TERMS AND CONDITIONS & PRIVACY POLICY

THO.EU APPLICATION

Thank you for your interest in our mobile application (hereinafter referred to as: ‘Application’, ‘Tho.eu Application’) available for download on iOS and Android devices.

Please read this document carefully. The Terms and Conditions define the rules for using the Tho.eu Application, including license conditions and the Privacy Policy of personal data collected and processed within the Application. The Tho.eu Application is protected by the provisions of copyright law, intellectual property law, and other relevant, absolutely binding provisions of law. The use of the Tho.eu Application is possible under the license conditions specified below.

The formula of this document assumes the establishment of general terms and conditions of use of the Application. These Terms and Conditions, in the event of a decision to use the Tho.eu Application, regulate in particular the rules of using the Application, including the issues of our liability.

We invite you to familiarize yourselves with the Terms and Conditions.

Tho.eu Application Owner

1) GENERAL PROVISIONS

  1. The owner of the Tho.eu Application is THE HOME OFFICE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Gdańsk (registered office address and address for service: Trakt Św. Wojciecha 237, 80-017 Gdańsk), entered into the Register of Entrepreneurs of the National Court Register under the number: 0000879987; registry court in which the company’s documentation is kept: District Court Gdańsk – Północ in Gdańsk, VII Commercial Division of the National Court Register; share capital in the amount of PLN 10,000.00; Tax Identification no.: 5833418418, National Business Registry no.: 387988595, e-mail address:office@tho.eu (hereinafter referred to as the ‘Service Provider‘).
  2. The Service Provider/Data Controller operates the Tho.eu Application and is solely responsible for the correct provision of Electronic Services and other functionalities of the Application in accordance with the information presented in these Terms and Conditions. In addition to the Service Provider, there are also Users that are independent third parties in relation to the Service Provider. Users may use the Electronic Services provided by the Application and other functionalities of the Application under the conditions specified in these Terms and Conditions.
  3. The Terms and Conditions are addressed to all persons using the Tho.eu Application, unless a given provision provides otherwise. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers (or Entrepreneurs with Consumer Rights) entitled to them under mandatory provisions of law. In case of any discrepancies of the provisions of the Terms and Conditions with the above provisions, priority is given to these provisions.
  4. The terms used in this Terms and Conditions shall mean:
    1. THE THO.EU APPLICATION, APPLICATION – mobile application, software with elements that are not a computer program within the meaning of the provisions of the Copyright Law but are an integral part of it, enabling the User to use it.
    2. Civil Code – the Polish Civil Code – the Act of April 23, 1964, Journal of Laws no. 16, item 93, as amended).
    3. CONSUMER – a natural person for whom the use of the Tho.eu Application is not directly related to their business or professional activity.
    4. USER ACCOUNT, ACCOUNT – Electronic Service, a collection of resources marked with an individual e-mail address (e-mail address) and a password in the Tho.eu Application ICT system, in which the data provided by the User and information about the User’s activities undertaken as part of the Application is collected.
    5. COPYRIGHT – Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws no. 24, item 28, as amended).
    6. ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person for whom the use of the Tho.eu Application is directly related to their business activity, when the circumstances indicate that it is not of a professional nature for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
    7. TERMS AND CONDITIONS – these Terms and Conditions of the Tho.eu Application.
    8. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to Users via the Tho.eu Application in accordance with these Terms and Conditions.
    9. SERVICE PROVIDER, DATA COLLECTOR – THE HOME OFFICE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Gdańsk (registered office address and address for service: Trakt Św. Wojciecha 237, 80-017 Gdańsk), entered into the Register of Entrepreneurs of the National Court Register under the number: 0000879987; registry court in which the company’s documentation is kept: District Court Gdańsk – Północ in Gdańsk, VII Commercial Division of the National Court Register; share capital in the amount of PLN 10,000.00; Tax Identification no.: 5833418418, National Business Registry no: 387988595, e-mail address:office@tho.eu, contact phone number: [+48] 500528001.
    10. ACT ON CONSUMER RIGHTS – the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item. 827, as amended).
    11. USER – a natural person with full legal capacity, and in cases provided for by generally applicable regulations.

2) GENERAL TERMS AND CONDITIONS OF USE OF THE THO.EU APPLICATION

  1. The application is used to view coworking spaces in Poland.
  2. User is obliged to use the Tho.eu Application in accordance with its subject matter, purpose and these Terms and Conditions, in a manner consistent with the law and good morals, taking into account respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. User is prohibited from taking actions, which purpose or effect is to disrupt the proper functioning of the Application or cause damage to the Service Provider and its contractors.
  3. The Service Provider is responsible for the proper functioning of the Tho.eu Application, Electronic Services, and other functionalities. The Service Provider makes reasonable efforts to ensure that the use of the Application is understandable and transparent, however, it cannot guarantee that everyone will be able to operate the Application on their own or that it will prove to be useful for the uses expected by them other than those explicitly specified by the Service Provider in the Terms and Conditions. The Service Provider makes the Tho.eu Application available in the form in which it was provided and makes no implied or explicit warranties as to its usefulness for specific uses, which is not intended to exclude or limit the Service Provider’s liability towards Consumers (or Entrepreneurs with Consumer Rights) provided for by generally applicable law.
  4. The use of the Tho.eu Application is associated with standard threats occurring on the Internet. The basic threat to any Internet user, including people using Electronic Services, is the possibility of ‘infecting’ the ICT system by various types of software created mainly to cause damage or obtain unauthorized access to the User’s data. Therefore, in order to avoid the risks associated with this, the Service Provider recommends taking care of the current update of the operating system, antivirus software, and other security features of your end device.

3) SPECIFIC TERMS AND CONDITIONS OF USE OF THE THO.EU APPLICATION

  1. The costs of data transmission during the use of the Application shall be covered by the User.
  2. The User can browse all coworking spaces included in it free of charge.
  3. The User may at any time and without giving any reason cease to use the Application by deleting the Account.

4) APPLICATION FUNCTIONALITIES

  1. User may use the Tho.eu Application under the conditions specified in the Terms and Conditions. A detailed description of the functionality of the Application, Electronic Services, and the principles of their operation is available in the Terms and Conditions and as part of the messages, explanations, and contextual information displayed in the Application itself.
  2. You must have an active Account to use the Application.
  3. The User can view all coworking spaces.
  4. The User has access to the following functionalities of the Application:
    1. creating and deleting accounts;

5) USING THE ACCOUNT

  1. The User creates an account himself.
  2. The User deleting an account himself.

6) CONTACTING THE SERVICE PROVIDER

The main form of ongoing distance communication with the Service Provider is e-mail (e-mail address: office@tho.eu), through which you can exchange information about the use of the Tho.eu Application with the Service Provider and obtain technical support. Users may also contact the Service Provider in other legally acceptable ways, using the contact details provided at the beginning of the Terms and Conditions.

7) COMPLAINTS ABOUT THE THO.EU APPLICATION

  1. The basis and scope of the Service Provider’s liability for the operation of the Tho.eu Application are determined by generally applicable law, in particular the Civil Code. Complaints related to the operation of the Application can be submitted, for example, by e-mail to the following address: office@tho.eu or using the contact form available in the appropriate tab of the Application.
  2. It is recommended that the User includes the following details in the complaint description: (1) information and circumstances regarding the subject of the complaint, especially the type and date of occurrence of irregularities; (2) User’s demands; and (3) contact details of the person submitting the complaint to simplify and accelerate the examination of the claim by the Service Provider. The requirements specified in the above sentence are only recommendations and will not affect the outcome of complaints submitted while omitting the recommended description of the complaint.
  3. The Service Provider responds to the complaint immediately, no later than within 14 calendar days since the claim’s submission.

8) INTERRUPTIONS AND TECHNICAL FAILURES

  1. The Service Provider shall make reasonable efforts to ensure the proper and uninterrupted functioning of the Tho.eu Application and the possibility of using Electronic Services. Due to the complexity of the Application and its Electronic Services, as well as due to external factors beyond the control of the Service Provider (e.g. DDOS attacks – distributed denial of service), it is however possible to encounter errors and technical failures preventing or limiting the functioning of the Application in any way and the possibility of using its Electronic Services. In such a case, the Service Provider will take possible measures to ensure that the negative effects of such events are limited as much as possible.
  2. The Service Provider shall immediately inform Users of any technical errors and failures,
    referred to above and the expected date of their removal. Communications on this subject are published on the Application’s website at: https://tho.eu
  3. In addition to interruptions caused by technical errors and failures, there may also be other technical interruptions during which the Service Provider undertakes activities aimed at the development of the Application and its Electronic Services and their protection against technical errors and failures.
  4. The Service Provider plans technical breaks in such a way that they are as least burdensome as possible, in particular, that they are planned for times with less traffic in the Application (e.g. night hours) and only for the time necessary to perform the necessary activities by the Service Provider.
  5. The Service Provider shall not be liable to the User for damages and non-fulfilment of obligations resulting from any technical errors and failures and technical interruptions.

9) LICENSE TO USE THE THO.EU APPLICATION

  1. Copyright and intellectual property rights to the Tho.eu Application as a whole and its individual elements, including content, graphics, works, designs, and trademarks, belong to the Service Provider or other entitled third parties and are protected by copyrights and other generally applicable laws. The protection granted to the Application covers all forms of its expression.
  2. The application shall be treated like any other work subject to copyright protection. The User of the Application has no right to copy the Application, except as permitted by law. The User of the Application also undertakes not to modify, adapt, translate, decode, decompile, disassemble, or in any other way attempt to determine the source code of the Application, except as permitted by law.
  3. The User of the Application does not receive ownership of any copyrights in the Application. The User of the Application is granted only – under the conditions specified in the Terms and Conditions – a non-transferable, worldwide, and non-exclusive license entitling them to use the Application in a manner consistent with its purpose and subject matter, with these Terms and Conditions and in a manner consistent with the law and good morals, taking into account respect for personal rights, personal data and copyrights, and intellectual property of the Service Provider and third parties and entities.
  4. Under the licence granted, the User is entitled to use the Application by downloading, installing, permanently or temporarily reproducing it in the memory of a mobile device,
    and to reproduce, use and display the Application to the extent necessary to use all the functionalities and resources of the Application in accordance with its purpose and subject matter and exclusively for personal, non-commercial use for an indefinite period of time.
  5. All rights other than those expressly granted above are reserved by the Service Provider, in particular the User of the Application is not entitled to (1) distribute the Application, including the rental and lending of the Application or a copy thereof in any form; (2) sub-license the Application (including the granting of access to the Application to other persons); (3) market the Application, including to lend or rent the Application; and (4) tamper with the source code and structure of the Application (including making derivative works of the Application and distributing, sub-licensing or marketing such derivative works in any form).
  6. Trademarks of the Service Provider and third parties should be used in accordance with applicable laws.

10) OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS

  1. This clause of the Terms and Conditions and the provisions contained herein shall apply to Consumers only.
  2. Any information concerning the possibility for the Consumer to use out-of-court ways of analysing the claims and pursuing claims and, concerning the rules of exercising those procedures are available e.g. in the buildings and on the websites of the district and municipal consumer ombudsman, social organisations that main duties include consumer protection, Provincial Offices of the Commercial Inspection and at the following websites: http://www.uokik.gov.pl  and  http://www.rzu.gov.pl.
  3. There is an online platform for resolving disputes between consumers and traders at the EU level (ODR platform) at http://ec.europa.eu/consumers/odr The ODR platform is an interactive and multilingual website with comprehensive customer service for consumers seeking non-judicial settlement of the dispute concerning contractual obligations arising from the online sale agreements or service contracts.

11) FINAL PROVISIONS

  1. The language of communication between the Service Provider and the User is Polish.
  2. Amendments to the Terms and Conditions:
    1. The Service Provider reserves the right to make changes to these Terms and Conditions for important reasons, namely: change of legal regulations; becoming subject to legal or regulatory obligation; change of the scope or form of the Electronic Services provided; addition of new Electronic Services; payment methods and dates; necessity to counteract unforeseen and direct threat related to the protection of the Application, including Electronic Services against fraud, malware, spam, data breach or other cyber security threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
    2. The Service Provider may introduce changes to the Terms and Conditions if the Service Provider:
      1. is subject to a legal or regulatory obligation, pursuant to which it is obliged to amend the Terms and Conditions;
      2. must exceptionally amend its Terms and Conditions to address unforeseen and immediate threats related to the protection of the Application, including Electronic Services and Users against fraud, malware, spam, data breach or other threats to cybersecurity.
  3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2002 no. 144, item 1204, as amended); the Consumer Rights Act; the Copyright Act and other relevant provisions of generally applicable law.

Thank you for your careful reading!

If you have any questions, feel free to contact us.

We invite you to use our Application,

Tho.eu Application Administrator