By visiting or using this Website, Memcare Notify software and/or Services, content or materials available through it, you signify that you have read, understood, and agree to be bound by these Terms of Use.
§1 Definitions.
The terms and expression used in the Terms of Use mean:
- Memcare - Memcare Technologies Sp. z o.o. with its seat in Warsaw at Żelazna 59 Street, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register, under number KRS: 0000730923, holding tax identification number (NIP): 5272856249 and Memcare Affiliates.
- Memcre Affiliate - any entity:
(i) that controls Memcare;
(ii) that is controlled by Memcare;
(iii) that is controlled by an entity that also control Memcare, or
(iv) is a parent, subordinate or related company to Memcare where “control” includes direct or indirect control, including any subordinate company, parent company or operating division, while "dominance", "subordination" and "connections" have the meaning given to them by the Act of 29 September 1994 on accounting (Journal of Laws of 2018 item 395 as amended);
- Terms of Service – the present statute available at www.memcare.com;
- Website – website available at www.memcare.com;
- User – a natural person who has full legal capacity, a legal person or unincorporated entity with statutory legal capacity, who is using Website or Services.
- Service – services provided in connection with the Memcare Notify software and any online or mobile services provided by Memcare on Website.
- Memcare Notify - a software designed and developed by Memcare, available at www.memcare.com, described below:
(1) A memorial page builder, to create a profile page to memorialize the User’s deceased family member as well as coordinate many details concerning the funeral ceremony and reception; and
(2) The Notify system, which aggregates the contact information for all of the people the User wishes to notify of the death as well as a system for tracking who has viewed the message and any suggested additions to the original list;
- Memcare Content - all information, data, content, elements, materials, algorithms, diagrams, works, designations, logos, names, signs, symbols, descriptions and photographs, irrespectie of their character, format or method of recording or representation that originates from Memcare, including, without limitation all Memcare Intellectual Property.
- User Content – any materials submitted, posted, provided, or otherwise made available on the Website by the User.
- Intellectual Property - copyright (including, without limitation, copyright in software, in particular the rights to Memcare Notify and the source code), registered and unregistered trademarks, registered designs, unregistered designs and other design rights, moral rights, database rights, rights in inventions, patents, utility designs, know-how, trade secrets, and all other intellectual property rights and rights of a similar or corresponding character and including all rights to apply for, and obtain, registrations in respect of any and all of the foregoing, each for their full term including its priority and extensions, revivals and renewals thereof;
§2 General provisions.
- These Terms of Service define the general principles for providing the Services on the Website and the User’s usage of the Website.
- Memcare provides the Services by electronic means according to the Terms of Service.
- Memcare is the subject running the Website and the service provider within the meaning of the Act on Electronically Supplied Services of 18th July 2002 (consolidated text, Dz.U. from 2017, position 1219).
- Current Terms of Service is available free of charge on the Website in a manner that allows Users to familiarize with the content of the Terms of Service in every moment before using Service, and in a manner that allows the Users to obtain, open and save the content of the Terms of Service.
- The User may contact Memcare in ways that are specified in the Contact tab on the Website.
- The User must not deliver any content of an illegal nature to the Website.
- The Website may contain active links enabling the Users’ direct access to other websites administered by Memcare or by other entities. In the case of links referring to other entities’ websites, Memcare reserves that it has no influence upon the privacy policies managed by the administrators of other sites nor the content contained therein.
§3 Rules within using of the Website.
- Acceding to using the Website and Services do imply acquaintance and acceptance of the Terms of Service’s provisions, in particular provisions concerning personal data and an obligation to obey the rules implied by the Terms of Service. The User is in particular obliged to:
a) using the Service and the Website in a manner which shall not disturb its functioning, inter alia using the software and devices compatible with the Memcare Notify and the Website.
b) using the Service and the Website pursuant to legal rules, the Terms of Service and preservation of good customs;
c) refrain from delivering and submitting the content restricted by legal acts; e.g. contents promoting violence, defamatory or infringing personal interests and other third party rights
d) submit veritable and accurate personal data;
e) using the Service the Website in a manner that may be burdensome for other Users;
f) using the Memcare Content exclusively within the range of personal fair use and within the aim of concluding and performing the contracts on delivering electronically supplied services; exploitation of the Memcare Content in any different manner is permittable only by an earlier and explicit consent of Memcare;
- Unless the provisions of this Terms of Service provide for otherwise, Memcare Content, in particular any works, trade marks, graphic elements, computer programs or their particular parts, data bases and other Intellectual Property belong to Memcare or other subjects with whom Memcare has concluded specific agreements. Every User using the Website is obliged to respect those rights. The User is in particular obliged to: a) Memcare Content may only be used for Users’ personal and non-commercial purposes;
b) Memcare Content shall not be reproduced or included in any other work or publication;
c) Memcare Content may not be modified or altered in any way;
d) Memcare Content may not be distributed or sold to any third party;
§4 Grant of the License.
- Subject to the terms and conditions of this Agreement, Memcare hereby grants to the User a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service.
- Memcare may terminate this license at any time for any reason or no reason.
- While using Service, User shall follow the rules set forth in there Terms of Service, in particular User shall not, directly or indirectly, take or enable another to take any of the following actions:
a) Record, reproduce a source code or any part of it;
b) Make any modification or translation of a source code or any part of it;
c) Disclose a source code or any part of it;
d) Interfere with or disrupt Services or servers or networks connected to the Memcare Notify;
e) Violate any requirements, procedures, policies or regulations concerning Memcare Notify;
f) Circumvent or modify any keys or other security mechanism employed by Memcare;
g) Transmit any viruses, worms, defects, trojan horses or any items of a destructive nature;
h) Decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form of the Memcare Notify and any other products of Memcare;
i) Allow any party other than User to access or use Memcare Notify;
j) Distribute, lease, rent, assign, resell or otherwise transfer use of Memcare Notify;
k) Build competitive software or services do Memcare Notify;
- User acknowledges that Website and Memcare Notify is protected pursuant to the provisions of Polish Copyright Act from 4th February 1994. All Intellectual Property rights in and information relating to Memcare Notify at all times be the exclusive property of Memcare. User acknowledges that protection accorded to Memcare Notify shall cover all forms of expression thereof, including its source code and interfaces.
- Nothing in these Terms of Service shall be deemed a transfer of any Intellectual Property from Memcare to User.
§5 User Content.
- By submitting, posting, providing, or otherwise making available any User Content on or through the Service, User expressly grant, and User represent and warrant that has all rights necessary to grant, to Memcare a royalty-free, sublicensable, transferable, irrevocable, non-exclusive, worldwide license, in particular in the following fields of use:
a. with respect to fixing and reproducing User’s Content: reproduction using a specific technique to make copies of User’s Content, including printing, reprographic, magnetic recording and digital technique; saving User’s Content in digital form; transmitting and distribution of User’s Content in computer networks, including the Internet and broadcasting User’s Content is this network, in such a way that each person may access the work from a place and at a time individually chosen by him.
b. with respect to trading in original or copies of the object on which User’s Content is fixed: marketing, lending or rental of the original or copies. c. with respect to other forms of distribution of User’s Content than that referred to in section b): public performance, display, screening, replaying and broadcasting and rebroadcasting as well as communicating a User’s Content to the public in such a way that each person may access the work from a place and at a time individually chosen by him;
d. make derivative works of all such User Content and usage of such derivative works;
in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Memcare’s business, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channels.
- In connection with User Content, User declare, ensure and warrant that:
a) content delivered by him do not infringe third parties’ rights, in particular copyrights.
b) he obtained the written royalty-free consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and these Terms of Service, and each such person has released the User from any liability that may arise in relation to such use.
§6 Complaints.
User has the right to submit a complaint concerning inadequacies of Service with precise description of difficulties or problems arising, submitting User’s contact data within the aim to enable a contact with the User, in particular Memcare Technologies, e-mail address on contact@memcare.com.
§7 Personal data.
- The administrator of the personal data provided by the User within the Services is Memcare.
- The personal data provided by the Users is collected and processed by Memcare in accordance with the applicable law and in line with the Privacy Policy, which the User may acquire, record using a communication and information system, as used by Website.
§8 Changes to the Service.
- Memcare independently decide upon the Website’s and Services functions, interface and infrastructure, in particular Memcare has the right to alter the Website’s content, interface and functions (as well as in the context of using particular functions of electronically supplied services) without an obligation to inform the User.
- Memcare has the exclusive right to publish and to decide upon publishing the content of advertising character on the Website, not strictly related to services provided.
- Memcare is not obliged to maintain the continuity or regularity in providing Service and Website’s sharing. Memcare is authorized but not obliged to modify the functioning of the Service or to change Website’s content.
- Memcare may, without prior notice, stop providing the Service or features of the Service create usage limits for the Service. Memcare may permanently or temporarily terminate or suspend your access to the Service without notice, in particular if in our sole determination you violate any provision of these Terms of Service.
§9 Liability.
- To the maximum extent permitted by applicable law, Memcare assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Service; (ii) personal injury or property damage, of any nature whatsoever, resulting from User’s access to Website or use of the Service; (iii) any unauthorized access to or use of Memcare’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or any malicious software that may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; (vii) any damages as a result the defamatory, offensive, or illegal conduct of any third party.
- Memcare shall not be liable for damages and infringements, including intellectual property infringements, caused directly or indirectly by use of User Content. In case of such claims addressed by third parties, User shall exempt the Memcare from liability towards third parties whose rights have been infringed and take over all claims addressed to Memcare. In case of brining a legal action against Memcare by a third party in connection to such infringement, User shall be obliged to cover the costs of legal representation for Memcre in the actually incurred amount, court costs as well as to join the case in the side intervenor character after receiving an appropriate court summons to participate in the case.
§10 Final provisions.
- Memcare is entitled to change the Terms of Service if this is necessary to add new functionalities in the Service or launch a new version of Website, as well as in case of a change of the applicable laws. All changes will occur within an appropriate scope of time, and the Users will be informed of the same at least 14 days prior to the date of entering the Terms of Service into force. The User who does not agree to the changes is authorized to terminate the contract effective immediately.
- In case of alteration or invalidations of any of the provisions of these Terms of Service by means of a decision of a competent authority or court, the remaining provisions remain in full force and effect and bind Mecare and the User.
- As regards issues not settled in these Terms of Service the provisions of the Civil Code Act of 23 April 1964, as well as other generally applicable provisions, are enforced.
- The governing law with respect to the resolution of all disputes connected with the Terms of Service is Polish law. These disputes will be resolved by the competent general court of local jurisdiction. In case of the Users not being consumers within the meaning of Article 221 of the Civil Code, the court is competent and has jurisdiction over the registered office of Memcare.
- Based on the 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, we inform that at the platform address is http://ec.europa.eu/consumers/odr and is available for online resolution of disputes between consumers and entrepreneurs at the EU level (an ODR platform). The ODR platform comprises a website offering a one-stop service for consumers and entrepreneurs pursuing an extrajudicial resolution of a dispute regarding contractual obligations resulting from an online contract for sale or contract for the provision of services.
- The Terms of Service will be enforced on 10.11.2018.
