchase made is also recorded and secured in Drdate.eu's ICT system.

9. ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE RULES

1. This section of the Terms and Conditions contains provisions resulting from the Digital Services Act insofar as they apply to the Website and the Service Provider. As a general rule, the User is not obliged to provide content when using the Website, unless the Terms and Conditions require specific data (e.g. data necessary for Account registration or the purchase of a Subscription). The User may also be able to provide and store data, e.g. via an Account, using tools provided by the Service Provider for this purpose. Whenever the User provides content, they are obliged to comply with the rules contained in these Terms and Conditions.
2. CONTACT POINT – The service provider designates the email address [email protected] as the single point of contact. The Point of Contact enables the Service Provider to communicate directly with Member State authorities, the European Commission and the Digital Services Board and, at the same time, enables recipients of the service (including Users) to communicate directly, quickly and in a user-friendly manner with the Service Provider electronically, for the purposes of applying the provision of the Digital Services Act. The service provider indicates Polish and English as languages for communication with its point of contact.
3. Procedure for reporting Illegal Content and acting in accordance with Art. 16 of the Digital Services Act:
   
   

4. Information on the restrictions that the Service Provider imposes in connection with the use of the Website, in relation to the information provided by the User:
   
   

5. Any comments, complaints, grievances, appeals or objections relating to decisions or other actions or inaction taken by the Service Provider on the basis of a notification received or a decision of the Service Provider taken in accordance with the provisions of these Regulations may be made in a manner analogous to the complaint procedure indicated in Section 12 of the Terms and Conditions. Use of this procedure is free of charge and allows complaints to be submitted electronically to the e-mail address provided. The use of the complaints procedure shall be without prejudice to the right of the person or entity concerned to institute proceedings before a court and shall be without prejudice to their other rights.
6. The Service Provider shall deal with any comments, complaints, complaints, appeals or objections regarding a decision or other action or inaction taken by the Service Provider on the basis of a notification received or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the report is unjustified or that the information complained of is not illegal and does comply with the Terms and Conditions, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to whether to remove or prevent access to the content or otherwise restrict its visibility, or take such other action as it deems necessary.
7. Users or other persons or entities who have reported Illegal Content and to whom the Service Provider's decisions regarding Illegal Content or content not complying with the Terms and Conditions are addressed, shall have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved through the Service Provider's internal complaint handling system.

10. RESTRICTION, SUSPENSION AND TERMINATION OF ACCESS TO DRDATE.EU SERVICES

1. The User may unsubscribe from the Website or individual Drdate.eu Services at any time and without giving any reason, in accordance with the terms of use indicated in the Terms and Conditions.
2. In addition to and without prejudice to the provisions of Section 9 of these Terms and Conditions stipulating the rules for dealing with Illegal Content or other content that does not comply with the Regulations, the Service Provider reserves the right to restrict, suspend and, as a last resort, to delete the User's Account in the following cases:
   
   

3. Restricting the Account consists of disabling the User's access to certain features of the Account, e.g. blocking the use of private messages.
4. Suspension of the Account shall consist in the complete prevention of the User from logging into the Account. During the suspension it is not possible to log in to the Account and use any of its functionalities and resources.
5. The restriction or suspension of the Account may be for a specific period of time indicated by the Service Provider or indefinitely – until the reason for its suspension ceases. During a restriction or suspension of the Account, the User is obliged to take action to remove the reason that gave rise to the decision to restrict or suspend and, once removed, is obliged to inform the Service Provider immediately. The Service Provider shall revoke any restriction or suspension of the Account imposed as soon as possible and no later than within 7 calendar days of being informed that the reason for the restriction or suspension has ceased to exist.
6. Before deciding to restrict or suspend the Account, the Service Provider shall, as far as possible, call the User to cease the infringement and only if such call proves to be ineffective or impossible, the Service Provider may take the appropriate decision. The Service Provider first undertakes to decide on the restriction and only then on the suspension of the Account. Suspension of the Account shall take place if it is required by the nature of the committed violations, or if the violations are of a repetitive or persistent nature despite the restriction or suspension of the Account already applied by the Service Provider.
7. As soon as the Service Provider decides to restrict or suspend User's Account, the Service Provider shall send that User a message stating the reason for the restriction or suspension to the email address assigned to their Account. The message referred to in the previous sentence shall also contain an indication of the length of time for which the restriction or suspension applies.
8. If the suspension of the User's Account lasts for at least 30 calendar days and the reasons for the suspension have still not ceased, the Service Provider is entitled to terminate the User's Account Agreement with 14 days' notice. Upon expiration of the notice period, the Account together with all data assigned to it shall be deleted.
9. Termination of access to the Drdate.eu Services shall be without prejudice to the storage of User data for the period of time necessary for the fulfilment of other processing purposes (other than the provision of the Drdate.eu Services) in accordance with the privacy policy of the Website.

11. CONTACT DRDATE.EU

The main form of on-going remote communication with the Service Provider Drdate.eu is an e-mail (e-mail address: [email protected], through which Users can exchange information with the Service Provider concerning the use of the Website, including seeking assistance and technical support for the use of Drdate.eu Services. Users may also contact the Service Provider in other legally permissible ways, using the details indicated at the beginning of the Terms and Conditions.

12. PROCEDURE FOR DEALING WITH COMPLAINTS CONCERNING DRDATE.EU

1. The following point 12 of the Terms and Conditions sets out the procedure for dealing with complaints common to all complaints submitted to the Service Provider in connection with the operation of the Website, in particular complaints relating to Drdate.eu Services or Subscriptions and other complaints relating to the operation of the Service Provider or its Website.
2. Additional information on the Service Provider's liability provided for by law is indicated below:
   
   

3. Complaints related to the operation of the Website, Mobile Application or individual Drdate.eu Services can be submitted directly to the Service Provider, for example by electronic mail (e-mail) to the address: [email protected] or in writing to the address: ul. Himalajska 7/6, 50-572 Wrocław.
4. The Service Provider recommends that the description of the complaint should include: (1) information and circumstances regarding the subject matter of the complaint, in particular the type and date of the irregularity; (2) expectations or claims; and (3) contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements stated in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
5. If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the Service Provider.
6. Evidence (e.g. photographs, documents or screenshots) relating to the subject of the complaint may be attached to the complaint by the complainant. The Service Provider may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this can facilitate and speed up the processing of the complaint by the Service Provider.
7. The Service Provider will respond to the complaint as soon as possible, no later than within 14 calendar days of its receipt.

13. STATUTORY RIGHT OF WITHDRAWAL

1. A consumer who has concluded a remote contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, subject to the contracts indicated in the item 13.4 and the costs set out in item 13.5 of the Terms and Conditions.
2. The period for withdrawal from a contract the subject of which are services (including Drdate.eu Services), begins from the day of the conclusion of the contract.
3. To meet the deadline for withdrawal it shall be enough to send a statement before its expiration. The declaration of withdrawal may be submitted, for example, electronically via e-mail to: [email protected] or in writing to: ul. Himalajska 7/6, 50-572 Wrocław. For this purpose, the consumer may use the model declaration of withdrawal, which is attached as Appendix 2 to the Consumer Rights Act and additionally appended to these Terms and Conditions, but this is not obligatory.
4. The right of withdrawal from a remote contract does not apply to the Consumer in respect of contracts (1) for the provision of services (e.g. within the framework of a Subscription) for which the consumer is liable to pay the price, if the Service Provider has performed the service in full with the express and prior consent of the consumer who has been informed prior to the performance that after the Service Provider has performed the service, they will lose his right of withdrawal, and has acknowledged this; (2) for the supply of digital content which is not recorded on a tangible medium for which the consumer is liable to pay the price, where the Service Provider has begun the performance with the express and prior consent of the consumer, who has been informed prior to the performance that, after the Service Provider has provided the performance, they will lose his right of withdrawal and has acknowledged this, and the Service Provider has provided the consumer with the confirmation referred to in Art. 15 sec. 1 and 2 or Art. 21 sec. 1 of the Consumer Rights Act.
5. In the event of an effective withdrawal from a contract to which none of the exemptions in the item 13.4 above apply, the following consequences and costs associated with the exercise of the consumer's right of withdrawal will apply:
   
   

14. OUT-OF-COURT COMPLAINT HANDLING AND REDRESS METHODS AND ACCESS TO THESE PROCEDURES

1. Methods of resolving disputes out of court include (1) allowing the parties' positions to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) settling the dispute and imposing a solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for consumers to use out-of-court complaint and redress procedures and the rules of access to these procedures, as well as a user-friendly search engine of amicable dispute resolution entities are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
2. There is also a contact point for the President of the Office of Competition and Consumer Protection, whose task is, inter alia, to provide consumers with information on matters concerning out-of-court settlement of consumer disputes. The consumer can contact it: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a mail to: [email protected] or (3) in writing or in person – at the Office Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
3. The Consumer has e.g., the following of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court; (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection; or (3) the assistance of a district (municipal) consumer ombudsman or a social organisation statutory tasks of which include the protection of Consumers (e.g. Consumer Federation, Polish Consumer Association). Advice is provided, among other things, by email at [email protected] and by calling the consumer helpline at 801 440 220 (helpline open weekdays, 8:00 – 18:00, call charge as per operator tariff).
4. At http://ec.europa.eu/odr , a platform for online consumer dispute resolution at EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

15. INTERRUPTIONS IN OPERATION AND TECHNICAL FAILURES

1. The Service Provider shall make reasonable efforts to ensure the correct and uninterrupted functioning of the Website. However, due to the complexity and sophistication of the Website and Drdate.eu Services, as well as due to external factors beyond the Service Provider's control (e.g. DDOS attacks – Distributed Denial of Service), it is possible that errors and technical failures may occur, preventing or restricting the functioning of the Website. In such an event, the Service Provider will take all possible and reasonable measures to ensure that the negative effects of such events are reduced to the greatest extent possible.
2. The Service Provider shall inform the Users immediately of any errors and technical failures referred to above and the expected timeframe for their rectification.
3. In addition to interruptions due to errors and technical failures, there may also be other technical interruptions during which the Service Provider takes measures to develop the Website and to protect it against errors and technical failures.
4. The Service Provider is obliged to plan technical interruptions in such a way that they are as little inconvenient for the Users as possible, in particular that they are planned for times of reduced traffic on Drdate.eu (e.g. night hours) and only for the time necessary for the Service Provider to perform the necessary actions. The service provider is obliged to inform the users of planned technical interruptions well in advance, also giving an estimate of the duration of the planned interruption.
5. The Service Provider shall not be liable to the User for damages and non-fulfilment of obligations resulting from any technical errors and failures and technical interruptions referred to in this Section 15 of these Terms and Conditions. This Section 15 of these Terms and Conditions does not exclude or limit any of the statutory rights of the User who is a consumer, in particular with regard to the Service Provider's liability for improper performance.

16. COPYRIGHT OF DRDATE.EU AND USER CONTENT

1. Copyright and intellectual property rights in the Website as a whole and in its individual elements, including content, graphics, works, designs and signs available within it, belong to the Service Provider or other authorised third parties and are protected by the provisions of the Copyright Law and other generally applicable laws. The protection granted to Drdate.eu covers all forms of its expression.
2. The Website is to be treated like any other work subject to copyright protection. The user is not entitled to copy the Website except in cases permitted by mandatory law. The user also undertakes not to modify, adapt, translate, decode, decompile, disassemble or in any other way attempt to determine the source code of the Website, except as permitted by mandatory law.
3. Trademarks of the Service Provider and third parties should be used in accordance with applicable laws.
4. The User posting content on Drdate.eu which constitutes works within the meaning of the Copyright Law is obliged to ensure that they own copyrights or other legally required permissions to the extent allowing for the distribution of these works within the Service. In the event that a third party makes a claim against the Service Provider due to infringement of its rights by User content present on the Website, the User is obliged to cooperate with the Service Provider in order to clarify the dispute and, if necessary, to indemnify the Service Provider against all claims and liability for the infringements committed by that User.
5. As soon as the User uploads to Drdate.eu content to which the User holds copyright or other legally required permissions, a royalty-free, non-exclusive, alienable and transferable licence is granted to the Service Provider for the use of the received content, including the right to use the copyright, without limitation as to territory and time (but not less than for the duration of the contract for the User's Account), in the following fields of exploitation: (1) permanent or temporary distribution, display, reproduction and storage of this content by digital techniques, including via computer, mobile devices and the Internet, for the proper provision of the Services of Drdate.eu to all users of the Website; (2) permanent or temporary reproduction of the content in whole or in part, using digital technology, to the extent that the distribution, display, reproduction and storage for the purposes and scope specified above requires reproduction; (3) making it available to the public via the Website in such a way that everyone can access it from a place and at a time individually chosen by them.

17. FINAL PROVISIONS

1. Contracts concluded on the basis of these Terms and Conditions shall be concluded in the Polish language and in accordance with Polish law.
2. These Terms and Conditions may be made available by the Service Provider in other language versions – each translation is prepared with due care, but the Service Provider cannot guarantee that it is error-free. In the event of any discrepancies in the interpretation of the provisions of the Terms and Conditions resulting from differences between the translation and the original Polish version of the Terms and Conditions, the Polish version shall prevail. In the event of any doubt as to the interpretation of the Terms and Conditions, such doubts shall be resolved by reference to the original Polish language version available on the Website. The reservation referred to in this section of the Terms and Conditions is not intended to exclude or limit any rights of consumers granted by national law, EU law or provisions of international agreements which cannot be excluded by contract.
3. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in the law; becoming subject to legal or regulatory obligations; changing, adding or deleting the Drdate.eu Services; changing the dates and methods of payment or performance of the contract; changing the Service Provider's data; the need to counteract unforeseen and imminent threats related to the protection of the Website, including the Mobile Application, the Drdate.eu and Users against fraud, malware, spam, data breaches or other cyber security threats; improvement of the quality of user service, to the extent that these changes affect the implementation of these Terms and Conditions.
   
   

4. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on provision of services by electronic means of 18 July 2002 (i.e. JoLaws of 2020, item 344 as amended),the Consumer Rights Act, the Copyright Act and other applicable provisions of commonly applicable law.
5. Any disputes between the User and the Service Provider that may arise from these Terms and Conditions or from agreements concluded on the basis of these Terms and Conditions shall, if it is not possible to resolve them amicably, be submitted to the jurisdiction of the Polish courts. The reservation referred to in the preceding sentence shall not exclude or restrict any mandatory rights of the consumer with regard to the choice of jurisdiction granted to them under national law, EU law or provisions of international agreements which cannot be excluded by agreement.
6. The Terms and Conditions do not exclude the provisions applicable in the country of habitual residence of the Consumer concluding a contract with the Service Provider, which cannot be excluded by contract. In such a case, the Service Provider guarantees the Consumer the protection resulting from the provisions that cannot be excluded by means of an agreement.

Thank you for carefully reading our Terms and Conditions!

If you have any questions, we will gladly provide any additional information – do not hesitate to contact us.

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Drdate.eu team.