Website Terms and Conditions Fxprop.com
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. GENERAL TERMS OF USING FXPROP.COM SERVICES
3. ROLE OF THE INTERNET SERVICE, PROVIDER’S LIABILITY
4. USER CONTENT
5. COPYRIGHTS TO FXPROP.COM
6. CONTACT WITH FXPROP.COM
7. PROCEDURE FOR CONSIDERATION OF COMPLAINTS
8. RIGHT TO WITHDRAW FROM A DISTANCE CONTRACT
9. OUT-OF-COURT WAYS OF CONSIDERING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
10. PROVISIONS FOR ENTREPRENEURS
11. FINAL PROVISIONS
Thank you for visiting our website provided at the web address https://fxprop.com (hereinafter: “Fxprop.com”, “Service” or “Website”). The formula of these terms and conditions (hereinafter: “Regulations”) assumes establishing general rules and conditions for using the Internet Service, which apply in the absence of different arrangements between us and you. These conditions regulate, in the event of your decision to use our Service, the rules for using the functionalities and resources provided by us, including matters of our liability.
We invite you to familiarize yourself with the Regulations,
The fxprop Team
1) GENERAL PROVISIONS
1. The owner of Fxprop.com is the company FXPROP PROSTA SPÓŁKA AKCYJNA based in Krakow (registered office and correspondence address: ul. Westerplabe 2/8, 31-033 Kraków), registered in the National Court Register under the number KRS: 0001049102; the registry court where the company’s documentation is stored: District Court for Kraków – Śródmieście in Krakow, XI Economic Division of the National Court Register; share capital: 100,000.00 PLN, fully paid; Tax Identification Number (NIP): 6762647766, REGON: 525924396, email address: info@fxprop.com, and phone number: +48 536-017-561 (hereinafter referred to as the “Service Provider”).
2. This Regulation is addressed to all persons using the Service unless a given provision states otherwise. The Website can be used by any natural person with full legal capacity, and in cases provided for by generally applicable laws, also by a natural person with limited legal capacity (i.e., one who has reached at least 13 years of age). A user can also be a legal entity or an organizational unit without legal personality, which uses the Website through the natural persons representing it (hereinafter referred to as the „User”).
3. The provisions of these Regulations are not intended to exclude or limit any rights of Users who are consumers that they have under the mandatory provisions of law. In case of inconsistency between the provisions of these Regulations and the above-mentioned provisions, the latter shall take precedence.
4. The administrator of personal data processed in connection with the use of the Website is the Service Provider. Personal data is processed for purposes, for the period, and based on principles indicated in the privacy policy published on the Website. The privacy policy primarily contains rules regarding the processing of personal data by the Service Provider on the Website, including the bases, purposes, and duration of processing personal data, as well as the rights of the data subjects, and information on the use of cookies and analytical tools on the Website. Use of the Website is voluntary. Similarly, the provision of personal data by those using the Website is voluntary, subject to exceptions indicated in the privacy policy.
2) GENERAL TERMS OF USING FXPROP.COM SERVICES
1. Through the Website, Users can use services provided electronically by the Service Provider listed in these Regulations.
2. The use of the Website and its Services is free of charge for Users, with the provision that some free resources of the Website may only be available as part of the newsletter, which requires providing personal data and consenting to its processing for the marketing purposes of the Service Provider. The User is informed each time that accessing selected resources of the Website is linked to granting consent for data processing for marketing purposes, and is also informed about what data will be processed for this purpose by the Service Provider. Providing data and expressing marketing consent by the User is always voluntary, just as using the free resources of the Website is, but the failure to provide this information may prevent the User from accessing these resources. Consent can be withdrawn at any time and without stating a reason, without affecting the legality of the processing that occurred before its withdrawal. Detailed information on this topic can be found in the privacy policy of the Website.
3. On the Website, the User may particularly use the following Services:
a. Browsing, commenting on, and rating articles and news from the prop-trading industry (“Prop News”);
b. Receiving proposals from prop-trading firms matching the needs and preferences defined independently by the User (“Prop Finder”);
c. Searching and comparing prop-trading firms based on filtering criteria defined by the User (“Prop Comparer”);
d. Access to discount codes and affiliate links from prop-trading firms cooperating with the Service Provider;
e. The possibility to give marketing consent for email or telephone contact and receive software and additional materials provided free of charge by the Service Provider in return;
f. Access to information about prop-trading firms certified by the Service Provider as part of the FXPROP Certification Program, along with reports describing the activity of a particular company;
g. Participation in virtual events, votes, or polls conducted by the Service Provider via Fxprop.com (specific conditions for organizing such events may be subject to separate regulations published on the Website pages).
4. A detailed description of the functionalities and resources of the Website and the rules of their operation is available on the Fxprop.com pages, including in the form of notifications, explanations, and contextual information displayed to the User while browsing the Website. In case of doubts, the User should refer to the information available on the Website pages.
5. The Services available on Fxprop.com are one-time in nature and end the moment the User ceases to use them, including by leaving the Website or closing the web browser. The User may discontinue using the Services at any time and without stating a reason.
6. The Service Provider reserves the right to prevent the User from using the Services in the event of gross or persistent violation of the terms of these Regulations by the User. Preventing the use of the Services may occur by imposing a block on access to the Website from the IP address assigned to the device or devices used by the User. The Service Provider, before deciding to deny the User access to the Services, will, as far as possible, call on the User to cease violations, stating the reason, and only when the call is ineffective or impossible, the Service Provider will make an appropriate decision. Restoring the User’s access to the Services is possible with the consent of the Service Provider, after prior contact by the User, and after all the reasons for the decision to deny access have ceased.
7. Using the Website and its Services may require the User to meet the following technical requirements: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) an updated version of an Internet browser: Mozilla Firefox, Opera, Google Chrome, Safari, or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling the internet browser to save Cookies and support Javascript.
8. Using the Website is associated with standard risks present on the Internet. The fundamental threat to every Internet user, including those using Fxprop.com Services, is the possibility of “infecting” the teleinformatics system with various types of malicious software created mainly to cause damage or gain unauthorized access to User data. To avoid risks associated with this, the Service Provider recommends that the User equip their device used to connect to the Internet with antivirus software and continuously update it by installing its latest versions.
9. The User is obliged to use the Website and Fxprop.com Services in a manner consistent with their purpose, theme, and these Regulations, and particularly by applicable law, principles of social coexistence, and good manners, taking into account respect for personal rights and copyright and intellectual property rights of the Service Provider, other Users, and third parties. The User is obliged to enter data consistent with the factual state. The User is prohibited from delivering unlawful content. The User is also prohibited from using the Website to distribute unsolicited commercial information (spam). The User is also forbidden from taking actions that disrupt the proper functioning of the Website.
3) ROLE OF THE INTERNET SERVICE, PROVIDER’S LIABILITY
1. All information, reports, comparisons, or rankings of prop-trading firms made available by the Service Provider on the Website are developed based on criteria and verification standards adopted by the Service Provider. The Service Provider ensures that these criteria and standards are applied uniformly and equally towards all evaluated and compared prop-trading firms, regardless of their cooperation with the Service Provider or the nature of such cooperation. The Service Provider reserves the right to rent advertising space to prop-trading firms on the Website pages, ensuring in such cases the use of visible markings to distinguish sponsored content from other Website content. Similarly, the Service Provider notes that the Website pages may contain discount codes or affiliate links, which allow Users to obtain, for example, price reductions or other benefits from prop-trading firms cooperating with the Service Provider. Such discount codes or affiliate links are provided under the terms of an affiliate network, which involves the Service Provider obtaining certain benefits, e.g., commission, from prop-trading firms when a User makes a purchase using a discount code or affiliate link distributed by the Service Provider.
2. The Service Provider exercises due diligence to update and verify the reliability of the contents and data presented on the Website and makes efforts to ensure that the Website is useful for Users interested in prop-trading, particularly so that the use of its Services is understandable and transparent for Users. However, the Internet Service and its Services are merely a technical tool that Users can use in various ways and for different purposes, which remains beyond the control of the Service Provider. Bearing this in mind, the Service Provider cannot guarantee that every User will be able to independently use Fxprop.com Services or that they will prove useful in achieving the results expected by the User. To the fullest extent permitted by applicable law, it is assumed that the Service Provider of Fxprop.com provides the Internet Service, including all its functionalities and resources, as they have been delivered (“as is”) and does not make any implied or expressly stated assurances of their suitability for any particular purpose expected by the User. This section of the Regulations does not exclude or limit any statutory rights of the User who is a consumer, especially regarding the Service Provider’s liability for improper performance of the service.
3. Content and materials published on the pages of the Internet Service, in particular, all compilations, reports, comparisons, and other information about the prop-trading industry, should not be treated by Users as binding investment recommendations or other types of information recommending or suggesting any investment or financial strategies within the meaning of the relevant legal provisions. The content available on the Website pages is of an informational and popularizing nature, is generalized, and cannot constitute the sole basis for any decisions by the User. The Service Provider makes due efforts to ensure that this information is up-to-date and reliably verified, according to its best knowledge, but any decisions that have been or will be made based on the information available on the Website are taken at the sole responsibility of the User.
4. The Internet Service may contain links directing to websites belonging to independent third parties, particularly prop-trading firms. Clicking on such a link causes leaving the Fxprop.com page and redirecting the User to an external website. The Service Provider advises that upon transitioning to another website, the User should familiarize themselves each time with the applicable terms of use and privacy policies. These Regulations apply only to the Fxprop.com page operated by the Service Provider.
5. The Internet Service does not enable the User to enter into a contract with prop-trading firms presented on the Fxprop.com pages. Concluding a contract for services provided by prop-trading firms is possible as a result of direct contact with such a firm outside the Internet Service and after agreeing on detailed terms of cooperation by the interested parties. All advertisements, price lists, catalogs, and other information about services of prop-trading firms placed on the Fxprop.com pages do not constitute a commercial offer within the meaning of the relevant legal provisions.
6. The Service Provider makes due efforts to ensure the proper and uninterrupted functioning of the Internet Service. However, due to the complexity and degree of sophistication of the Internet Service and its Services, as well as external factors beyond the control of the Service Provider (e.g., DDOS attacks – distributed denial of service), errors and technical failures may occur that prevent or limit the functioning of Fxprop.com in any way. In addition to interruptions caused by errors and technical failures, there may also be other technical breaks during which the Service Provider undertakes actions aimed at developing the Service and securing it against errors and technical failures, making efforts to ensure that such technical breaks are conducted in the least burdensome way for Users and only for the necessary period.
4) USER CONTENT
1. Within the Internet Service, there is an opportunity for Users to share their own content, which includes all forms of content made available or generated during the User’s activity and subsequently visible to other Users or the Service Provider. The content referred to in the preceding sentence may include, in particular, all data, comments, ratings, reactions, and opinions that can be shared, entered, transmitted, disseminated, or broadcast using the appropriate functionalities of the Service (hereinafter referred to as „Content”).
2. The User bears full responsibility for all Content shared, entered, transmitted, disseminated, or broadcast by themselves within the Service.
3. When placing or transmitting any Content within the Service, the User is obliged to possess all required rights and permissions to place such Content on the Service, in particular, copyrights or necessary licenses, permissions, and consents for their use, dissemination, sharing, publication, etc., especially the right to publish and disseminate on the Internet, the online system, and the right to use and disseminate the image in case the Content includes the image of third parties.
4. All statements, ratings, opinions, comments, and reactions posted by Users on Fxprop.com contain their own views and do not represent the opinions of the Service Provider.
5. The User is obligated not to post on the Service (including through photos and other visual materials) Content of an advertising, announcement, or commercial information nature encouraging the use of services competitive to the Internet Service, including addresses of websites, names, and logos of such sites.
6. User Content must not contain false information or information that may mislead other people, including the Service Provider. User Content must not violate universally applicable laws or the rights of third parties. They should comply with the law and good manners, particularly with regard to respect for personal rights and the copyrights and intellectual property rights of the Service Provider, other Users, and third parties.
7. User Content must not be offensive, contain vulgarity, or incite hatred, racism, or xenophobia.
8. The Service Provider does not guarantee the timeliness and reliability of any data posted on the Internet Service by Users, including their opinions and comments. The Service Provider is not responsible for the incorrectness of these data, except that this does not affect the liability of the Service Provider towards Users who are consumers, as provided by the mandatory provisions of the applicable law.
9. Regardless of other legally provided remedies and without prejudice to other provisions of these Regulations, the Service Provider reserves the right to remove from the Service any Content that violates the provisions of point 4 of the Regulations.
10. The Service Provider, in compliance with universally applicable laws, especially the provisions implementing Directive 2000/31/EC of the European Parliament and Council of 8 June 2000 (directive on electronic commerce), is not obliged to check User Content transmitted, stored, or shared through the Internet Service. The Service Provider is not responsible for User Content stored on the Service if it is unaware of the illegal nature of the Content or related activities, and upon receiving official notification or credible information about the illegal nature of the Content or related activities, it immediately prevents access to them.
11. In the event of any claims against the Service Provider based on the illegality of User Content by third parties or public administration bodies, especially for copyright, industrial property rights infringement, or other universally applicable laws, the User is obliged – to the fullest extent permitted by the applicable law – to release the Service Provider from liability for their violations, satisfy the claims of the aforementioned third parties, and cover fines or other costs imposed by the competent authorities on the Service Provider, and to release the Service Provider from the obligation to provide compensation and to repair the damage suffered by the Service Provider for the violations committed by the User.
12. From the moment the User posts any Content on the Service, to which copyrights or other legally required permissions belong to the User, a non-exclusive, transferable, and assignable license is granted to the Service Provider to use the received Content (including the right to sublicense), including the right to use copyright property rights, without territorial and time limitations (but no less than for the time of using Fxprop.com Services by the User), in the scope of (1) permanent or temporary distribution, display, reproduction, and storage of Content by digital technology, including via computer, mobile devices, and the Internet, for the purposes of proper provision of Services to all people visiting Fxprop.com and the possibility of conducting promotions and advertising Fxprop.com through the Service Provider’s accounts and profiles on social media; (2) permanent or temporary multiplication of Content in whole or in part, by digital technology, to the extent necessary for distribution, display, reproduction, and storage for the above-mentioned purposes; (3) public availability through the Fxprop.com site and on the Service Provider’s social media in such a way that everyone can access them at the place and time of their choice, especially as necessary for the proper provision of Services, as well as for marketing, promotional, and advertising purposes of the Service Provider and its Internet Service. The license and permissions referred to in this point of the Regulations include the right to use the posted Content by the Service Provider without indicating the authorship of a specific User, as well as the right to combine the received Content with other content, their processing, modification, adaptation, etc., without consultation with the User, and further use of these elaborations to the extent provided in the below point of the Regulations.
5) COPYRIGHTS TO FXPROP.COM
1. Copyrights and intellectual property rights to the Internet Service as a whole and its individual elements, including content, materials, graphics, works, designs, and trademarks available within it, belong to the Service Provider or other authorized third parties and are protected by copyright law and other universally applicable laws. The protection granted to the Internet Service covers all forms of its expression.
2. The Internet Service should be treated similarly to any other work subject to copyright protection. The User does not have the right to copy the Internet Service except in cases permitted by mandatory law. The User also agrees not to modify, adapt, translate, decode, decompile, disassemble, or in any other way attempt to determine the source code of the Internet Service, except in cases permitted by mandatory law.
3. Trademarks of the Service Provider and third parties should be used by applicable laws.
4. The User’s use of the Service Provider’s resources made available through Fxprop.com is possible only for non-commercial purposes, for the User’s personal use, within the scope defined by these Regulations and the applicable law.
5. The User does not acquire ownership rights to any copyrights to the resources available in the Service. Regardless of whether they are materials made available free of charge to all Users or materials available as part of the Service Provider’s newsletter, the User is granted only a non-exclusive, non-transferable, non-sublicensable (including without the right to authorize others to use the materials to the extent of the granted license) license to use the Service Provider’s materials by displaying, applying, storing, and reproducing them digitally (including via the Internet), without territorial and time limitations. All rights not expressly granted to the User are reserved by the Service Provider. The User is particularly prohibited from recording materials and disseminating and introducing them into circulation in any form and by any technique. The User does not have the right to copy the materials provided to them except in cases permitted by mandatory law. The User is also prohibited from modifying, adapting, translating, decoding, decompiling, disassembling, or any other attempts to interfere with the materials and circumvent access protections to their content, including determining the source code.
6) CONTACT WITH FXPROP.COM
1. The primary form of current remote communication with Fxprop.com is email (email address: info@fxprop.com), through which Users can exchange information with the Service Provider regarding the use of the Internet Service. Users may also contact the Service Provider in other legally permissible ways, using the data indicated at the beginning of the Regulations.
7) COMPLAINT HANDLING PROCEDURE
1. This section 7 of the Regulations defines the procedure for handling complaints common to all complaints submitted to the Service Provider, in particular complaints concerning Services and other complaints related to the operation of the Service Provider and its Online Service.
2. Below are additional information regarding the legal liability of the Service Provider:
a) The basis and scope of the Service Provider’s liability towards the User for the operation of the Service and its Services are determined by generally applicable legal provisions, in particular Polish law, i.e., the Civil Code, the Act of May 30, 2014, on consumer rights, and the Act of July 18, 2002, on providing services by electronic means. In the case of Users who are not consumers, additional liability regulations in section 10 of the Regulations also apply.
b) In the case of digital content and services provided under a contract concluded by a User who is a consumer, the provisions of the Act of May 30, 2014, on consumer rights, as in force from January 1, 2023, apply, in particular Articles 43h – 43q of the Act. These provisions specifically define the basis and scope of the Service Provider’s liability towards the consumer in case of non-compliance of digital content or services with the contract.
3. Complaints related to the operation of the Online Service and its Services can be submitted, for example, by email to the address: info@fxprop.com.
4. The Service Provider recommends including in the description of the complaint: (1) information and circumstances related to the subject of the complaint, in particular the type and date of the irregularity; (2) expectations of the person submitting the complaint; and (3) contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements stated in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
5. In case of a change in the contact details provided by the complainant during the processing of the complaint, they are obliged to notify the Service Provider of this.
6. The complainant may attach evidence (e.g., photos, documents, or screenshots) related to the subject of the complaint. The Service Provider may also ask the complainant to provide additional information or send evidence (e.g., photos) if it will facilitate and speed up the consideration of the complaint by the Service Provider.
7. The Service Provider will respond to the complaint promptly, no later than within 14 calendar days from the day of its receipt.
8) RIGHT OF WITHDRAWAL FROM A DISTANCE CONTRACT
1. This section 8 of the Regulations and all provisions contained therein apply to Users who are consumers.
2. By the relevant provisions implementing the European Parliament and Council Directive 2011/83/EU of 25 October 2011 on consumer rights, a consumer has the right to withdraw from a distance contract within 14 calendar days, without giving any reason and without incurring any costs, excluding contracts indicated in point 8.4 and the costs specified in point 8.6 of the Regulations.
3. To meet the withdrawal deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract can be submitted by the contact details of the Service Provider given at the beginning of the Regulations. A sample withdrawal form is available as an annex to Directive 2011/83/EU, referred to in point 8.2 of the Regulations. The consumer may use the form, but it is not mandatory.
4. The right to withdraw from a distance contract does not apply to the consumer in relation to (1) contracts for the provision of services for which the consumer is obliged to pay a price, if the Service Provider has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the Service Provider completes the service, they will lose the right to withdraw from the contract, and acknowledged it; (2) contracts for the supply of digital content which is not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the Service Provider commenced the performance with the express and prior consent of the consumer, who was informed before the commencement of the service that after the Service Provider completes the service, they will lose the right to withdraw from the contract, and acknowledged it, and the Service Provider provided the consumer with confirmation of the conclusion of the distance contract on a durable medium including the information about the given consent.
5. The period for withdrawing from a contract for the provision of services or the supply of digital content begins from the day the contract is concluded.
6. In the case of effective withdrawal from the contract, to which the exclusions indicated in point 8.4 of the Regulations do not apply, the following effects and costs associated with exercising the right of withdrawal from the contract by the consumer apply:
a) In the case of withdrawal from a contract involving digital content or digital services – from the day of receiving the consumer’s statement of withdrawal from the contract, the Service Provider may not use the content other than personal data provided or generated by the consumer while using the digital content or digital service – provided by the Service Provider, except for content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relates only to the consumer’s activity while using the digital content or digital service provided by the Service Provider; (3) have been combined by the Service Provider with other data and cannot be separated from them or can be separated only with disproportionate effort; (4) were created by the consumer together with other consumers, who can still use them. Except for the cases mentioned above in points (1)-(3), the Service Provider, at the consumer’s request, provides them with content other than personal data, which was provided or generated by the consumer while using the digital content or digital service provided by the Service Provider. In case of withdrawal from the contract, the Service Provider may prevent the consumer from further using the digital content or digital service, in particular by denying the consumer access to the digital content or digital service, which does not affect the rights of the consumer mentioned in the previous sentence. The consumer has the right to retrieve digital content from the Service Provider free of charge, without obstacles, within a reasonable time, and in a commonly used machine-readable format.
b) In the case of withdrawal from a contract involving digital content or digital services provided by the Service Provider, the consumer is obliged to cease using the digital content or digital service and to make them available to third parties.
c) The Service Provider is obliged to immediately, no later than within 14 calendar days from the day of receiving the consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by them. The Service Provider makes the refund using the same method of payment that was used by the consumer unless the consumer has expressly agreed to another method of refund, which does not involve any costs for them.
d) In the case of a service, the performance of which – at the express request of the consumer – started before the expiry of the withdrawal period, a consumer who exercises the right of withdrawal from the contract after making such a request is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment is calculated proportionally to the scope of the service performed, taking into account the agreed price or remuneration in the contract. If the price or remuneration is excessive, the market value of the service performed is the basis for calculating this amount.
9) OUT-OF-COURT COMPLAINT AND REDRESS MECHANISMS AND RULES OF ACCESS TO THESE PROCEDURES
1. Detailed information regarding the possibility for consumers to use out-of-court complaint and redress mechanisms and rules of access to these procedures is available at the offices and on the websites of relevant government institutions and social organizations responsible for protecting the rights and interests of consumers in the consumer’s country of habitual residence.
2. In the territory of the Republic of Poland, consumers can seek information about possible out-of-court complaint and redress mechanisms at the offices and on the websites of, among others, district (municipal) consumer ombudsmen, Voivodeship Inspectorates of Trade Inspection, and 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. Methods of resolving disputes without court involvement include (1) facilitating the approximation of the positions of the parties, e.g., through mediation; (2) proposing a resolution of the dispute, e.g., through conciliation; and (3) deciding the dispute and imposing its resolution on the parties, e.g., in the form of arbitration (arbitral tribunal). Detailed information regarding the possibility for consumers to use out-of-court complaint and redress mechanisms, rules of access to these procedures, and a user-friendly search engine for entities involved in amicable dispute resolution is available on the website of the Polish Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
4. At http://ec.europa.eu/odr, there is an online dispute resolution platform available for consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or service contract.
10) PROVISIONS CONCERNING ENTREPRENEURS
1. This section 10 of the Regulations and the provisions contained herein are directed exclusively to Users who are not consumers. Furthermore, this section of the Regulations and all provisions contained herein are not directed and therefore do not bind Users who are natural persons entering into a contract directly related to their business activities, when it is evident from the content of this contract that it does not have a professional character for them, particularly based on the type of their business activities as registered under the Polish laws on the Central Registration and Information on Business unless applying the provisions contained in this section of the Regulations to these persons is not prohibited.
2. The Service Provider has the right to withdraw from the contract concluded with the User within 14 calendar days from the date of its conclusion. Withdrawal from the contract in this case can occur without giving a reason and does not give rise to any claims on the part of such a User against the Service Provider.
3. Any delay or non-compliance with the conditions of Service execution by the Service Provider shall not constitute grounds for the User to withdraw from the contract or to demand compensation for incurred losses or other equivalent payments if the non-performance or improper performance of the contract was caused by factors for which the Service Provider is not responsible and did not contribute to their occurrence.
4. The Service Provider does not guarantee that the Online Service is free from errors or that the User will be able to operate the Service without problems and interruptions. Furthermore, due to the continuous development of new hacking techniques and internet network attacks, the Service Provider cannot guarantee that the Service will be free from vulnerabilities to hacking or attacks.
5. The Service Provider is not liable to the User for damages and non-fulfillment of obligations resulting from the occurrence of force majeure events (e.g., hacker attacks, natural disasters, epidemics, riots, wars, unrest) or any other causes beyond the control of the Service Provider.
6. The Service Provider is not legally responsible to the User in any case for damages arising from the use, improper use, or inability to use the Online Service, regardless of how the damages occurred and what they pertain to, whether it is a contractual liability, tort, or other, even if the Service Provider should have known or was informed about the possibility of such damages.
7. The Service Provider’s liability to the User, regardless of its legal basis, is limited to the amount of costs incurred by them for using the Online Service for the last year, or if not applicable, no more than 500.00 PLN (five hundred zlotys). The monetary limit mentioned in the previous sentence applies even in the absence of any contract concluded by the User with the Service Provider or in cases unrelated to such a contract. The Service Provider is liable to the User only for typical and incurred damages foreseeable at the time of concluding the contract, excluding lost profits.
8. All disputes arising between the Service Provider and the User shall be submitted to the court competent due to the location of the Service Provider’s seat.
11) FINAL PROVISIONS
1. This Regulation may be made available by the Service Provider in several different language versions to facilitate Users who speak other languages in understanding the provisions of the Regulations. Each translation is prepared with due care, however, the Service Provider cannot guarantee that it is free from errors or inaccuracies. In the event of any discrepancies between the content of the translation and the original version of the Regulations made in Polish, the Polish version takes precedence. Any doubts regarding the interpretation of the Regulations should be resolved by referring to the Polish language version available on the Online Service’s website.
2. The Service Provider reserves the right to make changes to these Regulations for valid reasons, namely: changes in legal regulations; being subject to a legal or regulatory obligation; changes in the scope or form of Services provided; changes in the Service Provider’s data; adding or removing Services; introducing fees for using the Services or raising current ones; the necessity to counter an unforeseen and immediate threat related to protecting the Online Service, including Fxprop.com Services and Users against fraud, malware, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Regulations.
a) In the case of a continuous contract, the amended Regulations bind the User if they have been properly notified of the changes, i.e., at least 15 calendar days before their introduction, and did not terminate the contract during this period. Additionally, at any time after receiving notification of the changes, the interested User may accept the introduced changes and thereby waive the further duration of the notification period. If a change to the Regulations results in the introduction of any new fees or an increase in current ones, the User who is a consumer has the right to withdraw from the contract.
b) In the case of a contract of a nature other than continuous contracts, changes to the Regulations will not in any way violate the User’s acquired rights before the day the changes to the Regulations come into effect, in particular, changes to the Regulations will not affect already concluded and executed contracts.
c) The Service Provider may introduce changes to the Regulations without observing the minimum notification period referred to in section 11.2 letter a) of the Regulations, if the Service Provider: (i) is subject to a legal or regulatory obligation, under which it is obliged to change the Regulations in a way that prevents it from maintaining a 15-day notice period; (ii) must exceptionally change its Regulations to counteract an unforeseen and immediate threat related to protecting the Online Service, including Fxprop.com Services and Users against fraud, malware, spam, data breaches, or other cybersecurity threats. In the cases mentioned in the previous sentence, the introduction of changes takes immediate effect, unless it is possible or necessary to apply a longer term for the introduction of changes, about which the Service Provider will notify each time.
3. Polish law is the applicable law for contracts concluded between the Service Provider and the User based on these Regulations. In matters not regulated by these Regulations, generally applicable Polish legal provisions apply, in particular the Civil Code, the Act of July 18, 2002, on the provision of services by electronic means, and the Act of May 30, 2014, on consumer rights.
4. All disputes between the User and the Service Provider that may arise from these Regulations and contracts concluded through Fxprop.com, in the absence of the possibility of their amicable resolution, will be subject to the jurisdiction of Polish courts. The reservation mentioned in the previous sentence does not exclude or limit any binding rights of the consumer in terms of the possibility of choosing jurisdiction, granted to them under the provisions of national, EU law, or international agreements, which cannot be excluded by these Regulations.
5. These Regulations do not exclude the provisions applicable in the country of the consumer’s habitual residence concluding a contract with the Service Provider, which cannot be excluded by the contract. In such a case, the Service Provider guarantees the consumer protection granted to them under the provisions that cannot be excluded by contract.
Thank you for your careful reading! If you have any questions, we are always at your disposal – please contact us.
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The fxprop Team