General Terms of Service Provision (hereinafter referred to as" General Terms ")
The General Terms and Conditions of the Jaty Service define the rules of using the Jaty service (hereinafter referred to as the "Jaty Service"), operated by Allset Piotr Zatorski, 8a Orkana 25-548 Kielce, NIP: 9591864486, REGON: 381246125, hereinafter referred to as "Jaty".
Upon registration on the Website, the Customer declares and warrants that he has read and accepted the General Terms and Conditions. The general terms and conditions therefore form an integral part of the contract.
The general conditions apply to all customers.
People over 18 years of age may use the Jaty Service.
1. Subject of the contract
(1) The subject of the contract concluded between the Customer and the Website may be both free and paid services. Registration on the Jaty Website is free of charge, additionally paid services are provided only at the request of the Customer after paying the appropriate fee. Before using the paid service, the Customer is informed that the service is payable and what is its cost. Jaty Service offers the Client, among others, the following benefits (see also point 3. "Jaty's service and the scope of services"):
Customer introduction to the Service database and data management;
Enabling contact with other Customers of the Jaty Service.
(2) The subject of the contract between the Customer and the Jaty Service Center is neither marriage matching, matrimonial mediation, nor activity aimed at establishing a partnership or marriage.
(3) Jaty's website offers its services solely for private purposes. By registering for the Jaty Service, the Customer undertakes to use the Jaty Service only for private purposes, not for profit or professional purposes.
(4) To use the Jaty Website, it is necessary to have devices that allow the use of the Internet, an e-mail mailbox and a web resource browser that allows displaying WWW pages.
2. Using the Service and concluding a contract
(1) The use of the Jaty Service requires registration. During registration, the Customer chooses a username under which other customers of the Service will be visible, and a personal password. Alternatively, the Jaty Service may assign to the Customer the so-called "Code". The e-mail address provided is used only for contacting the Service of Jaty with the Client and is not passed on to other Clients of the Service of Jaty.
(2) By registering, the Customer accepts these General Terms and Conditions and declares that he or she is of legal age, i.e. at least 18 years of age.
(3) The contract between the Customer and the Jaty Service Center is concluded upon the Customer's registration. These General Terms and Conditions apply to this agreement. Registration is free.
(4) At the time of ordering a paid service, the registered customer receives the so-called "Premium account", to which the General Terms and Conditions also apply. The Customer is informed about the payment of the benefit and the applicable prices and terms of payment. The contract for paid services is concluded when the Customer accepts the obligation to pay on the Website by clicking on the acceptance field.
(5) The customer declares that the data provided during registration, ordering and payment are true.
(6) Jaty has the right to block access to the website if the customer uses the website and / or website in breach of legal provisions; violating one or more rights of third parties or breaching the current obligations of the client - see further details. 6. Customer Responsibilities. Blocking access or removing the account for the reasons indicated above does not release the Customer from the obligation to pay for the ordered service. In the event of a serious breach by the Customer of the provisions of the General Terms and Conditions or the contract, the Jaty Service Center reserves the right to charge a contractual penalty in the amount of up to (EUR 350.00). Demand by the Website of the amount of compensation exceeding the amount of the contractual penalty is allowed.
3. Jaty service and scope of services
(1) The provision of services by the Jaty Website begins with the registration and filling in the profile data. Filling out consists of a series of questions to which the Client answers.
(2) The Customer's responses and further personal data are entered into the database of the Jaty Website and compared there with the data of other Customers of the Jaty Website. The comparison is made on the basis of a mathematical algorithm (computational operation) that allows to determine the compliance of two customer profiles.
(3) As a result of comparing the Customer's data with the data of other Customers of the Jaty Website, the Customer receives a list of those Customers who best suit him, in the form of anonymous short profiles.
(4) The Client may then contact other Jaty Service Clients proposed to him. Direct contact between Jaty's Service Clients is possible only with mutual consent of the Clients. Such mutual consent may be obtained in such a way that a given Customer sends his anonymous abridged profile to the selected Customers (so-called "contact"). The other Customer may then decide whether he wants to respond or not. Contacting within the meaning of the General Conditions also when the Customer agrees to contact proposals from another Customer.Communication between Customers takes place via the internal communication system of the Jaty Website.
(5) The possibility of establishing contacts and transmitting messages is free, unless agreed otherwise during the conclusion of the contract.
(6) A month should be understood not as a calendar month but a period of full 31 days.
(7) Before getting access to paid benefits, the customer is clearly informed about the existing payment obligation. The costs incurred, the scope of services and the applicable payment terms are explained as part of the ordering procedure for the respective paid service.
(8) Jaty Website does not guarantee that the data provided by the Customers is true.
Jaty Website does not guarantee that the contact will be made effective during the term of the contract.
(9) Basically, the service provided by Jaty is available 24/7. Availability is estimated at 95% on an annual basis. The above value does not include interruptions related to the maintenance or update of the software or caused by factors that are not dependent on Jaty, such as unavailability of Internet services due to the fault of third parties or due to force majeure. Jaty recommends its clients to use the latest (browser) technology and to use appropriate browser settings (Java script, cookies and pop-ups activation) for better use of Jaty. Where outdated or non-standard technology is used, Jaty cannot guarantee the proper operation of all services and features.
(10) The customer acknowledges and agrees that all content submitted by him to the Jaty website is available for viewing by all customers on his list of featured contacts. This applies regardless of whether other customers have registered with the site operated by Jaty or through other websites / applications or partners cooperating with Jaty. In this way, customers can benefit from a central database maintained by Jaty over services that are available through various domains and websites / applications, seeing these users in their recommended contacts.
4. Mutual notifications made by the Customer and Jaty Service
(1) Messages from Jaty to the client are sent through the screens displayed after "Logging in", i.e. when the client has entered his username (or assigned Code) and password, or to the e-mail address provided by the client during registration or currently stored by the customer in their profile.
(2) Messages from the Customer to the Jaty Service Center are sent by e-mail to the e-mail address provided on the Jaty website (e.g. [email protected]), by letter or fax. When contacting Jaty by letter or fax, for unique authorization and protection against misuse, it is absolutely imperative that the Customer provide at least their registered e-mail address on the Jaty website, the country in which they use Jaty's services and the username (or mu code) in correspondence with Jaty. When contacting Jaty by e-mail, for authorization and protection against abuse, it is absolutely imperative that all e-mails sent by the Client to Jaty are sent from the e-mail address provided by the Client during registration or currently stored by The client in his profile.
5. Liability of the Jaty Website
(1) The Jaty website is not responsible in any way, within the limits consistent with applicable law, for the materials and data provided and published on the Jaty website by customers and for their truthfulness, reliability and authenticity. The Jaty website is not responsible for the correctness of the data provided by the Jaty website customers in the personality test. The Jaty website is therefore not responsible for the correctness of the test result and the comparison of customer profiles, because the preparation of the test result and comparison of customer profiles are based on the data provided. If we learn that the client is in breach of legal regulations; violates one or more of the rights of a third party or breaches the customer's existing obligations under clause 6, then clause 2.6 will apply.
(2) Direct contact between Jaty's Service Clients takes place only with mutual consent (see section 3 "Jaty's Service and the scope of services"). Jaty's Service is therefore not liable if no contact is made during the term of the agreement. Jaty Service makes every effort to mediate in contacts between Jaty Service Customers by ensuring appropriate technical conditions. p>
(3) Jaty's website is not responsible for the misuse of data and information by others, because despite the express prohibition (see point 6 "Customer's obligations"), customers may use the Jaty's website in violation of the law. when the information that the Customer himself has made available to a third party is used unlawfully by a third party.
(4) Jaty does not guarantee that the service will be error-free at all times, ie that it will be constantly available without interruption. In particular, Jaty is not responsible for failures of technical equipment or the quality of access to services due to force majeure or events beyond Jaty's control (e.g. failure of communication networks).
(5) Jaty is not responsible for the unlawful acquisition of customer personal data by third parties, e.g. in the form of access to the database by hackers.
(6) For losses other than those resulting from the above-mentioned reasons, Jaty will be liable only in cases of intentional or gross negligence on the part of its management, employees or contractors, and such liability is proportional to the other reasons that contributed to the loss.
(7) Jaty is only liable for slight negligence in the event of damage to life, body or health or in the event that it has breached essential contractual obligations. Liability in the latter case is limited to the foreseeable, direct losses typical of this type of contractual relationship.
(8) Contractual liability is otherwise excluded.
6. Customer Responsibilities
(1) The customer is solely responsible for all data provided by him. She/he ensures that the data provided by him is correct. The customer undertakes not to provide the data of third parties as his own. Providing false data violates the provisions of the contract and the General Terms and Conditions and may require the Jaty Website to take appropriate legal steps.
The customer undertakes to keep the data provided on the Jaty Website, in particular contact details and payment details, up-to-date.
The Jaty website is entitled to check the content of the profile, including the posted photos, in terms of their compliance with the law, General Conditions and the contract. Jaty's website is entitled to reject, change and even delete the content of the data.
(2) The client should not provide information that is not explicitly requested of her/him. This applies in particular to name, home address, e-mail address, website address, telephone number, fax number.
(3) The Customer is obliged to treat confidential data (in particular names, home addresses, e-mail addresses, website addresses, telephone numbers and faxes) regarding e-mail, messages and notifications received from other Customers of the Jaty Website and to not to disclose this data to third parties without the consent of the data subject. It is forbidden to disclose the data of persons who are not Clients of the Jaty Website.
(4) The Client guarantees that he will not conduct commercial activities via the Jaty Website and undertakes not to send messages to other Clients of the Jaty Website for purposes other than personal communication. In particular, the Customer will not advertise or offer goods or services. The customer also undertakes not to send the so-called "Spam" etc. This includes, but is not limited to, the use of the video chat feature, which is available in some countries as part of the Premium Account.
(5) The Client undertakes not to use the Jaty Service for the purpose of:
sending defamatory, scandalous, pornographic or illegal material;
threats, harassment, defamation etc;
making promises or demands for cash benefits;
violate the rights of third parties.
The customer also undertakes to:
not to introduce data containing viruses (infected software) to the Website;
not to enter data containing software or other materials protected by copyright or industrial property rights to the Jaty Website, unless the Customer is the owner of a given right or has the necessary consent of the holder of the right to use the software or materials;
not to use the Jaty Website in a way that may adversely affect the availability of the Jaty Website offer to other Customers;
not to interfere with the computer system of other Clients, in particular not to take illegal actions related to the e-mail of other Clients.
(6) The breach by the Customer of one of the above-mentioned obligations may lead to the termination of the contractual relationship by the Jaty Website, which is related to the immediate blocking of access to the Jaty Website. All claims by the Jaty Service Center against the Customer remain valid (see point 2 "Use of the Jaty Service and conclusion of the contract" (6)).
(7) If the Customer uses the data on the Jaty Website for commercial purposes, the Jaty Website may demand the payment of a contractual penalty in the amount of (EUR 2,500, -) for each single violation. Demand by the Jaty Service for compensation exceeding the amount of the contractual penalty is allowed.
(8) The customer undertakes to release the Jaty Website from any effects of lawsuits, claims for damages, losses and receivables that arise in connection with his registration on the Jaty Website and use of it. The customer indemnifies the Jaty Service from all civil liability and from all liabilities and damages that may arise as a result of claims arising from slander or insult, and from violating the rights of other customers.
(9) The client should receive incoming messages and reply to them regularly and, if necessary, archive them on his own computer or other data carrier.
Jaty's website is entitled, without the consent and notification of the Client, to delete messages saved in the Client's account after twelve (12) months from sending or receiving the message by the Client.
The Jaty Service Center is entitled, without the consent and notification of the Customer, to delete the account of the Customer who does not use the free Jaty Service for a period of at least six (6) months. First of all, this action serves to protect the Customer's data, because the Jaty Service assumes that after this deadline, the Customer is no longer interested in storing his data, and secondly, this action is to clean the Jaty Service's database of inactive customers, which is tantamount to improving the quality of the service offered. .
7. Information on data protection, data processing and cookies
Our personal data protection can be found here: https://www.jaty.pl/polityka-prywatnosci
8. Termination of the contract, extension of the contract and suspension of the service provision
The customer may conclude a paid contract with the Jaty Service (payable contract) and a free contract (free contract). The free contract is created upon the Customer's registration on the Jaty Website.
The customer is entitled to terminate a free and paid contract at any time without giving any reason. Membership is terminated by filling out the contact form in the "Help" menu on the Jaty Service website.
Jaty's website is entitled to terminate the free contract with a 14-day notice period. Notwithstanding the foregoing, the Jaty Service is entitled to terminate the contract at any time in the cases specified in these General Terms and Conditions and in the contract.
(2) Extension of contract
The contract for the performance of a paid service is automatically extended for the period agreed in the order (e.g. 3, 6 or a maximum of 12 months), unless the Customer terminates the contract in writing at least 14 calendar days before the end of the contractual period - unless a different date has been agreed - by providing the name and surname, country in which he uses the Jaty Website, e-mail address registered on the Jaty Website and the user's name (or a code assigned to him). See paragraph 1 of this section "Termination of contract", paragraph "Termination of a contract for pecuniary interest".
In the case of trial subscription, advertising campaigns, etc., there may be exceptions to this rule. In each case, the Customer is informed about the duration of the trial subscription, the possibility of its termination and its possible automatic extension.
When ordering a paid service, the Customer is informed about the duration of the contract, the date of commencement of the contract, upon receipt of the order confirmation.
Jaty will inform the User via e-mail sent to the e-mail address provided during registration about the upcoming extension of the subscription, before its renewal.
(3) Service Cessation
Jaty's website has the right to partially or completely discontinue the services offered. Jaty will inform the client about the planned cessation of the service and its scope in advance at least 14 days before the partial or complete cessation of the service.
Customers who have paid but have not fully used their rights to use the Jaty website at the time of stopping the services will receive a proportional refund for the unused rights.
9. Complaint, delay in payment
(1) Any complaints may be submitted by the Customer via e-mail or in writing to the addresses below:
Jaty Customer Service ul. Orkana 8a 25-548 Kielce
or E-mail: [email protected]
(2) Objections to the amount charged from the account or the costs indicated in the invoice should be reported to the Jaty Service Center and justified (for example, a calculation error) in writing within six (6) weeks from the collection of the disputed costs from the account or receipt of the invoice .
In the event of an eligible objection, the amount claimed is either refunded to the Customer or an extension of the performance against payment ("Premium Membership") is offered. The extension of the performance corresponds proportionally to the period to which the Customer has lodged the entitled objection.
The customer also has the right to appoint the Jaty Service Center a period of five working days to restore the proper performance of the service. If the reason for the complaint is not removed after this deadline, the customer has the right to terminate the contract. The reimbursement of the unused balance is made in accordance with clause 8 "Termination of the contract, extension of the contract and suspension of service provision", paragraph 1.
Insignificant difficulties in using the Website do not entitle to lodge a complaint. An insignificant difficulty in using the paid benefit occurs when the period in which the Customer cannot use the paid benefit does not exceed two consecutive days.
(1) All rights to the Jaty Website's programs, procedures, software content, technologies, brands, trade names, inventions, materials and any other intellectual property rights that are part of the Jaty Website are vested solely by the Jaty Website. The use of any programs and their content, materials, brands and trade names is allowed only for the purposes indicated in these General Terms and Conditions. Reproduction of programs, benefits, procedures, software, technologies, brands, trade names, inventions and materials belonging to the Jaty Website is prohibited, unless expressly permitted by the Jaty Website.
11. The right to withdraw from the contract, Information on the exercise of the right to withdraw from the contract
Information on the exercise of the right of withdrawal
Right of withdrawal
The customer has the right to withdraw from the contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of the conclusion of the contract.
In order to withdraw from the contract, a clear statement (e.g. by letter sent by post, or by e-mail) about the decision to withdraw from the contract. In order to meet the deadline for withdrawing from the contract, it is enough to inform about the exercise of the right of withdrawal before the expiry of this period.
Consequences of withdrawal
In the event of withdrawal from the contract, we will refund all payments received, including delivery costs (with the exception of additional costs resulting from the choice of a delivery method other than that offered by us, the cheapest standard delivery), immediately and at the latest within fourteen days from the date of receipt by us information about your withdrawal from the contract. The same method of payment used for the original transaction will be used for the reimbursement of the payment, unless otherwise expressly agreed. However, in no event will any fees be charged for the refund of the payment.
If we have been obliged to commence the provision of services within the period to withdraw from the contract, then you undertake to pay the fee for the services rendered until notification of the exercise of the right to withdraw from the contract, proportionally to the entire scope provided for in the contract for the provision of services.
12. Change of the General Conditions
(1) The General Conditions contained in the Regulations may be amended if they do not affect the essential provisions of the contractual relationship and that such a change is necessary in order to adapt issues not provided for at the time of the conclusion of the contract, which would significantly breach the balance of the contractual relationship should they remain unaccounted for. "Essential provisions" are in particular those relating to the type and scope of the contractually agreed services and their duration, including the provisions governing their termination. Further modifications or additions to the Regulations may take place if it is necessary to solve difficulties related to the performance of the contract, caused by gaps arising after the conclusion of the contract. In particular, this may be the case when the legislation is changed and it affects one or more points of the Regulations.
(2) The specifications for the services may be changed if there is a justified need, provided that these changes do not result in an objectively less favorable situation for the customer (e.g. the need to service or improve the functionality of the website) than it was caused by the specifications of services in force at the time of concluding contract and they do not differ significantly from the previous specifications. A justified need to make changes occurs when technical innovations are available on the market or when third parties, from whom Jaty obtains advanced services necessary for the proper functioning of the website, change the scope of their services.
(3) The customer must be informed of the changes to the Regulations and the specifications of the services in accordance with paragraph 12. (1) and (2) at least six (6) weeks before their entry into force. Upon their entry into force, the customer should have a special right to terminate the contract. If the customer does not terminate the contract in writing within six (6) weeks of receiving notification of the changes, the changes will become part of the contract when they come into effect. The customer will be expressly notified of this effect via a notification of the changes.
(1) Jaty has the right to commission third parties, who are its service providers and contractors, to provide part or all of the scope of the services provided, provided that this does not cause any disadvantages to the client.
(2) If individual provisions of these Terms and Conditions or the contract are or become invalid, the validity of the remaining provisions shall remain binding on the parties.
(3) The applicable law in the relationship between the Customer and Jaty's Website is Polish law, subject to the mandatory provisions of the EU Regulation No. 593/2008.
(4) Jaty does not participate in the EU Online Dispute Resolution (ODR) system and is not obliged to do so: https://ec.europa.eu/consumers/odr/
(5) The owner of the Jaty website is Allset Piotr Zatorski ul. Orkana 8a 25-548 Kielce NIP: 9591864486