REGULATIONS OF ELECTRONICALLY SUPPLIED SERVICES
Subject and scope of regulation
- These regulations, hereinafter referred to as “Regulations”, govern the provision by Finfinder Ltd for entrepreneurs of services via electronic means via websites.
- The Regulations have been drawn up on the basis and within the limits of generally applicable legal provisions, in particular the Act on the provision of electronic services, the Civil Code, the Act on Copyright and Related Rights and the Telecommunications Law.
- The Regulations define in particular the scope and type of Services provided by the Service, technical requirements necessary for the proper use of the Service, ways of using the Service, regulations regarding intellectual property rights related to the Service.
- The name of the Service, its concept, visual identification, software and database, as well as individual word and graphic elements of the Service, which have been made available to Users by Finfinder, are protected by law.
- In order to avoid any doubts, the Service is directed to entities running a business in the field of financial intermediation in the segment of enterprises or entrepreneurs interested in obtaining financing. The Service is not intended for consumers within the meaning of the Civil Code.
For the purposes of the Regulations, the following definitions are introduced:
- “Bank” – a bank, financial institution or other institution providing on the territory of the Republic of Poland financial services for entrepreneurs in the framework of, among others: lending, loans, leasing, factoring, letters of credit, rental financing,
- „Finfinder” – the entity owning the Service, Finfinder Ltd with headquarters in Sanok (38-500), – 4 Wilcza Street, NIP 6871964394 REGON367555044 KRS 0000683154
- “Guest” – a person browsing the content of the Service, not having an Account, or not being logged in at the time,
- “Account” – an account maintained by Finfinder for the User under an individual login on the site Finfinder.pl, which is a collection of resources in which data of the User, his clients, financial products, offers, processed applications and information about his activity on the Service are collected,
- “Offer” – a summary of the conditions under which Banks offer entrepreneurs financial services, prepared on the basis of information and data provided by Banks and based on public sources and Finfinder experience. For the avoidance of doubt, the above information on financial services does not constitute an offer within the meaning of art. 66 §1 of the Civil Code,
- “Financial Intermediary” – an entity not related to Finfinder, acting at the request of the Bank or the Client, who as part of his business activity professionally deals with the provision of Financial Intermediation Services,
- “Registration” – the procedure for setting up the Account by the User,
- ” Service” –Internet services run by Finfinder, including the service for Users / Advisors (B2B) and the service for Guests / Companies (B2C), posted at the online address finfinder.pl,
- “Content” – all content posted by Users and Guests on the Service, including written, graphic and multimedia content;
- “Agreement” – means a contract between the User and Finfinder, concluded on the basis of the Regulations and licenseLicense,
- “Financial Intermediation Services” – services provided by Financial Intermediaries and Finfinder, consisting in intermediation in concluding agreements on use by clients of financial products offered by Banks,
- “User” – a Financial Intermediary or a person cooperating with a Financial Intermediary using the Service for Advisors (B2B), being logged in to their Account,
- “Internal Financial Intermediary” – an employee / co-worker of Finfinder, providing Financial Intermediation Services.
Using the Service
- The Service may be used by Guests and Users.
- Guests do not have access to all functionalities of the Service, and may only use the Search and Compare Service and Contact Service. Without separate consent, information and data posted by Guests on the Website will not be stored or used for purposes other than the presentation and processing of the selected Offer. Users can use the full functionality of the Service(version for Advisors (B2B)).
- Finfinder reserves the right to send to the User on its Account technical and system information regarding the operation of the Service, which do not constitute commercial information within the meaning of the Act on the provision of electronic services.
- Users and Guests are obliged to comply with the ban on providing by or to the Website Content:
- causing disruption of work or overloading the Service or other entities that participate directly or indirectly in the provision of electronic services,
- that may violate personal rights of third parties, intellectual property rights, including copyright, business secret or otherwise violate applicable legal order or good practices, in particular containing violence, pornography, promotion of drugs and other illegal substances, calling for committing crimes or promoting gambling games,
- containing computer viruses, “Worms”, “Trojans”, “keyllogers”, or other source codes, files, folders, computer programs detrimental to the Service
- causing commercial unsolicited commercial communication (SPAM),
- others of unlawful nature.
- Finfinder deletes Content that violates the law and the Regulations from the Service.
- Guests are bound by the provisions of the Regulations regarding the functionality of the Service intended for them.
- If the Guest or User does not agree to comply with the Regulations, he shall immediately stop using the Service.
- Finfinder reserves the right to conduct maintenance works of the Service, which may cause temporary impediments or prevent the use of the Service.
- In specific cases, affecting the security or stability of the Service, Finfinder has the right to temporarily cease or reduce the availability of the Service.
- Finfinder reserves the right to decide on the content of the Service, changes and modifications made therein, without the necessity to obtain the consent of the Users, provided that they are aimed at improving the Service functionality.
- In order to use certain functionalities of the Service, it may be necessary to have additional software (eg Flash, word processor, programs supporting PDF format, etc.).
- In order to register, the future User must have an individual, active e-mail account.
- The costs resulting from the use of means of long distance communication by the Guests and Users (costs of Internet connection, SMS, telephone calls) to use the Services are paid by the Guests and Users in accordance with the price lists of the providers they use.
- Finfinder does not train Users and Guests in the use of particular functionalities of the Service. The User is obliged to do so on their own, using in particular the tools posted on the Website (“FAQ”, “Help”, etc.). Regardless of the above, Finfinder provides Users and Guests with support in using the website as part of the Helpdesk in the form of an internet chat or a telephone connection with a consultant.
Services provided through the Service
- These Regulations define the rules for the use of the Service by Guests and Users.
- Through the Service, Finfinder provides the following services:
- Search Service – including allowing Guests and Users to enter their financial data in order to obtain information about Offers that meet the search criteria they have set;
- Comparing Service – including allowing Guests and Users to become acquainted with content of Offers that meet the search criteria they have set, the scope of information in Offers for Guests and Users may vary;
- Contact Service – including contacting the Guests with the Internal Financial Intermediary;
- Management Service – including management by financial advisors of Offers and processes of obtaining a given financing for clients.
- Finfinder reserves that the Service (both in the version for Users and Guests) contains only Offers intended for entrepreneurs.
- In order to use the Search and Compare Service, the User or Guest is obliged to enter the data specified in the inquiry form, including financial data and parameters of the financial product, necessary to search for the offer criteria available for the given offer. After entering the mandatory data, the Guest or User will receive information about Offers available for given criteria with the possibility of their comparison.
- Guests may at any stage of entering Content express their desire to contact the Internal Financial Intermediary. In this case, the Guest’s details will be transferred to the Internal Financial Intermediary who will contact him.
- Submission by the Guest of the request to contact him with an intermediary is tantamount to consent to the transfer of the Guest’s details stored on the Service to the Intermediary Financial Intermediary.
- Finfinder reserves that these Regulations do not govern the rules of cooperation of the Guest with the Intermediary Mediator, which are the subject of separate arrangements after making contact.
- The Service provides Users with all their functionalities available for a given Users category on the date of its use.
- The Website offers Users in particular also the following services:
- Search and Comparison of Offers prepared for Users’ customers,
- providing space on the Service for the purpose of storage of Content by Users, in particular of the clients’ contact details and financial data,
- providing tools to change and update the Content posted on the Service,
- providing tools to manage customer requests for financing.
- Registration consists in filling out the registration form located on the Service for Advisors.
- During the Registration process, the person provides in particular an individual login in the form of an e-mail address, which is a tool with which he / she will be able to access his / her Account.
- Registration may be performed by a natural person who, in accordance with its national law, has full legal capacity.
- By registering, a person declares that he meets the requirements referred to in this paragraph and arising from generally applicable laws and bears responsibility for all consequences resulting from making a false statement in this respect.
- During the Registration, as well as during the use of the Service, the User is obliged to:
- provide truthful, accurate and up-to-date data that is not misleading and does not violate the rights of third parties
- updates given in the data registration form, immediately after each change of these data. The data is updated as part of the User Account.
- During the Registration Users agree to provide with advertising materials, offers and other information from the Banks and to provide them with materials on other services provided by Finfinder.
- In order to complete the Registration process, all the required fields of the registration form must be filled in in a truthful manner and your current, valid and valid e-mail address and password must be provided. The password chosen by the User must be at least 8 characters, including one capital letter, one lower case letter and one number.
- Finfinder may make the Registration conditional upon submission by the User of documents authenticating the information provided by the User in its course.
- The provisions of para. 8 shall apply accordingly if during the term of the Contract Finfinder has doubts about the identity of the User. In the absence of submitting relevant documents, Finfinder may temporarily suspend or even terminate the User’s Account by terminating the Agreement.
- After completing the Registration, an email containing the link activating the Account will be sent to the e-mail address provided during the Registration.
- When the User clicks on the link activating the Account and the first effective logging into the Service, the Agreement with Finfinder is concluded on the terms specified in the license agreement License.
- The contract expires at the end of the period of free use of the Service or the expiration of the paid period of using the Service.
Account and payments
- The use of the Service for Guests and the creation and Account by the User is free.
- An account may not be transferred to another entity without the prior written consent of Finfinder under pain of nullity.
- Use of the Service for an Advisor (B2B) is free for the User for the period indicated on the Service when setting up an Account, and after this period, payable in advance on the terms set out in the price list here a link to the price list.
- If the User allows access to his Account to third parties, in particular by providing a login and password to the Account or improper security of the login and password against access by third parties, the User is liable for actions and omissions of such third parties as for their own actions or omissions .
- In the event of the User’s death or loss of legal capacity, his legal successors should inform Finfinder about the situation. The account is deleted, however, the legal successors to their motivated application (together with proof of legal succession) may be transferred Account data, in particular login and password only for the purpose of canceling the Account.
- Accounts that have not been paid for more than 60 days may be deleted. In this case, Finfinder sends a notification that the Account may be deleted to the User’s e-mail address 7 days prior to the planned deletion of the Account. In order to prevent the Account from being deleted by the Service, the User must pay for using the Service for the next period.
- The Service enables Users and Guests to search for Offers using the Finfinder search tool.
2. Finfinder reserves that the presentation of Offers available on the Service and the creditworthiness verification methodology used by the search tool are Finfinder’s proprietary products.
3. Offers are prepared by Finfinder on the basis of information obtained by Finfinder from publicly available sources and those provided by the Banks, which are not authorized by them. Therefore, Offers may differ from current offers presented by the Banks, and decisions on creditworthiness, loan granting and final loan terms are made only by the Banks. Such differences shall not result in Finfinder not performing or improper performance of the Contract.
- Finfinder does not guarantee that if a User submits a request for funding on behalf of a client or Guest, the credit or customer’s credit rating performed by the Bank will end positively and the agreement between the User’s or Guest’s customer and the Bank will be concluded.
- Users undertake to comply with the Regulations.
- Users undertake to provide full, up-to-date and true data during Registration and to promptly update them in the event of any changes in this regard.
- Delivery of statements of knowledge and will to the contact details provided by the Users (postal address, e-mail address) makes use of the presumption of effectiveness.
- Users are entitled to use the Service to conduct business or professional activities, including providing financial services for a fee or free of charge.
Procedure for reporting violations
- If it is found that any Content posted by Users on the Service infringes the law, in particular intellectual property rights or personal rights of third parties or are contrary to the Regulations, any User or Guest may report this fact to Finfinder by sending a message e-mail to kontakt@Finfinder.pl or via the appropriate form provided on the Service.
- After receiving such a message, Finfinder evaluates its credibility and takes actions in the form of removing or blocking access to the indicated in paragraph 1 Content, in accordance with applicable regulations.
- In the case referred to in paragraph 2, Finfinder shall not be liable to persons whose rights have been violated as well as to Users, due to incompatible Agreement with the Service.
Blocking the Service
- In the event that Finfinder becomes credible with information that the User will be in breach of the Regulations, in particular if the User posts Content on the Website that violates any applicable legal order, good practices or these Regulations in any way, Finfinder will be entitled to blocking the User from accessing the Service, immediately removing his Account, as well as refusing to make another User Registration on the Service.
- In the event of deleting the Account or User Content or preventing access to them, Finfinder will inform the User about this fact to an e-mail address within 3 days from the occurrence of such circumstances.
- A person who has been deprived of the right to use the Service may not re-register on the Service without the prior consent of Finfinder. Consent is granted at the earliest after expiration of at least 3 months from the moment of depriving the User of the right to use the Service. To obtain consent, please fill in the appropriate fields on the form located on the Service. Finfinder makes decisions on granting consent within 7 days and then sends relevant information to the User’s e-mail address provided in the form. Applications for consent submitted before the expiry of the 3 months referred to above, Finfinder leaves without consideration.
- Finfinder is liable for non-performance or improper performance of obligations under the Agreement, in particular for providing the Services of the Service in a manner inconsistent with the Regulations, if its operation is in this respect culpable and intentional.
- Damage liability Finfinder is limited to the amount of the actual loss and excludes lost profits.
- Finfinder is not responsible for unlawful behaviors of Users and Guests undertaken using the Service, in accordance with the applicable provisions in this regard.
- In the event of unsatisfactory quality of the Website Services provided by Finfinder, or the failure to perform or improper performance of its obligations, the User or Guest is entitled to submit a complaint in this regard.
- Complaints shall be submitted by sending an e-mail to the following address: firstname.lastname@example.org, entering the term “complaint” or equivalent in the subject of the message.
- A properly submitted complaint should contain at least the following data:
1) designation of the User or Guest (name, surname, login, postal address, e-mail address,
2) a concise description of the comments and reservations made.
- Complaints are considered by Finfinder immediately, no later than within 14 days.
- The negative result of the complaint procedure is a condition for pursuing claims that are in connection with the Agreement before the competent common court.
Change of regulations
- Finfinder reserves the right to amend the Regulations, if the change is required by applicable law, and to improve the quality, functionality of the Service, change or extend the scope of services provided.
- Any changes to the Regulations will be made known to the User through a system message revealed at the first login to the Service, counting from the day of introducing changes in the Regulations or in correspondence addressed to the email address assigned to the User Account.
- If the User does not accept the amended Terms and Conditions, the User may terminate the Agreement within 7 days from the date of receipt of the notification referred to in paragraph 2.
- If, within the period referred to in paragraph 3, the User does not submit a notice of termination of the Agreement, it is considered that the amendments to the Regulations have been accepted by the User and after that date become binding for him.
Applicable law and jurisdiction
- The Regulations are subject to Polish law and, according to it, should be interpreted, which does not violate any rights of Users who are consumers resulting from the right for them in this respect.
- The application of the Vienna Convention on the international sale of goods shall be excluded.
- The Regulations shall enter into force on January 1, 2019.
- The Regulations are available on the Service at any time and may be recorded and copied by Users without any restrictions.
- In matters not covered by the Regulations, generally applicable laws and provisions of the Security Policy shall apply, in particular regulations of the Civil Code, the Act on Electronic Services, the Law on Copyright and Related Rights and the Telecommunications Law.
- The Regulations have been drawn up in the Polish language version.