DEFINITIONS

• Agreement – a contract for the provision of Services concluded between the Operator and the Contractor on the terms and in the manner specified in the Regulations.

• Regulations – this document together with the Table of Fees.

• Party – Operator or Contractor.

• Operator – Glasson International Sp. z o. o. with its registered office at 3 Maja 17, 40-097 Katowice, NIP: PL 5771983931 REGON: 368530968

• Services – tools supporting the provision of optical services by the Contractor, made available on the Website by the Operator under the terms of these Regulations.

• Service – internet portal run by the Operator at www.glasson.app

• Contractor – a natural person conducting business activity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, being an optician or conducting optical activity , commissioning the Operator to provide Services.

• Customer Account (hereinafter also referred to as “Account”) – a separate part of the Website containing a set of information about the Customer, enabling the Customer to use the Services and manage Customer profiles.

• Client – a natural person (consumer) using the Contractor’s services.

• Registration – completion by the Contractor of the electronic form located on the Website by providing the data indicated in the form, submitting declarations regarding the activity and sending them to the Operator using the option available in the form. Registration requires activating the activation link sent to the e-mail address provided in the registration form. Registration results in the creation of the Contractor’s Account and the commencement of the Trial Period.

• Fee – Subscription Fee, payable by bank transfer or via an electronic payment system, after the Operator issues an accounting document.

• Subscription Fee – remuneration payable by bank transfer or via an electronic payment system, after the Operator issues an accounting document. The Subscription Fee is payable in advance, the remuneration paid for the Subscription Plan in advance (unless the Fee Table provides otherwise). Payment of the fee results in the extension of the Account validity.

• Billing Period – time period from the first to the last day of a calendar month.

• Incomplete Billing Period – a time period from a day other than the first day of a calendar month to the last day of the calendar month.

• Trial Period – seven calendar days from the date of obtaining full functionality of the Contractor’s Account, during which the Contractor may use the Services without having to pay any Fees

• Subscription Plan – (hereinafter also referred to as the “Plan”) – the scope of Services provided by the Operator (depending on the type of Plan selected by the Customer, in accordance with the Fee Table).

• Table of Fees – an integral part of the Regulations containing information on the amount of Fees and the deadline for their payment.

• Account Blocking (hereinafter also referred to as “Account Blocking”) – preventing the Counterparty from using the Account for reasons specified in the Regulations.
• Technical Support – support for the Contractor in the operation of the Contractor’s Account.
• Force majeure – events caused by reasons that could not be predicted and over which the Operator had no influence, despite exercising due diligence, in particular: natural disasters, wars, riots.
• Working day – days from Monday to Friday, excluding Saturdays, Sundays and public holidays.

  GENERAL PROVISIONS

• The Agreement is concluded by means of Registration.

• The Regulations define the rules for using the Services by Customers.
• The full functionality of the Customer’s Account shall be activated after verification of the correctness of the data provided by the Customer during Registration, which shall take place within 2 business days of Registration.

  RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

• The Contractor is the administrator of the data he has entered in the Account.

• The Contractor has the right to free Technical Support via e-mail, through the contact form on the Website

• The contractor is obliged to:

• providing true and complete data during Registration and ordering Services,
• timely payment of fees,
• immediate updating of the Contractor’s data in the event of any changes.
• The Contractor declares that the data posted on the Account are consistent with the law and the actual state of affairs.
• The Contractor may not provide any illegal content within the scope of the Service or the Contractor’s Account.

  BLOCKING A CONTRACTOR’S ACCOUNT

• The Operator reserves the right to block the Contractor’s Account in the event of:

• violation of these Regulations by the Contractor,
• using the Account in a manner inconsistent with applicable law or in a manner violating good manners,
• the Operator has reasonable doubts as to the veracity of the data provided during Registration, and
  in other cases indicated directly in the Regulations.

• The Contractor shall be informed of the Account Blockade immediately after it has been made, by means of a message displayed within the Contractor’s Account and by means of a message sent to the e-mail address provided by the Contractor during Registration.

  ORDERING AND PROVIDING SERVICES

• Completing the Registration is tantamount to the Contractor reading and accepting the Regulations.

• During the Trial Period and after its completion, the Contractor may place an order for the provision of Services. To place an order, complete the order form available in the Account, indicating:

• Subscription Plan,

• data necessary to issue invoices and the e-mail address to which invoices are to be sent.

• After the Trial Period, the Customer’s Account will be blocked until an order for the provision of Services is placed.

• If the Customer fails to pay for the placed order or fails to settle the Fees within the time specified in the accounting document sent to the Customer, despite being requested to do so by the Operator via e-mail to the address provided by the Customer and via a message displayed on the Customer’s Account to make the payment, within an additional seven-day period, the Customer’s Account will be blocked until the order is paid for or the Fees are settled.

• The fee must be paid within 7 (seven) days from the date of issue of the accounting document.

• The Contractor consents to the issuance and transmission of invoices electronically.

• During the term of the Agreement, the Contractor may change the Subscription Plan, provided that the selection of a Plan with a lower price does not result in the Operator’s obligation to return the Fees already paid. The change in the Subscription Plan is implemented at the moment the Contractor makes them within the scope of the Account.

• Settlement of the amounts due for a change of the Subscription Plan in the event of selecting a Plan with a higher price will be made in accordance with the Table of Fees, in proportion to the period in which the Contractor used the individual Subscription Plans.
• The Operator reserves that the time for updating the Website, including in particular the introduction of changes in the current offer of manufacturers and distributors of spectacle lenses, is 7 business days from the date of publication of the new offer by them.

  TERMINATION OF THE CONTRACT

• The Contractor is entitled to terminate the Agreement at any time, provided that the termination notice should be submitted no later than five business days before the end of the validity period of the Contractor’s Account. In the event of failure to terminate the Agreement within the period referred to above, point 5.14 of the Regulations shall apply. Termination may be made in the following manner:

• in writing to the Operator’s address,
• via e-mail or the functionality available within the Customer Account.
• Termination of the agreement does not result in the Operator being obliged to refund any Fees already paid.

• In the event of termination of the Agreement by the Contractor, at his request sent to the Operator by e-mail or via the contact form available within the Account, the Operator shall, within 7 (seven) days from the date of termination of the Agreement: prepare and send to the Contractor a copy of the data contained in the Contractor’s Account to the e-mail address provided during Registration or another address indicated by the Contractor, or

• After the deadline specified in point 6.3 above, the Customer’s Account will be deleted.

• Failure to terminate the Agreement by the Contractor shall result in automatic extension of the validity of the Contractor’s Account (conclusion of a new Agreement) in accordance with the Subscription Plan. In such a case, the validity of the Account shall be extended with the proviso that in the event of the lack of availability of the previous Subscription Plan in the Service, the Contractor shall be assigned the Plan that is the most similar (taking into account the criterion of the Plan’s cost), to which the Contractor agrees.

• The Operator may terminate the Agreement with a 30-day notice period. In such a case, the Operator shall return the Fees to the Contractor in a part corresponding to the period for which the Agreement was concluded.

• The Operator may terminate the agreement without notice if the reasons for the Blockade referred to in 4.2 do not cease within 30 days of its occurrence.

  CONTRACTOR DETAILS

• The administrator of the personal data of the Contractors is Glasson International Sp. z o. o. with its registered office at 3 Maja 17, 40-097 Katowice, NIP: 5771983931 REGON: 368530968 The Operator may process the following personal data of the Contractor: name and surname, address, telephone number, e-mail address.

• Personal data are processed for the purpose of executing the Agreement and direct marketing of the Operator’s own products or services, in accordance with applicable law.

• The Contractor has the right to access and correct his/her personal data.

• Providing personal data is voluntary, but may be necessary for the provision of Services (in the case of Contractors who are natural persons conducting business activities).

• The Operator is not the administrator of personal data entered by the Contractor or Recipients within the scope of the Contractor’s Account.

• The Contractor is the administrator of the Customers’ data entered into the Service and declares that it processes them in accordance with applicable legal provisions, in particular it has the consent of the Customers or processes them on another legal basis.

  RIGHTS ON INTANGIBLE PROPERTY

• All materials placed and made available on the Website, as well as the manner of their presentation (layout) are protected under the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2006, No. 90, item 631) or the Industrial Property Act of 30 June 2000 (Journal of Laws of 2013, item 1410) and are owned by the Operator, unless otherwise clearly indicated by their content or circumstances.

• The Contractor is entitled to use the Services for the duration of the Agreement, only within the scope of the functionalities made available to him by the Operator, in accordance with the order placed by the Contractor. The Contractor does not obtain any rights, including intellectual property rights, beyond those expressly specified in the content of the Agreement. In particular, the Contractor is not entitled to obtain any source files.

• The Operator has the right to publish the website address and logo or trademark belonging to the Contractor on its reference list located within the scope of the Service. In the event that the designations indicated above constitute a work within the meaning of the Copyright and Related Rights Act or are subject to protection under the Industrial Property Law Act, the Contractor hereby grants permission to use them, within the scope described above, free of charge for an indefinite period. The Contractor declares that it is entitled to grant authorization within the above-mentioned scope. The Contractor may, by means of a declaration submitted in the form of an e-mail message sent from the e-mail address provided by the Contractor, withdraw the consent referred to in this point.

  RESPONSIBILITY

• The Operator is liable for damages resulting solely from his wilful misconduct. The Operator’s liability is limited to three times the monthly Subscription Fee.

• The Operator’s liability for interruptions or difficulties in using the Service is excluded if:

• the need to perform any repair, modification or maintenance of the hardware or software used to provide the Service, provided that the total interruption in access to the Service does not exceed 48 hours in the Billing Period.

• a circumstance beyond the control of the Operator (e.g. a case of Force Majeure, action of a third party, action of the Contractor);
• an error or delay in transmission, unless the errors or delays in transmission were caused by the fault of the Operator.
• The Contractor undertakes to cover all damages resulting from the Contractor’s action or omission that is contrary to law, the Regulations or custom, both in terms of losses and lost profits.

  TECHNICAL CONDITIONS

• In order to properly use the Website and Services, it is necessary to:

• computer – with access to the Internet, equipped with an up-to-date web browser or

• mobile device (smartphone/tablet or other) – with access to the Internet, equipped with an up-to-date web browser

• The Operator reserves the right to perform maintenance and update work on the Service. The Operator will make every effort to ensure that the indicated work is carried out in the shortest possible time.

  COMPLAINTS

• The Contractor has the right to submit a complaint regarding the use of the Service at any time.
• Complaints should be submitted via e-mail to the following address: office@glasson.app or via the contact form available within the Account.
• The complaint should include: the name of the Contractor, the e-mail address to which the response is to be sent and a description of the subject of the complaint (enabling its consideration).
• The Operator shall consider complaints within 10 business days, unless the Contractor:
• did not describe the subject of the complaint in a way that would allow it to be considered,
• did not provide data enabling the identification of the Contractor.
• In the case referred to in 11.4.1.- 11.4.2, the time limit for considering the complaint runs from the day on which the Contractor provided the Operator with the missing information.

• The Operator shall send the response to the complaint to the e-mail address provided by the Contractor.

  FINAL PROVISIONS

• The Contractor will be informed of the changes referred to in 11.2. regarding the Account. The changes shall enter into force upon their introduction.

• The Operator reserves the right to make changes to the Regulations. The Operator will inform the Contractor by e-mail to the e-mail address provided by the Contractor and in the scope of the Account at least 14 days before their entry into force. Using the Service and the Contractor’s Account after the date of entry into force of changes to the Regulations is tantamount to their acceptance and does not require the Contractor to submit any separate declaration.

• Changing the Fee Schedule does not affect the prices of Services already paid for.

• If individual provisions of this Agreement are deemed invalid or ineffective in a manner prescribed by law, this shall not affect the validity or effectiveness of the remaining provisions of the Agreement.

• All information concerning the Agreement obtained by the Contractor constitutes the Operator’s business secret within the meaning of the Act of 16 April 1993 on Combating Unfair Competition (Journal of Laws 2003 No. 153, item 1503).

• Any disputes between the Parties arising from or related to the Regulations shall be resolved by a common court having jurisdiction over the Operator’s registered office.

• The contract is subject to Polish law.

Appendix No. I Table of Fees

The fees are net amounts, to which VAT should be added at the currently applicable rate.