1.1. These Terms and Conditions set out the terms, rules and manner of providing services by electronic means through the Resfind IT System available at www.resfind.com.
1.2. The owner of the Resfind IT System is Mirosław Butryn conducting business activity under the name "MIRBU Mirosław Butryn" in Rzeszów at Aleja Powstańców Warszawy 36/40, VAT ID: 8652336196, REGON: 122784033, e-mail address: info@mirbu.pl.
Electronic Service – a service transmitted, received or sent entirely via a telecommunications network within the meaning of the Act of July 16, 2004 – Telecommunications Law, provided without the simultaneous presence of the parties (remotely) upon the individual request of the Service Recipient sent and received using devices for electronic processing and storage of data.
IT System – cooperating IT devices and software ensuring the processing and storage, as well as sending and receiving of data via telecommunications networks using a terminal device appropriate for the given type of network.
Operator – the owner of the Resfind IT System.
Service Recipient – a party to the License Agreement; a natural person, including one conducting business activity, a legal person or an organisational unit without legal personality, to which the law grants legal capacity.
User – a person authorised by the Service Recipient to use the Booking System.
License Agreement – an agreement for the provision of an Electronic Service, granting or extending access to the IT System, concluded or being concluded by the Operator and the Service Recipient.
Booking System – a component of the IT System used for managing event calendars.
Booking Form – a component of the IT System used for booking events by the Service Recipient's Clients.
Event – the purpose of booking a time slot in a calendar, e.g. a meeting, appointment, consultation, procedure, etc., characterised by a defined duration.
Calendar – an individual schedule assigned to one employee, multiple employees or to devices used for handling events.
Service Recipient's Account – a separate section of the IT System, accessible after logging in using a username and password, containing resources and data belonging to the Service Recipient that are not accessible to other Service Recipients.
User Account – access credentials in the form of a phone number and password, provided to each User within the Service Recipient's Account.
Service Recipient's Client – a person using the Booking Form.
Billing Period – each calendar month, from its first to its last day inclusive.
Subscription Fee – the remuneration paid by the Service Recipient for use of the Electronic Service in a given calendar month.
Additional Fee – the remuneration paid by the Service Recipient for SMS messages sent in a given calendar month.
Price List – the currently applicable price list containing a list of services and service components along with their prices, on the basis of which the Subscription Fee and the Additional Fee are calculated.
Online Payment – an online payment made by means of a fast bank transfer or BLIK in respect of the Subscription Fee and/or the Additional Fee.
Payment Gateway – a system used to make Online Payments by the Service Recipient to the Operator, operated by an external payment service provider.
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
3.1. When concluding the License Agreement, the Service Recipient chooses one of two available forms:
3.1.1. Completes and submits to the Operator a form on the product website, confirming by checking the relevant box that they have read and accept the content of the Terms and Conditions and the Privacy Policy.
3.1.2. Replies to an e-mail sent by the Operator containing links to the Price List, Terms and Conditions and Privacy Policy, providing at the same time the details required for issuing a VAT invoice.
3.2. The Operator contacts the Service Recipient to obtain additional information needed to configure the Service Recipient's Account and create User Accounts, and then sends the Service Recipient an e-mail informing them of the activation of the Electronic Service along with the User Account credentials.
3.3. Use of the Electronic Service during a Billing Period entails charges in accordance with the Price List.
3.4. Termination of the License Agreement by the Service Recipient takes effect at the end of the given calendar month and does not entitle the Service Recipient to a refund of the fee paid for that calendar month if the termination occurs during a Billing Period.
3.5. Termination of the License Agreement by the Operator takes effect at the end of the given calendar month.
4.1. The Service Recipient is obliged to pay the remuneration for the use of the Electronic Service for each Billing Period, which remuneration consists of:
– the Subscription Fee in advance for the current calendar month,
– the Additional Fee in arrears for the previous calendar month.
4.2. The Subscription Fee comprises the charge for an account in the Resfind Application (at the rate specified in the Price List) and the charges for each Calendar defined in the Resfind system (at the rate specified in the Price List).
4.3. The Additional Fee consists of the costs of SMS appointment reminder messages, whereby the Service Recipient may disable the sending of such messages in the Resfind application.
4.4. The Service Recipient does not bear the costs of verification SMS messages containing a code to be entered, sent during the appointment booking process, except where the total value of such messages in a given month exceeds the value of the charges for the Calendars assigned to the account in the Resfind Application. In such a case, the difference between these amounts will be included in the Additional Fee in the following Billing Period.
4.5. All prices stated in the Price List are net amounts.
4.6. Payments for services may be made in the following ways:
– via the available Payment Gateway (Online Payment),
– by transfer of funds to the bank account belonging to the Operator.
4.7. Payment is made on the basis of a VAT invoice or a pro-forma invoice, and confirmation of payment in a form compliant with applicable law is sent to the Service Recipient's e-mail address.
4.8. The costs associated with processing Online Payments via the Payment Gateway are borne by the Operator.
4.9. Payment services via the Payment Gateway are provided by an external payment service provider that ensures the security of fund transfers. The Operator does not provide payment services within the meaning of the Act of August 19, 2011 on payment services (consolidated text: Journal of Laws of 2019, item 659, as amended).
4.10. An Online Payment begins by proceeding to the Payment Gateway (by clicking the relevant link in the e-mail, VAT invoice or pro-forma invoice). Where a fast online bank transfer is selected as the payment method, the payment process may involve logging in to the transaction system of the bank at which the Service Recipient holds a bank account.
4.11. Detailed payment terms are set out in the Price List.
5.1. Refunds of Online Payments may be made:
– as a transfer of funds from the payment service provider to the bank account from which the Online Payment was made, via the payment service provider,
– or in another form agreed between the Service Recipient and the Operator.
5.2. The Service Recipient is entitled to a full or partial refund of an Online Payment where a complaint is resolved in their favour.
6.1. The Service Recipient is entitled to use the complaints procedure by raising objections regarding the operation of the Booking System or the Booking Form, including in particular the accuracy of the data presented therein.
6.2. Complaints must be submitted in writing to the Operator at pomoc@resfind.com, stating the first and last name, the Service Recipient's own e-mail address and a description of the complaint containing the following information:
– circumstances relating to the subject of the complaint,
– type of irregularity,
– date on which the irregularity occurred,
– the Service Recipient's demands.
6.3. Complaints are handled within 14 days of the date of receipt, and the Service Recipient is notified in writing of the outcome of the complaint proceedings by e-mail.
7.1. In order to ensure the correct operation of the Booking System and the Booking Form, it is necessary to have a native browser or Firefox, Opera, Chrome, Edge or Safari installed on a computer, tablet or mobile phone, with JavaScript and cookies enabled. It is recommended that the latest stable versions of these browsers be used.
7.2. The service is available to Users and Service Recipients' Clients around the clock.
7.3. The Operator reserves the right to brief interruptions resulting from periodic system maintenance or caused by random events.
7.4. The Operator does not guarantee that the IT System is free from errors or that Users and Service Recipients' Clients will be able to use it without disruption.
7.5. The Operator undertakes to promptly repair any faults that prevent or impede access to the Electronic Service.
7.6. The Operator undertakes to provide all updates to existing functionalities and patches under the License Agreement and the Subscription Fee.
7.7. The Operator offers an optional appointment synchronisation feature with the Google Calendar service. Activation of the integration is voluntary and requires the User to grant separate consent on the Google authorisation screen (OAuth 2.0). The scope of permissions requested, the manner of processing and storing data obtained via the Google API, as well as the procedure for revoking consent are set out in the Privacy Policy. The Operator uses the Google Calendar API solely for the purpose of creating, modifying and deleting events in the User's calendar that correspond to appointments managed in the Resfind system. The integration does not entitle the Operator to read events created outside the Booking System or to access any other data from the User's Google account.
8.1. The Operator confirms that the Service Recipient is the owner of all content entered through the Electronic Service and accepts no liability for the content presented within the Service Recipient's Account.
8.2. Users are obliged to use the Electronic Service in accordance with its intended purpose, applicable law and good practice, with due regard for the personal rights and the copyright and intellectual property rights of the Operator and third parties.
8.3. The Operator licenses the IT System in the form in which it has been delivered and makes no implied warranties as to its fitness for any particular purpose.
8.4. The Operator shall in no event be legally liable to the Service Recipient for damages arising from the use of or inability to use the IT System, regardless of how such damages arose or what they relate to, in particular damages resulting from:
– interruptions in the availability of the Electronic Service due to reasons beyond the Operator's control or resulting from events that the Operator could not have foreseen,
– incorrect functioning of the IT System due to telecommunications network errors,
– access to User Accounts by unauthorised persons,
– lack of knowledge of or non-compliance with the Terms and Conditions,
– risks associated with Users' use of the network, i.e. hacker attacks and viruses.
8.5. The Service Recipient is in no event authorised to distribute the Booking System, including by renting, sub-renting, lending or sub-licensing it, nor to make User Accounts available to persons other than those designated by the Service Recipient.
9.1. Copyright and intellectual property rights to the IT System as a whole and to its individual elements, including the content, graphics and works available within it, belong to the Operator or other entitled third parties and are protected by copyright law and other universally applicable legal provisions.
9.2. The Service Recipient does not receive any copyright in the IT System.
9.3. The source code and structure of the IT System constitute a valuable trade secret of the Operator, and any modifications, decompilation or other attempts to determine the source code are strictly prohibited.
10.1. The controller of the personal data of the Service Recipient and Users is the Operator.
10.2. The sets of personal data of the Service Recipient and Users that are processed include: first and last name, e-mail address, phone number.
10.3. The Service Recipient has been informed in the Privacy Policy of the purpose, scope, rules and legal basis for the processing of personal data, as well as of their rights, including in particular the right to access their data, correct, delete, port, restrict processing, cease processing and the right to object to the processing of their data under the GDPR, including the right to lodge a complaint with the Personal Data Protection Office (UODO).
10.4. The retention period for the personal data of the Service Recipient and Users, as well as the personal data of the Service Recipient's Clients, does not exceed what is required to ensure the correct operation of the Electronic Service and amounts to 30 calendar days from the date of termination of the License Agreement.
11.1. The controller of the personal data of the Service Recipient's Clients is the Service Recipient.
11.2. The sets of personal data of the Service Recipient's Clients that are processed include: first and last name, phone number, e-mail address.
11.3. With regard to the personal data of the Service Recipient's Clients, the Operator is not the data controller but a data processor, i.e. an entity to which the Service Recipient entrusts the processing of personal data for a strictly defined purpose.
11.4. The Operator undertakes to process the personal data entrusted to it in accordance with these Terms and Conditions as well as with the GDPR and other universally applicable laws protecting the rights of data subjects.
11.5. The Operator guarantees the confidentiality of all personal data entrusted to it and does not disclose such data to third parties, but may entrust their processing, in particular for the purpose of recording and storing them in an electronic system and for the purpose of providing the Electronic Service, including the sending of SMS messages.
11.6. Upon termination of the License Agreement, the Operator (data processor) returns to the Service Recipient (controller of the Service Recipient's Clients' personal data) all personal data and deletes all existing copies thereof, or sends electronic confirmation of their destruction.
11.7. The Operator shall, to the extent possible, assist the Service Recipient to the necessary extent in fulfilling the obligation to respond to requests from data subjects.
11.8. Upon detecting a breach of the protection of the personal data entrusted to it, the Operator notifies the Service Recipient thereof no later than within 24 hours of detecting the breach, and without undue delay takes all measures aimed at limiting and remedying the negative consequences of the breach.
12.1. The License Agreement and all communications between the parties shall be conducted in Polish.
12.2. All disputes regarding these Terms and Conditions and the License Agreement shall be resolved under Polish law and submitted to the court having jurisdiction over the Operator's registered office.
12.3. These Terms and Conditions constitute the entire agreement between the Service Recipient and the Operator and supersede all previous written and oral agreements.
12.4. The Operator reserves the right to amend the Terms and Conditions; the amended Terms and Conditions shall be binding on the Service Recipient provided that the requirements set out in applicable law have been met, in particular that the Service Recipient has been notified of the changes and has not terminated the agreement within 30 calendar days of the date of notification.
12.5. Matters not regulated by these Terms and Conditions shall be governed by the universally applicable provisions of Polish law, in particular the Civil Code, the Act on the provision of services by electronic means of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended) and other applicable universally binding legal provisions.