Terms of Service

Thank you for visiting our website available at https://btcsport.pl (hereinafter referred to as: “BTCSPORT.PL”, “Internet Website”, “Website”).

BTCSPORT.PL is a portal designed to organize and promote a fundraising Campaign described on the Website. The Website enables Service Users to support an ongoing Campaign and to receive a reward as a thank you for participating in a Campaign.

The Service Provider is responsible for providing Electronic Services on the Website, including properly operating the BTCSPORT.PL platform. In addition to the Service Provider, on the Website there are also Donors interested in supporting a specific Campaign.

The Service Provider is an organizer of a Campaign conducted via the Website, as well as a party to a Donation Agreement concluded via the Website.

The formula of these Terms and conditions assumes the establishment of general terms and conditions of using the Website. These terms and conditions, if the Service User decides to use BTCSPORT.PL, regulate in particular the rules of using the Website, including our liability.

We invite you to carefully read these Terms and conditions
BTCSPORT.PL Team

1) ABOUT US

The owner of the BTCSPORT.PL Website is FUNDACJA BTCSPORT (BTCSPORT FOUNDATION) with office in Gdynia (registered office and delivery address: al. Zwycięstwa 241/13, 81-521 Gdynia, Poland); entered in the register of associations, other social and professional organizations, foundations and independent public health care institutions of the National Court Register under the KRS number 0000874952; supervised by the minister responsible for social assistance, the registry court where the foundation’s documentation is kept: District Court Gdańsk – Północ in Gdańsk, VIII Commercial Division of the National Court Register; Tax ID: 5862363045; National Economy Register REGON number: 387761070, e-mail address: office@btcsport.pl (hereinafter referred to as: “Service Provider”). społecznej, sąd rejestrowy, w którym przechowywana jest dokumentacja fundacji: Sąd Rejonowy Gdańsk – Północ w Gdańsku, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego; NIP: 5862363045; REGON: 387761070, adres poczty elektronicznej: office@btcsport.pl: „Usługodawca”, „Organizator”).

2) DEFINITIONS

  1. The definitions used in these Terms and conditions shall have the following meaning:
    1. BLOG – Electronic Service, an online blog available on the Website and run by the Service Provider for all visitors to the Website.
    2. DONATION FORM – Electronic Service, an interactive form available on the Website, enabling a Service User to support any Campaign with a specified amount of money.
    3. CIVIL CODE – the Civil Code Act of 23rd April 1964 (Journal of Laws No. 16, item 93, as amended).
    4. DONOR – a Service User who supports a specific Campaign by means of a Donation Agreement
    5. COPYRIGHT – the Act on copyright and related rights of February 4th, 1994 (Journal of Laws No. 24, item 83, as amended)
    6. TERMS AND CONDITIONS – the hereby Terms and conditions of the Website.
    7. INTERNET WEBSITE, WEBSITE, BTCSPORT.PL – the Service Provider’s website available at https://btcsport.pl.
    8. NOTICEBOARD – Electronic Service, available on the Website and run by the Service Provider for all visitors to the Website, the list of Donors who, when concluding the Donation Agreement, wished for their Donation information to be visible on the Website.
    9. DONATION AGREEMENT – a contract concluded each time via the Website between a Donor and the Organizer by which a Donor agrees to make a unilateral monetary transfer to the Organizer.
    10. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Website in accordance with the Terms and conditions.
    11. SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – which uses or intends to use an Electronic Service.
    12. SERVICE PROVIDER – FUNDACJA BTCSPORT (BTCSPORT FOUNDATION) with office in Gdynia (registered office and delivery address: al. Zwycięstwa 241/13, 81-521 Gdynia, Poland); entered in the register of associations, other social and professional organizations, foundations and independent public health care institutions of the National Court Register under the KRS number 0000874952; supervised by the minister responsible for social assistance, the registry court where the foundation’s documentation is kept: District Court Gdańsk – Północ in Gdańsk, VIII Commercial Division of the National Court Register; Tax ID: 5862363045; National Economy Register REGON number: 387761070, e-mail address: office@btcsport.pl.
    13. CONSUMER RIGHTS ACT, ACT – the Act of May 30th, 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended).
    14. CAMPAIGN – a charitable fundraising campaign organized by the Organizer, described in detail on the Website, by which the Organizer collects funds for a purpose stated in a description of a campaign, through Donation Agreements concluded with Donors via the Website.

3) GENERAL CONDITIONS OF USE OF BTCSPORT.PL

  1. BTCSPORT.PL is a portal designed to organize and promote a fundraising Campaign described on the Website. The Website enables Service Users to support an ongoing Campaign and to receive a reward as a thank you for participating in a Campaign.
  2. The Service Provider is responsible for providing Electronic Services on the Website, including properly operating the BTCSPORT.PL platform. In addition to the Service Provider, on the Website there are also Donors interested in supporting a specific Campaign.
  3. Through the Website, it is possible to conclude a Donation Agreement to support a Campaign organized on the Website by making a voluntary payment. In such a case, a Donor and the Organizer conclude a Donation Agreement.
  4. The Organizer transfers funds collected as part of a Campaign for the purposes stated in the description of the Campaign available on the Website. However, the Organizer allocates the amount of 25% of the total amount collected as part of the Campaign to cover the costs of the Website and the foundation by which the Organizer operates.
  5. A Service User is obliged to use the Website in a manner consistent with the law and principles of social coexistence, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. Service User is obliged to enter only accurate data. Service Use is prohibited from providing illegal content.
  6. A detailed description of the Electronic Services and the rules under which they operate is available on the Website.
  7. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: 1) computer, laptop, smartphone, tablet, or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and later or Internet Explorer version 9.0 and later, Opera version 12.0 and later, Google Chrome version 23.0. and later, Safari version 5.0 and later; (4) enabling the option of saving cookies and JavaScript in the web browser.
  8. The Service Provider complies with Art. 14 sec. 1 of the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended), stating that: [a person/entity] that provides the resources of the ICT system for the purpose of data storage by the service user is not liable for the data if that they are not aware of the unlawful nature of the data or related activities, and in the event of receiving an official notification or obtaining reliable information about the unlawful nature of the data or related activities, they will immediately prevent access to that data.
  9. The Service Provider exercises due diligence in order to update and verify the accuracy of the received data, particularly by applying adequate technical solutions (including filtering content provided by Service Users). The Service Provider is not responsible for any outdated or inaccurate data related to the Campaigns available on the Website and the consequences of using the Website in a manner inconsistent with the Terms and conditions.
  10. The Service Provider is also the Controller of personal data processed on the Website in connection with the implementation of the provisions of these Terms and conditions. Personal data is processed for the purposes, for the period and based on the grounds and principles set out in the privacy policy published on the Website. The privacy policy contains primarily rules regarding the processing of personal data by the Data Controller on the Website, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools on the Website. Using the Website is voluntary. Similarly, providing personal data by the Service User is voluntary, subject to the exceptions indicated in the privacy policy.

4) RULES FOR CONCLUDING A DONATION AGREEMENT

  1. A Donation Agreement may be concluded via the Website between the Organizer and a Donor.
  2. The Donation Agreement is concluded when the Donor uses the Donation Form available on the Website. In the Donation Form, it is required to select the amount that the Donor intends to donate and click the “Proceed to checkout” field and confirm the amount entered earlier by clicking the “Place order” field – at this moment, a Donor and the Organizer conclude a Donation Agreement, under which the Donor is obliged to pay the amount of the donation previously stated in the form. After clicking the “Place order” field, a Donor is redirected to the payment site or, if a payment other than a fast payment, has been selected, to the page with the data for the transfer under the Donation Agreement.
  3. Consolidating, securing, and providing the Service User with the content of the concluded Donation Agreement takes place by (1) making these Terms and conditions available on the Website and (2) sending the Service User an e-mail upon conclusion of the Donation Agreement. The content of the Donation Agreement is additionally recorded and secured in the Service Provider’s IT system.
  4. The Organizer awards the Donors with prizes for participation in the Campaign, which constitute a symbolic thank you to the Donors. The prizes may take the form of a thank you note, a gadget or a specific status on the Website, e.g., allowing to place the Donor’s logo on the Website. A detailed list of prizes and the rules for granting them is available in the relevant page on the Website. In the case of prizes that are movable items (e.g., gadgets, t-shirts, etc.), the Organizer delivers the Donor’s award free of charge within 30 to 60 calendar days from the date of crediting the payment under the Donation Agreement to the Organizer’s bank or settlement account.

5) METHODS AND DATES OF PAYMENT ON THE WEBSITE

  1. The Service Provider provides a Service User with the following methods of payment under a Donation Agreement:
    1. Electronic payments with cryptocurrencies via the BitBayPay.com payment processor – possible current payment methods are specified on the website https://bitbaypay.com/pl. The cryptocurrency payments are serviced by BITBAYPAY AS. company based in Tallinn, 5 Lõõtsa Street, Lasnamäe District, Tallinn, Harju Province, Post Code 11415, Estonia, registered under the number 14630414.
    2. The electronic payments and credit card payments via PayPal – possible current payment methods are specified on the website https://www.paypal.com/pl. The settlement of transactions by electronic payments and credit cards are carried out by PayPal (Europe) S.a r.l. & Cie, S.C.A. company, 5. floor 22–24 Boulevard Royal, L-2449, Luxembourg.
    3. The electronic payments and credit card payments via Przelewy24.pl – possible current payment methods are specified on the website https://www.przelewy24.pl/. The settlement of transactions by electronic payments and credit cards are carried out by PayPro S.A. company with a registered office in Poznań at the address: ul. Kanclerska 15, 60-327 Poznań, entered into the Entrepreneurs Registry of the National Court Register under the number 0000274399, registry documents kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register, under the KRS number: 0000347935, Tax ID: 7792369887, National Economy Register REGON number: 301345068.
    4. The electronic payments and credit card payments via PayU.pl – possible current payment methods are specified on the website http://www.payu.pl. The settlement of transactions by electronic payments and credit cards are carried out by PayU S.A. company with a registered office in Poznań at the address: ul. Grunwaldzka 182, entered into the Entrepreneurs Registry of the National Court Register under the number 0000274399, registry documents kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register, under the KRS number: 0000274399, Tax ID: 7792308495, National Economy Register REGON number: 300523444, share capital: 4.944.000 PLN fully paid, a payment service provider within the meaning of the Act of 19 August 2011 on Payment Services.
    5. Payment by bank transfer to the Seller’s bank account.
  2. Payment date: a Service User is obliged to make the payment immediately after the conclusion of a Donation Agreement.

6) USE OF ELECTRONIC SERVICES BY A SERVICE USER

  1. Any Service User may use the Website under the terms specified in the Terms and conditions.
  2. A Service User may use, in particular, the following Electronic Services on the Website:
    1. Donation Form
    2. Blog
    3. Noticeboard with the list of Donors
  3. The Service Provider is obliged to provide Electronic Services without fault.
  4. The use of Electronic Services is generally free of charge; however, a payable Donation Agreement may be concluded via the Donation Form.
  5. Using the Blog takes place after going to the relevant pages on the Website. The Blog is run by the Service Provider. A Service User may at any time and without giving a reason stop viewing the Blog by closing their web browser.
  6. The Noticeboard with the list of Donors is visible to every Service User visiting the Website after going to the relevant page. The Noticeboard contains a list of Donors who, when concluding a Donation Agreement, wished for their Donation information to be visible on the Website. The Service User may, at any time and without giving any reason, stop viewing the Noticeboard by closing the web browser. Viewing the Noticeboard is free of charge, while placing the Service User’s data on the Noticeboard requires the prior conclusion of a Donation Agreement.

7) CONTACT WITH BTCSPORT.PL

  1. The main form of ongoing distance communication with the Service Provider is e-mail (e-mail: office@btcsport.pl) and traditional mail, al. Zwycięstwa 241/13, 81-521 Gdynia, Poland), through which information on the use of BTCSPORT.PL can be exchanged with us. Service Users may also contact us in other ways permitted by law.

8) COMPLAINTS REGARDING THE WEBSITE AND ELECTRONIC SERVICES

  1. Complaints related to comments and questions regarding the Campaign, the operation of the Website and the provision of the Electronic Services, may be submitted, e.g., by e-mail to the following address: office@btcsport.pl or in writing to the following address: al. Zwycięstwa 241/13, 81-521 Gdynia, Poland. The basis and scope of the Organizer’s liability towards the Donor is governed by applicable law, particularly the Civil Code and provisions regarding the cancellation of a donation.
  2. The Service Provider recommends providing in the complaint the following: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities; (2) Service User’s claims; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the handling of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended information.
  3. The Service Provider shall respond to the complaint without undue delay, not later than within 14 calendar days from the date of its submission.

9) WITHDRAWAL FROM A CONTRACT

  1. A consumer is not entitled to withdraw from a distance contract, in relation to contracts: (1) for the provision of services, if the Service Provider has fully performed the service with the express consent of the consumer who was informed prior to commencement of the service that once the Service Provider has fulfilled the service, he shall lose the right to withdraw from the contract; and (2) for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer prior to the deadline to withdraw from the contract and after being informed by the Service Provider of the loss of the right to withdraw from the contract.
  2. Subject to section 9.1 of the Terms and conditions, a consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring any costs, except costs referred to in the next sentence. In the case of a service whose performance – at the express request of the consumer – began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after notification of such a request, is obliged to pay for the services provided until the withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, considering the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
  3. To meet the deadline, it is sufficient to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example: in writing to the following address: al. Zwycięstwa 241/13, 81-521 Gdynia, Poland, by e-mail to the following address: office@btcsport.pl or via the contact form available on the Website.
  4. The deadline for withdrawal from the contract begins: for the contract whereby the Service Provider releases a product, being obliged to transfer its ownership – from taking a product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where: (1) many products are delivered separately, in batches or in parts – from taking possession of the last product, batch or part or (2) when it consists in regular delivery of products for a definite period – from taking possession of the first product. For other contracts, the deadline for withdrawal from the contract begins from the date of contract conclusion.
  5. The provisions regarding a consumer contained in this clause 9 of the Terms and conditions shall apply from January 1, 2021 and with regards to contracts concluded from that day also to the Service User who is a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).

10) EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO SUCH PROCEDURES

  1. This section of the Terms and conditions applies only to the Service Users who are consumers.
  2. Detailed information on the possibility for the Service User who is a consumer to use extrajudicial means of settling complaints and pursuing claims as well as the rules of access to these procedures are available at the offices and on the websites of powiat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php and http://www.uokik.gov.pl/wazne_adresy.php
  3. The consumer may obtain free assistance in resolving a dispute by using the free assistance of a powiat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
  4. At: http://ec.europa.eu/consumers/odr you may find a platform available for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sale contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

11) PROVISIONS REGARDING SERVICE USERS WHO ARE NOT CONSUMERS

  1. This section of the Terms and conditions applies only to Service Users who are not consumers and who are not entrepreneurs with the rights of a consumer. An entrepreneur with the rights of a consumer is a Service User who is a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed based on the provisions on the Central Registration and Information on Business (CEIDG).
  2. The Service Provider is entitled at any time to take steps to verify the truthfulness, reliability and accuracy of the information provided by a Service User. In the scope of verification, the Service Provider is entitled, inter alia, to request the Service User to send a scan of the certificates, attestations, or other documents necessary for verification. During the verification referred to in the preceding sentence, the Service Provider is entitled to suspend the Account of the Service User for the duration of the verification.
  3. The Service Provider may terminate a Service User’s contract for the provision of Electronic Services with immediate effect and without giving reasons by sending such a Service User a relevant notice.
  4. The Service Provider has the right to withdraw from the contract for the provision of Electronic Services concluded with a Service User within 14 calendar days from the date of its conclusion. Withdrawal from the contract in this case may take place without giving a reason and does not give rise to any claims on the part of such a Service User against the Service Provider.
  5. Any disputes arising between the Service Provider and a Service User who shall be submitted to the court having jurisdiction over the Service Provider’s seat.
  6. The Service Provider shall not be liable to a Service User for damages and failure to fulfill obligations resulting from any technical errors and failures as well as technical breaks and force majeure.
  7. The Service Provider is liable towards the Service User, regardless of its legal basis, only for typical and actually incurred damages, predictable at the time of conclusion of the contract, excluding lost profits.

12) COPYRIGHT

  1. Copyrights and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and signs available within it belong to the Service Provider or other authorized third parties and are protected by Copyright Act and other rights provisions of generally applicable law. The protection granted to the Website covers all forms of its expression.
  2. Trademarks of the Service Provider and third parties should be used in accordance with applicable law.

13) FINAL PROVISIONS

  1. Contracts concluded with BTCSPORT.PL are concluded in accordance with Polish law and in Polish.
  2. Amendments to the Terms and conditions – the Service Provider reserves the right to amend these Terms and conditions for important reasons, which are: changes in the law; changes in the organization of the Campaign, adding new Campaigns, adding new Electronic Services – to the extent to which these changes affect the implementation of the provisions of these Terms and conditions. The amended Terms and conditions bind a Service User if the requirements specified in Art. 384 and 384 [1] of the Civil Code, that is, that he was properly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. If the amendment to the Terms and conditions results in the introduction of any new fees or an increase in the current fees, a Service User who is a consumer has the right to withdraw from the contract.
  3. In matters not covered by these Terms and conditions, generally applicable provisions of the Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18th, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); Act on Consumer Rights and other relevant provisions of generally applicable law.

Thank you for careful reading.

Should you have any questions, we are always at your disposal – please contact us.

You are invited to cooperate with us,
BTCSPORT.PL Team