EYENIMAGE PORTAL MEMBERSHIP TERMS AND CONDITIONS FOR THE CONSULTANTS
These Regulations have been drawn up on the basis of the provisions of law in force in the territory of the Republic of Poland.
These Regulations define:
- the principles of operation and operation of the online social networking site (hereinafter: Portal), operating under the domain: https://eyenimage.com/consultant_panel,
- the principles of providing and using the Services available through the Portal,
- the rights and obligations of Consultants,
- the rights, obligations and responsibilities of entities with the rights to run and administer the services made available through the Portal.
1. The owner of the Portal is Eyenimage Limited Liability Company with its seat in Suchy Las at ul. Leśna 26, 62-002 Suchy Las, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number: 0000719576, NIP: 9721286273, REGON: 369536810.
2. Functionality Consultant's Panel:
a) providing a communication platform, applications, other IT tools, including in particular: creating accounts that are profiles of Consultants, adding photos on their own profiles, the possibility of providing paid answers to Users, adding descriptions, tags and photo galleries, handling micropayments with internal currency called "coins";
b) providing Users with paid Services available on the Portal.
3. Before starting to use, each Consultant should:
a) Read the Regulations and agree to its provisions by clicking the appropriate consent field in the Application, accepting the Regulations, the Consultant agrees to use his image;
b) consent to the processing of your shared personal data for purposes related to the use of the Portal, by clicking the appropriate consent field in the Application;
TERMS OF PARTICIPATION
I. Technical conditions
The Consultant may use the Portal in the version for PCs, tablets and phones. The portal is responsive, it contains two versions: for computers and for mobile devices with a lower resolution than computers. The PC version runs on a regular domain. Mobile version on the domain with the note "/ m".
1. Only persons who, in the manner described in the Regulations:will take part in the registration
a) have accepted the provisions of these Regulations,
b) have consented to the processing of the personal data provided,
2. The user of the Portal, hereinafter referred to as the "Consultant", may be a natural person with full legal capacity, a legal person, as well as an organizational unit without legal personality, which the provisions of law grant legal capacity. A consultant can be both a professional, i.e. hairdresser, make-up artist, cosmetologist, stylist, personal trainer, physiotherapist, dietitian, specialist in the field of aesthetic medicine, dentist, interior stylist, photographer, tattoo artist, wedding planner, computer graphic, etc., as well as a person not professionally involved in providing this type of service. A consultant cannot be:
- a person under 18 years of age, unless they receive afrom their parent or legal guardian consent to become a minor Consultant on the Portal, which I will send to the e-mail address: [email protected] circumstances may a minor Consultant be less than Under13 years old,
- a person whose account was previously blocked by the administrator due to violation of the regulations or rules;
- a person banned from receiving products, services or software provided by the Portal under applicable regulations.
3. Registration in the Portal, ie setting up an Account and using the Portal is voluntary and free. Any free Services related to the use of the Portal are available when the Consultant registers by submitting via the form https://eyenimage.com/consultant_panel/register following data: e-mail, password containing from 6 to 30 characters, one number and upper and lower case letters, first name, surname, unique name of the Consultant. At the same time, in the registration form, the Consultant provides a limit of messages to which he is able to respond within 30 minutes and sets the cost of his advice. The first 5 applications (advice), from the moment of registration, are treated as trial applications. Trial entries have a fixed value of 5 coins. The purpose of trial applications is to implement the Consultant in the system of providing advice and the functioning of the Portal, and to encourage Users to use the Consultant's services. After providing the first 5 consultations in response to the first 5 applications, the consultation price in coins for Users will automatically change, for the one that the consultant provided during registration. The consultant can always change time in the consultant panel to the response to the notification. The consultant may also change the price for consultation, outside the five first trial notifications indicated above.
5. After registration, the Consultant receives an activation link. Activation must be made within 7 days of receiving the activation link. If the Consultant fails to activate within the above-mentioned period, he will not be able to use the account. For the first 7 days, the Consultant may use the account without activation. After that, the account will be blocked. The consultant can unblock them by clicking on the previously sent activation link.
6. The consultant undertakes to provide the above-mentioned truthful data. The consultant is not entitled to place other people's data or their image on the Portal - in any form - without their express consent or the legally required permission.
7. After registering, the consultant has access to his panel in which he can supplement: name, surname, gender, change the e-mail address, change the price of consultations in coins (1 coin = 1 PLN), description, number of available applications to which it is up Reply within 30 minutes, photos and styles that occupies. A consultant can change time to a response to an individual application from 30 minutes to another one-set time. Consultant can add new styles or use existing hints.
8. Until the consultant chooses a gender, the consultant's account is not publicly visible to other users of the Portal.
9. Upon registration, an agreement is concluded for an indefinite period.
SCOPE OF SERVICES
1. The Portal acts as an intermediary only in the provision of services by the Consultant and the Portal Users. The contract for the provision of services is concluded directly between the User and the Consultant.
2. A consultant selling services to the User via the Portal authorizes the Portal owner to mediate on his behalf in terms of payment for these services in order to complete the transaction between the Consultant and the Users. The price given by the Consultant includes a commission for the owner of the Portal. The commission is charged for intermediation in concluding contracts between the Consultant and the User. The amount of the commission may change. The consultant will be informed about any change in the amount of the commission 7 days before the changes to the regulations come into force.
3. Responsibility for the provision of services mediated by this Portal is borne solely by the Consultant providing the service. The Portal as an intermediary does not bear any responsibility for the services to be performed by the Consultant and does not provide any obligations or guarantees (expressed or implied) regarding the suitability or quality of the Services offered on this Portal. In the event of any complaints regarding the performance or non-performance of the service, only the Consultant is responsible.
RULES OF USE
1. The Consultant's use of the Portal is free and voluntary.
2. A consultant may become an "Expert Consultant" if he / she has given at least 50 advice and received a total rating of at least 4 stars out of 5 from the Portal Users. If the Consultant meets the above conditions, in order to grant him the status of an "Expert Consultant", he should write an application to the administrator at the following e-mail address: [email protected]. After examining the application and verifying that the Consultant meets the conditions, the Administrator will change the status on the Consultant's account. The change is made in the order of received notifications. The Administrator also has the right to check whether the Consultant is entitled to change the status on the account and to make this change without the prior consent of the Consultant.
3. Technical conditions: photo format: jpg, png up to 20 MB. Each message can contain 1 photo.
4. The consultant may at any time contact the administrator by writing to the e-mail address: [email protected] with a request to remove his Account from the Portal. In the application, it is necessary to provide the reason why the Consultant wants to delete the Account. The administrator deletes the account after verifying the application. After reporting, the account will be disabled and will no longer be available to the Consultant and visible to other users. The complete deletion of the account will take place within 2 years. With the deletion of the Account, the Consultant's Profile with all data (including his Login, main and gallery photos) will be deleted permanently and irretrievably, and all messages received and sent from the Consultant's Account and photos will be permanently deleted. The history of conversations and advice given may be saved in the history of the User Account or in a backup copy of the website.
5. If the Consultant submits a request for deletion of personal data provided in the Account registration form (for the purpose of providing the service), further provision of the service is impossible for technical reasons and is therefore tantamount to deleting the Consultant's Account.
6. The consultant may at any time independently exclude the Account from public availability by changing the gender option in the "My Account" tab to "Selecting the gender displays the account publicly for users".
7. The Consultant's profile may be indexed by Google and therefore available in the Google search engine.
8. The number of available applications set on the registration to which the consultant is able to write back in a fixed time, decreases by 1 after being sent to the consultant of direct messages, also by a new application in an already existing thread. The number of available applications is automatically completed by 1 after the user's response to the user to direct notification. Applications adopted independently by the consultant do not come to its number of available applications.
1. A consultant may provide paid consultations. The user can choose whether the application is to be sent to the Consultant indicated by him or to a randomly selected Consultant.
2. By selecting the Consultant indicated by the User, the User accepts the price specified by him for the consultation specified in coins.
3. The user can send the so-called "Quick Report" addressed to a group of Consultants or a group of Expert Consultants. Then, depending on which group of Consultants the User sends the application to, all Consultants from a given group have access to it, while Expert Consultants may also accept an order addressed to a group of Consultants. The consultant from a given group who accepts the application first is obliged to provide advice. If he does not do this, the application is automatically closed within 15 minutes and goes back to the Consultants from the given group available to Consultants. Coins collected for the service not performed are returned to the User. A Consultant from a given group who did not provide a response within the specified time and all Consultants from a given group may accept the application again.
4. In the case referred to above, as well as in the event that the Consultant consulted by the User fails to reply within the prescribed time, the User shall be returned the coins. Then the Consultant to whom the inquiry was addressed or another Consultant from a given group may take over the application in such a way that he will directly contact the User in order to verify whether the User is still interested in obtaining advice. The User's reply in the same thread creates a new ticket. Such a claim is then reduced to 10 coins. In this case, the price set by the Consultant does not apply. Another advice, after the application is closed by the Consultant, in the same thread is at the regular price set by the Consultant.
5. The consultant is obliged to respond to the "quick reporting" of the user within 15 minutes, and for an individual application standard 30 minutes. Consultant can set your own time to respond to an individual notification. The User by sending an individual application may propose their own time to answer its application. If the consultant does not reply to the user in a fixed time, the user will automatically receive coins refund. If the user does not receive a response can send again a report in the same thread by changing time to a response or create a new notification.
6. "Quick Reports" for regular Consultants cost 10 coins and for Expert Consultants 30 coins.
7. After the Consultant has given the advice, the User has the right to write back as part of the advice given. The consultant assesses whether the User's message relates to the advice given or whether it constitutes a new request. If it concerns a new advice, the consultant should inform the User about it before closing the report manually.
8. Users can evaluate a Consultant after receiving advice in "whistles" from 1 to 5. The user may leave a comment in the Consultant's profile, regardless of whether he or she uses the advice.
9. The Portal Owner has the right to verify the content of the advice provided by the Consultant. If the content of the advice provided to various Users is duplicated or does not refer to the User's problem, the Portal owner has the right to consider the advice unreliable and return the coins to the User who received the poor-quality advice.
10. After closing the ticket, the User may create a new ticket in the same thread. The report is then treated as a completely new stand-alone submission.
11. When purchasing the service at a given consultant, you may select the "check box" or a new message or a so far written topic is available only for this consultant. No selection of this field will result in the case when a given consultant will not be written off in a fixed time, the application or the whole thread will go to public, for all consultants from a given group, pool. Selecting the above "Check boxes" will cause that despite the lack of answering by the selected consultant at a specified time, the application or the entire thread will not go to the public pool for all consultants from a given group.
12. Both Consultants and Users receive information about a new message, reply, return of coins.
13. In each message in the "Quick" and individual notification, the User and the Consultant may send each other one photo per message.
1. Funds on the User's account are blocked when the message is sent directly to the Consultant or in the case of "Quick Report". The fee for the consultation is transferred from the User's account to the Consultant's account, after the service has been properly performed, i.e. after the User has received a satisfactory answer. These settlements are made in an internal currency called coins. Manual closure of the report by the Consultant allows the User to create a new report in the same thread, which is subject to new settlement. After completing the advice, the consultant should close the application immediately.
2. The owner of the Portal will automatically deduct a commission of 10% from each Consultation given. The commission is deducted from the coins provided to the Consultant. The amount of the commission may change, about which the owner of the portal will inform by e-mail 7 days before the planned change.
3. One coin is equivalent to PLN 1 gross. At the same time, it is stipulated that the value of the coins may change, about which the owner of the portal will inform by e-mail 7 days before the planned change.
4. Coins earned by consultants and coins purchased or obtained for free by users have a validity period of up to 12 months from their appearance on the Consultant's or User's account. Coins that have been in the Consultant's or User account for more than 12 months are irretrievably deleted.
5. The coins purchased by the User are not returnable. Coins can be used for advice from consultants, digital services such as: the appearance of a profile photo in the top bar of the portal, more frequent display of the profile in the assessment, the ability to send more photos to the gallery, the ability to send more messages to other Users or the ability to make purchases in our Reward Store: https://eyenimage.com/buy.
6. In the Consultant's panel, in the "Settlements" tab, you can see the current amount of coins earned and their gross value in PLN. In a situation where the Consultant wants to pay the remuneration obtained for the consultation, he is obliged to issue an Invoice or a Bill for the amount collected from the last settlement to the date of issuing the Invoice to Eyenimage Spółka z ograniczoną odpowiedzialnością with its seat in Suchy Las. The consultant on the Invoice can enter the value of the collected coins for the previous period. The Consultant may issue an Invoice or a Bill not more than once a month, at the latest by the 10th of each month. A consultant who is exempt from VAT must issue a Bill or Invoice reducing the amount by the equivalent of VAT, i.e. by 23%. On the Bill or Invoice, the net amount must be 23% lower than the gross amount.
7. If the Consultant does not run his own business, he may use, for example, the platform to issue an Invoice https://useme.com/pl/ , which allows you to issue invoices also to natural persons who do not run a business. The value of the coins after conversion into PLN is equal to the gross amount.
8. In order to pay the remuneration by the Company, the consultant is obliged to send the Invoice or the Bill to the company's e-mail address: [email protected]. Eyenimage sp. Z oo will transfer the funds included in the Invoice or the Consultant's Account within 30 days, provided that the User has not submitted a complaint. The Consultant cannot issue an Invoice or Bill if even one User has submitted a complaint. Until the complaint is examined, the payment of remuneration is not possible.
9. A minor Consultant may issue an Invoice or a Bill, e.g. via the Useme sp. Z oo portal: https://help.useme.eu
10. The Consultant may issue an invoice by Eyenimage when they gain at least 180 coins worth PLN 180.
1. The Portal User and the Consultant cannot communicate with each other in the scope of consultations provided outside the Portal. It is strictly forbidden to share data such as: telephone number, e-mail address or link to media with social networks in messages sent via the portal. Breaking the ban may result in the removal of the User's and Consultant's accounts and the inability to re-register on the Portal.
2. The Consultant and the Portal User agree to the Portal Owner to view messages sent between the User and the Consultant in order to verify the quality of the advice provided and to supervise the prohibition resulting from the above point. The owner of the Portal uses algorithms that filter data provided in messages, e.g. whether the content of the consultation is repeated, whether e-mail addresses, telephone numbers and links to social media are provided.
3. During consultations, the consultant may not use profanity, infringe the personal rights of other Portal Users, or humiliate or insult other Users. The Portal is not responsible for the content formulated by Users and Consultants.
4. As part of the advice provided, the consultant is confidential. By accepting these regulations, the consultant undertakes not to publish the content of the advice and photos received from the User.
RIGHT OF WITHDRAWAL
1. The consultant has the right to withdraw from the contract within 14 days from the date of concluding the contract. The contract is concluded upon correct registration on the Portal (account creation).
2. In order to withdraw from the contract, the Consultant should send clear information about the withdrawal from the contract, the date of the contract, the Consultant's name and surname, the Consultant's unique name, Consultant's address, Consultant's e-mail address provided during registration, signature in the case of correspondence sent by post, to Company address: ul. Leśna 26, 62-002 Suchy Las or by e-mail to the administrator to the following e-mail address: [email protected].
3. In order to meet the deadline for withdrawing from the contract, the Consultant should send a notice of withdrawal from the contract within 14 days from the conclusion of the contract.
4. Withdrawal from the contract is tantamount to deleting the account and its content.
The Consultant, by starting to use the Portal (by effective registration and creating an Account), declares that:
- he has read the Regulations and accepts its provisions, undertake to apply them,
- voluntarily started using the Portal's services,
- the personal data contained in the registration form are true, while all content and data provided in connection with the use of the Portal are legal and do not violate the rights of third parties,
- is aware of the responsibility for posting content and data as well as the image of third parties on the Portal without appropriate permission,
- agrees to the Portal Owner's removal of content and data that infringe good manners, propag actions that are harmful to life and health, contain illegal, offensive, untrue, morally reprehensible or promoting violence content,
- declares that it will not engage in commercial, advertising and promotional activities,
- declares that it will not send spam and unsolicited commercial information,
- declares that it will not publish content that violates Polish and international law, good manners or moral standards, violates the personal rights of other people, supports radical social attitudes or expresses such views (i.e. discriminating racially, ethnically, based on sex, etc.),
- agrees to modify the appearance and operation of the Portal by the Portal Owner for technical, legal and developmental reasons,
- agrees to posting information, windows, banners and advertisements,
- consents to the removal, modification, blocking of content and data, as well as preventing the Consultant from accessing the account by the Portal Owner, and also taking all actions permitted by law related to the Portal in the event of the appearance of content and data that violate applicable law or the Regulations Portal.
1. The consultant declares that he is the author of the data published on the website and that he / she is entitled to full personal and property copyrights to them, and also declares that he / she is fully responsible for the fact that placing these data on the website will not infringe any rights and in particular the copyrights of third parties.
2. If a third party submits a claim in this respect directly to the Portal Owner, the Consultant will release the Portal Owner from any related liability and reimburse any costs incurred by the Owner in this respect, including the amounts of damages awarded by a final judgment or recognized in a settlement and costs legal representation.
3.The consultant, upon placing the data on the website, grants the Portal Owner an irrevocable, non-exclusive, unlimited in time, quantity and territorial permission to use proprietary copyrights and dependent rights to the data, including recording (on any medium, using any technique, modifying , removal, replenishment, public performance, public display, reproduction and dissemination of these data for marketing purposes, information, statistics and publications in the media such as the internet, newspapers, television, mobile telephony, publishing books.
4. The consultant may at any time resign from license granted by submitting a request to the Portal Owner to delete the data or delete the account, however, for technical reasons, the deleted data will be retained in backup copies for the necessary period. more frequently made available by the Consultant to other persons who did not delete this data.
5. The Consultant, upon the creation of the Account, allows the use of his image posted on the Portal for the proper management of the Portal and the provision of Services by the Portal Owner.
6. The owner of the Portal retains all copyrights (personal and property) to the content covered by intellectual property rights, which he owns and makes available as part of the provision of the Services.
1. The Portal Owner will make every effort to ensure that the Portal and all Services made available through it operate continuously without any disruptions. However, the Portal Owner shall not be liable for any disruptions in the functioning of the Portal, caused by force majeure, technical failure or unlawful interference by Users, which are not attributable to him or her. The owner of the Portal is not responsible even if the above-mentioned factors caused the loss of data on the accounts of Users and Consultants. The Portal Owner is not responsible for the leakage of Users and Consultants' data for reasons beyond his control, including burglary of an unauthorized person.
2. The Portal Owner reserves the right to temporarily block the use of the Portal in full or in part in order to improve it, add services or carry out maintenance, after informing the Users and Consultants about it.
3. The Portal Owner is not responsible for the content of messages sent by Consultants and other Users, as well as for the content of comments and evaluations made publicly on the User's profile.
4. The Portal Owner declares that the data provided, published and placed on the Portal by Users and Consultants are not the views of the Portal Owner. The owner of the Portal is not responsible for them.
5. The Consultant bears full responsibility for breaking the law or for damage caused by his actions on the Portal, in particular for providing illegal or unreliable, untrue Data or false Personal Data, disclosure of business secrets or other confidential information, violation of personal rights or copyrights and rights. related.
1. Any irregularities in the functioning of the Portal may be complained about within 3 days of the event, by reporting them electronically to the administrator at the following e-mail address: [email protected] or by traditional mail to the following address: ul. Leśna 26, 62-002 Suchy Las with the note Complaint.
2. Unless otherwise provided in the Regulations concerning additional services, complaints shallmanner described in point 1.
3. Be submitted in theThe complaint shall be considered within 14 working days from the date of filing the complaint. The Portal Owner reserves the right to extend the indicated deadline if the examination of the complaint requires special messages or encounters obstacles for reasons beyond the control of the Portal Owner. The period of considering the complaint may be extended until additional explanations are provided by the Portal User or the Consultant.
4. The Portal Owner reserves the right to make technical interference with the Consultant's Account in order to remove any irregularities in the functioning of the Portal.
5. Disputes with a Consultant regarding the Portal may be concluded amicably by way of proceedings before an arbitration court on the terms set out in the rules of this court only after the complaint procedure has been completed. Both parties to the dispute should give their consent. In other cases, any disputes will be resolved by the court competent for the seat of the Company.
6. The User has the right to submit a complaint to the Consultant within 3 days if the advice provided by the Consultant is of poor quality or does not answer the User's question. The User is obliged to inform the Portal administrator about submitting a complaint by e-mail to the following e-mail address: [email protected].
7. If the User submits a complaint, the administrator has the right to suspend the payment of the consultation fee. Suspension of payment may be made only if it meets the conditions stipulated in point 6 sentence 2. Failure to inform the Portal administrator about the submitted complaint will result in the fact that the payment of remuneration to the Consultant for advice will not be withheld. If the complaint is accepted, the User will be able to claim reimbursement of remuneration only from the Consultant. The Owner is not responsible for the Consultant's failure to reimburse the User for remuneration.
8. The consultant is obliged to consider the complaint within 14 working days of its notification. If the complaint is accepted, if the payment of remuneration has been suspended by the administrator, the administrator will return the suspended coins to the User at the request of the Consultant.
9. In the event of conflicts arising from the submitted complaint, Users and Consultants may contact the administrator to resolve the dispute. The administrator, after reading the explanations of the parties, will issue a final and non-contestable decision.
10. If the Consultant receives 3 complaints in one month, the Administrator may add a public comment warning Users on the Consultant's profile and may receive 1 star from the Administrator in the ranking as one rating, in the event of repeating 3 complaints in one month, the Administrator may repeat the procedure.
1. These Regulations are available on the website: https://eyenimage.com/consultant_panel/register.
2. The appendices to these Regulations constitute an integral part thereof.
3. The provisions of these Regulations are governed by the provisions of Polish law. In matters not covered by these Regulations, the provisions of the Civil Code, the Act on Copyright and Related Rights and other acts shall apply.
4. The Portal Owner reserves the right to amend these Regulations, including for technical reasons or in the event of changes to the applicable law. The changes will be published on an ongoing basis in the form of a unified text of the Regulations on the Portal's website.
5. Any disputes arising from the performance of obligations related to the use of the Portal will be resolved by a competent common court.