Website Terms of Use
alokai.com
This Website Terms Use apply to VSF’s website at alokai.com ("Website"). YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE WEBSITE TERMS OF USE; IF YOU DO NOT AGREE TO THEM, DO NOT USE THE WEBSITE.
1. WEBSITE
1.1. Website alokai.com is provided by VSF Sp. z o.o. (a Polish limited liability company) with its headquartersin Warsaw (00-032), Przeskok 2 Str. entered into the Register
of Entrepreneurs kept by the District Court for the Capital City of Warsaw, XIII CommercialDivision of the National Court Register under KRS number 0000870326, NIP (tax ID)
5272942049, with the share capital of PLN 2.550.680,00 PLN (“Service Provider”), which may be contacted by sending a message to the following e-mail address:
websitemanagment@alokai.com.
1.2. The services provided electronically on the website (“Electronic Services”) may be used by a natural person or a legal person acting through an authorized person, or an organizational unit without legal personality, to which legal capacity is granted by law, with total legal capacity (“User”).
2. WEBSITE TERMS OF USE
2.1. These website terms of use (“Website Terms of Use”) set forth the terms, scope, and conditions of the Electronic Services by Users, and further:
2.1.1. conditions of conclusion and termination of the Agreement on Provision of Electronic Services and the Agreement for the provision of digital content,
2.1.2. terms and conditions for the provision of the Electronic Services;
2.1.3. rules for filing and investigating complaints,
2.1.4. Service Provider’s liability rules.
2.2. Before using the Electronic Services, the User must read the Website Terms of Use and the Privacy Policy. The User must accept the Website Terms of Use to use the Electronic Services.
2.3. The Website Terms of Use are made available free of charge via the website in a manner that allows obtaining, reproducing, and recording the content of the document using a
teleinformatic system used by the User.
3. TECHNICAL CONDITIONS
3.1. It is necessary to use a device communicating with the Internet and equipped with a web
browser to use the Electronic Services.
3.2. The minimum technical requirements to use the Electronic Services are:
3.2.1. an installed and up-to-date operating system on the device,
3.2.2. an up-to-date web browser,
3.2.3. stable internet connection,
3.2.4. active e-mail account.
3.3. In addition, in order to participate in the Workshop, a speaker/headset is required.Using third-party vendor tools and account registration by the User may also be required.
3.4. The Service Provider is not a provider of data transmission or telecommunication services. All costs associated with data transmission services or telecommunication services required for the Electronic Services shall be borne solely by the User under separate agreements concluded by the User with these service providers.
3.5. The Service Provider hereby informsthat the public nature of the Internet and the conclusion
of agreements for the use of the Electronic Services may be associated with the legal risks
arising from the use of the Internet, including the threat of obtaining, appropriating, or
modifying User’s data by unauthorized persons. Consequently, the User should use
appropriate technical measures to minimize the risk, including antivirus programs or protect
the identity of persons using the Internet.
4. ELECTRONIC SERVICES
4.1. The Electronic Services provided on the Website consist of:
4.1.1. a contact form through which the User may contact the Service Provider about the Service Provider’s offer, or request demo (“Sales Form”);
4.1.2. viewing of offers and applying for the recruitment process (“Recruitment”);
4.1.3. sending a newsletter containing business or developer information by the Service Provider, at periods selected by the Service Provider, to the e-mail address of the User (“Newsletter”);
4.1.4. downloadable online business materials (“Ebook”);
4.1.5. allowing Users to participate in online workshops (“Workshop”),
4.1.6. publishing informative content on the Website ("Blog"),
4.1.7. allowing Users to participate in the Service Provider's online courses available on a dedicated platform (“Online Academy”),
4.1.8. enabling Users to get a certificate of knowledge of the ecommerce ecosystem to implement VueStorefront products (“Certification Program”),
4.1.9. participation in the frontier program (“Frontier Program”).
4.2. The use of Electronic Services is free of charge.
4.3. Subject to other express provisions of the Website Terms of Use, Electronic Services are provided 24 (twenty-four) hours a day, 7 (seven) days a week, at the request of the User, unless otherwise specified in the Website Terms of Use.
4.4. The place of providing the Electronic Services is the territory of the Republic of Poland.
4.5. The Electronic Services Agreement is concluded in the English language.
5. SALES FORM (REQUEST DEMO)
5.1. Through the Sales Form, the User may contact the Service Provider to make an appointment for the Service Provider to present their offer.
5.2. The Electronic Services Agreement is concluded when the User enters the required data indicated on the Website and sends it to the Service Provider by using the button “Request Demo” or similar.
5.3. The Sales Form is not a continuous service. Upon the delivery of data to the Service Provider, the Agreement is completed.
6. RECRUITMENT
6.1. The Service Provider enables the Users to familiarize themselves with current recruitment processes conducted by the Service Provider and allowsthem to apply for a position selected by the Service Recipient by a dedicated form.
6.2. The Electronic Services Agreement is concluded when the User enters the required data indicated on the Website and sends it to the Service Provider by using the “Apply” or similar button “Apply”.
6.3. Recruitment is not a continuous service. Upon the delivery of data and application documents to the Service Provider, the Agreement is completed.
7. NEWSLETTER
7.1. The Newsletter service is possible after the User provides their e-mail address in the appropriate field on the Website and accepts the Website Terms of Use.
7.2. The User can choose the scope of the newsletter between business information, or information for developers. If the User does not choose, they will be added to the newsletter
for business.
7.3. In order to receive the Newsletter, the User is not obliged to provide any consideration other than providing personal data in the form of an e-mail address.
7.4. The User may subscribe to the Newsletter 24 (twenty-four) hours a day, 7 (seven) days a week.
7.5. The Newsletter Service Agreement is concluded when the User sends their data to the Service Provider by using the “Sign up” button.
7.6. Subscribing to the Newsletter is understood as consent to receive commercial information regarding the Service Provider, in accordance with Article 10 of July 18, 2002 on the provision of electronic services.
7.7. The Newsletter Service Agreement qualifies as the Agreement for the provision of digital content, in accordance with the Polish Consumer Rights Act of May 30, 2014.
7.8. The Newsletter is provided continuously, for an indefinite period.
7.9. The Newsletter is sent in electronic form to the address indicated in the registration form used for subscribing to the above-described Newsletter, upon the User’s request.
7.10. The Service Providershall endeavor to deliver the Newsletter at least once amonth, however the Newsletter is not delivered to Users regularly. The timing of delivery of the Newsletter to Users is determined by the Service Provider.
7.11. The Newsletter may contain links redirecting to other, external websites provided by other entities. The User is obliged to comply with the terms and conditions of these websites. The Service Provider is not responsible for these websites.
7.12. Signing up for the Newsletter is equivalent to reading and understanding of the Privacy Policy .
7.13. For information about withdrawal and termination of the Newsletter Service Agreement, please see Section 15.
8. E-BOOK
8.1. The service provider provides E-books – business materials downloadable online.
8.2. To download an E-book, the User is not obliged to provide any services other than providing personal information indicated in the download form.
8.3. To download an E-book, the User fills out a dedicated form, providing their personal information, and sends it to the Service Provider using the "Get the book” or similar button.
8.4. The Agreement for downloading an E-book is not continuous. Upon the delivery of data to the Service Provider, and downloading of E-book by the User, the Agreement is completed.
8.5. Downloading the E-book is equivalent to joining the Newsletter provided in accordance with point 7 of Website Terms of Use.
9. WORKSHOP
9.1. The Service Provider shall enable the User to participate in online Workshops, in exchange for the Users’ provision of their personal data.
9.2. To participate in the Workshop, the User is not obliged to provide any services other than providing personal information indicated in the registration form.
9.3. Information about the Workshop, including its date, duration, topics, program, and technical conditions, are specified each time on the Website.
9.4. Workshops are not and do not have to be organized periodically. The decision on the organization of a Workshop, including its duration and subject matter, is made by the Service
Provider.
9.5. To participate in the Workshop, the User fills out a dedicated form for Workshop enrollment, providing their personal information, and sends it to the Service Provider using the "Sign up" button. After the enrollment, the User receives an email confirming the enrollment and a reminder about the event.
9.6. In orderto sign up forthe Workshop, the User must accept the Website Terms of Use. Signing up for the Workshop is also equivalent to reading and understanding of the PrivacyPolicy .
9.7. When signing up for the Workshop, the User may consent to receive the Newsletter (optional) in accordance with section 7.
9.8. The agreement to participate in the Workshop qualifies as the Agreement for the provision of digital content in accordance with the Polish Consumer Rights Act of May 30, 2014.
9.9. Participation in the Workshop is possible online in real-time (live transmission), at the time specified by the Service Provider, and through the tools indicated by the Service Provider in the information about the Workshop.
9.10. The agreement for participation in the Workshop is concluded at the time of enrollment (sending a dedicated form to the Service Provider).
9.11. The User may sign up for a Workshop only if the Service Provider informs the User about the planned Workshop, prior to the Workshop.
9.12. The Workshops are conducted in English.
9.13. The Service Provider shall be entitled to use any tool for conducting the Webinar, as well as to change it at any time. In the case of some tools, the User may be required to take
additional actions, such as registering an account with the tool.
9.14. The Service Provider is entitled to cancel the Workshop or change the date of the Workshop due to force majeure, understood in particular as: indisposition of the persons conducting the Workshop, lack or poor quality of the Internet connection, or platform malfunction making it impossible to conduct the Workshop. In such a case, the User is not entitled to any claims against the Service Provider.
9.15. For information about the withdrawal and termination of the agreement of participation in the Workshop, please see Section 15.
10. BLOG
10.1. The Service Provider publishes informative content within the Blog in the field of, in particular, eCommerce, Headless Commerce, Microservices, or Performance and Service Provider’s news.
10.2. To read the Blog, the User is not required to provide any services other than providing personal information contained in cookies, if the User has consented to the use of cookies.
10.3. The User has the ability to stop browsing the Blog at any time and without giving any reason by closing the Internet browser or the Website.
10.4. There may be links within the Blog and Website that redirect to other websites. The Service Provider is not responsible for the content available there, and the User is obliged to apply the rules and policies applicable there.
11. USER’S ACCOUNT
11.1. In order to join the Online Academy, it is necessary to register an account on the Website (“Account”).
11.2. In order to register the Account, the User is required to complete the dedicated form by providing specified data and making statements on acceptance of the Website Terms of Use, and reading and understanding of the Privacy Policy .
11.3. After registering the Account, the User receives an email confirming the registration.
11.4. Logging into the Account consists of providing the login and password established by the User. The User is obliged to keep the password to the account confidential.
11.5. The Account Electronic Service is provided for an indefinite period of time and is concluded when the User sends the registration form to the Service Provider for registration of the Account.
11.6. For information about the withdrawal and termination of the Account agreement, please see Section 15.
12. ONLINE ACADEMY
12.1. In orderto enroll in the Online Academy, it is necessary to register the Account in accordance with Section 11.
12.2. In order to participate in the Online Academy, the User fills out a dedicated form for course enrollment, providing their personal information, and sends it to the Service Provider using the "Enroll for free" button.
12.3. The agreement to participate in the Online Academy qualifies as the Agreement for the provision of digital content, in accordance with the Polish Consumer Rights Act of May 30, 2014.
12.4. Online Academy materials are available to the User at a time and place of the User’s choosing, for the entire time the User is enrolled in the Online Academy.
12.5. The agreement for participation in the Online Academy is concluded for an indefinite period, and is concluded at the time of enrollment (sending a dedicated form to the Service
Provider).
13. CERTIFICATION PROGRAM
13.1. In order to participate in the Certification Program, the User fills out a dedicated form for the knowledge course, providing their personal information, and sends it to the Service Provider using the "Start the quiz" button.
13.2. Participation in the Certification Program consists of completing a knowledge quiz on a knowledge area of the User’s choice. After completing the quiz and obtaining the required
number of points, the User will receive a certificate in electronic form, sent for download to the e-mail address provided by the User.
13.3. The User can approach the Certification Program as many times as needed.
13.4. The agreement for participation in the Certification Program is concluded for an indefinite period, and is concluded at the time of taking a quiz(sending a dedicated form to the Service Provider).
13.5. The Service Provider is free to develop the available areas within the scope of the Certification Program. The Services Provider can add a new area, remove or modify current
topics at any time.
14. FORM TO JOIN TO THE FRONTIER PROGRAM
14.1. The Service Provider allows Users to join the Frontier Program.
14.2. The Frontier Program is dedicated to the Users who were customers of VSF Sp. z o.o. or VSF Inc. (“VSF”). The Service Provider may deny Users who do not meet the condition specified in section 14.2 participation in the Frontier Program.
14.3. Members of the Frontier Program, at their own discretion, share their experience in cooperation with VSF with other recipients. At the request of the participants of the Frontier
Program, the Service Provider may provide marketing information regarding VSF.
14.4. In order to join to the Frontier Program, the User fills out a dedicated form, providing their personal information, and sends it to the Service Provider using the "Submit now" button.
14.5. The form to join to the Frontier Program is not a continuous service. Upon the delivery of data to the Service Provider, the Agreement is completed.
15. WITHDRAWAL AND TERMINATION OF THE AGREEMENT
15.1. The User may withdraw from the agreement mentioned in Section 7, 9, 11, 12 or 13 of Website Terms of Use without giving any reason, within 14 (fourteen) days from the date of
its conclusion. The withdrawal from the agreement for participation in the Workshop may take place no later than at the time of the Workshop.
15.2. The User may terminate the agreement mentioned in Section 7, 9, 11, 12 or 13 at any time and without giving any reason, with immediate effect.
15.3. In order to withdraw from the agreement or terminate the agreement mentioned above, the User should send an email to the Service Provider's email address:
websitemanagment@alokai.com . In case of the Newsletter, the User may also withdraw from the agreement or terminate the agreement, by clicking on the “Unsubscribe”
button contained in each email sent within the Newsletter.
15.4. The Service Provider may terminate the agreement mentioned in Section 7, 9, 11, 12 or 13, at any time, upon 14 days’ notice, of which the User will be informed via e-mail.
15.5. The Service Provider may terminate the agreement mentioned in Section 7, 9, 11, 12 or 13, with immediate effect for important reasons, which does not require prior notification of the User by the Service Provider, i.e. in case of:
15.5.1. violation by the User of the provisions of generally applicable law or the Website Terms of Use, including point 17.2. Website Terms of Use,
15.5.2. provision by the User of erroneous or false data or provision of data of third parties,
15.5.3. when the User takes actions that interfere with the functioning of the Website, Electronic Services or interfere with the Workshop for other Users,
15.5.4. when the User uses the Electronic Services to send illegal content or violates or attempts to violate the technical security of the Electronic Services;
15.5.5. in case of inactivity of the User for a period of one year, including non-opening of messages by the User (in case of Newsletter) or no logging on the Account.
16. PERSONAL DATA
16.1. The Service Provider is the Controller of the personal data processed in connection with the use of Electronic Services.
16.2. Personal Data is processed for the purposes, to the extent and based on the grounds and principles indicated in Privacy Policy.
16.3. Due to the international nature of the capital group to which the Service Provider belongs, data necessary to provide Electronic Services, e.g. Newsletter, may be transferred to VSF Inc. (350 Townsend St Ste 740, San Francisco, CA 941071693, United States), in order to perform the agreement at the User's request. More information can be found in the Privacy Policy.
17. THE SERVICE PROVIDER’S LIABILITY AND THE USER’S OBLIGATIONS
17.1. To the extent permitted by law, Service Provider is not responsible for:
17.1.1. acts and omissions of telecommunications carriers and service providers used by the User to access the Electronic Services,
17.1.2. interruptions or difficulties in access to the Electronic Services caused by necessary technical interruptions, failures of telecommunication connections, or caused by force majeure,
17.1.3. the User’s actions which are inconsistent with the Website Terms of Use, includingvdamage caused to third parties as a result of the use by the User of Electronic Services
in a manner contrary to the Website Terms of Use and the law,
17.1.4. provision of third parties’ data by the User during the use of Electronic Service,
17.1.5. consequences of the User providing false, incomplete, or incorrect data in the form, or for non-delivery of the Electronic Services for other reasons attributable to the User, e.g. overflowing mailbox.
17.1.6. inability or difficulty in using the Electronic Service due to non-fulfillment of the technical requirements specified in the Website Terms of Use.
17.2. The User is obliged in particular to:
17.2.1. provide the Service Provider only with accurate, current, and all necessary data of the User;
17.2.2. promptly update the data provided to the Service Provider in connection with the conclusion of the agreement;
17.2.3. use the Electronic Services offered by the Service Provider in a manner consistent with applicable law and without infringing on third parties’ rights, in accordance with the provisions of the Website Terms of Use, as well as with customary practice and rules of social coexistence, in particular by not providing unlawful content;
17.2.4. use Electronic Services and the Website in a manner that does not interfere with their functioning
17.2.5. respect the Service Provider’s rights, including copyrights and intellectual property rights, to the website and materials published on the website,
17.2.6. refrain from transferring third-party data, including personal data.
18. COMPLAINTS
18.1. In matters related to the provision of Electronic Services, the User has the right to file a complaint.
18.2. The Service Provider is responsible to the User for the compliance of the digital content provided as part of the Newsletter or Workshop or Ebook, in accordance with Chapter 5b of the Polish Law on Consumer Rights (Article 43a-43g). If the digital content is inconsistent with the Website Terms of Use, the User may demand that the digital content be brought into compliance with the Website Terms of Use as part of a complaint. The Service Provider is liable for any non-compliance with the agreement that existed at the time of delivery of the digital content and became apparent within two years from that moment. A lack of compliance that becomes apparent within one year of the supply of digital content is
presumed to have existed at the time of its supply.
18.3. The complaintshould include at least the following information: (i) User’sfirst and last name, (ii) User’s e-mail address, (iii) description of circumstancesjustifying the complaint, (iv) User’s demand.
18.4. If the complaint does not contain the data indicated in point. 18.3 above, the Service Provider may request the User to complete the data. If the data is not completed, the complaint cannot be investigated by the Service Provider.
18.5. Complaints may be directed to the Service Provider’s address, i.e., VSF Sp. z o. o. with its registered office in Warsaw, Przeskok 2 Street, 00-032 Warsaw, marked as “Complaint,” or to the following e-mail address: websitemanagment@vuestorefront.io.
18.6. The Service Provider will recognize complaints within 14 days from its receipt. The Service Provider will inform about the method of processing the complaint corresponding to the practice of filing a complaint.
18.7. If the complaint is accepted, the Service Provider brings the digital content into compliance with the agreement within a reasonable time from the moment it was informed about the lack of compliance and without excessive inconvenience to the User. The Service Provider may refuse to bring the digital content into compliance with the agreement if it is impossible or would require excessive costs for the Service Provider.
18.8. If the digital content is inconsistent with the agreement, the User may submit a declaration of withdrawal from the agreement, under Section 15 if:
18.8.1. bringing the digital content into compliance with the agreement is impossible or requires excessive costs,
18.8.2. The Service Provider failed to make the digital content compliant with the agreement,
18.8.3. the non-compliance of the digital content with the agreement continues, even though the Service Provider has tried to bring it into compliance with the agreement,
18.8.4. the lack of compliance of the digital content with the agreement is so significant that it justifies withdrawal from the agreement without prior application of the security
measure specified in point 18.2. sentence 2 of the Website Terms of Use,
18.8.5. it is clear from the Service Provider's statement or circumstances that the Service Provider will not bring the digital content into compliance with the agreement within a reasonable time or without excessive inconvenience to the User.
19. INTELLECTUAL PROPERTY RIGHTS
19.1. All rights to the Website and the digital content provided as part of the Electronic Services, belong to the Service Provider. Such content may constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights or constitute registered trademarks and are subject to legal protection.
19.2. The Service Provider grants the User a non-exclusive, territorially unlimited and non-transferable license, without the right to grant sublicenses to use the digital content, for an
indefinite period of time.
19.3. The User is authorized to use the digital content and other materials provided by the Service Provider exclusively for their own use, for educational purposes only, for the entire duration of the license, in the following fields of use:
19.3.1. storage of digital content by digital technique on the User's device,
19.3.2. printing of digital content available in written form.
19.4. The following are prohibited:
19.4.1. fixation, recording, or other forms of copying of digital content,
19.4.2. presentation and sharing of digital content with third parties,
19.4.3. selling, renting, or lending digital content to third parties.
20. FINAL PROVISIONS
20.1. The Service Provider is entitled to make changes to the Website Terms of Use for important reasons, in particular in the case of changes in the conditions of the provision of Electronic Services, suspension of the provision of Electronic Services, or their liquidation in whole or in part, as well as in the case of changes in legal regulations in the scope influencing the realization of the provisions of the Website Terms of Use.
20.2. In the case of non-continuous Electronic Services, the change in the Website Terms of Use is effective from the moment of their publication on the Website.
20.3. In the case of continuous Electronic Services, e.g. Newsletter and Online Academy, the amendment of the Website Terms of Use shall come into force after 14 days from the
moment of informing the User about the changes and making the amended Website Terms of Use available. If the User does not accept the changes to this Website Terms, the User
should immediately, no later than 14 days from the date of announcement of the changes, terminate the Electronic Services Agreement in accordance with Website Terms of Use.
20.4. If the change of digital content significantly or negatively affects the User's access to digital content, the Service Provider will inform the User in advance on a durable medium about the type and date of the change. In this case, the User will be able to terminate the Electronic Services Agreements without notice within 30 days from the date of the change or notification of the change, if the notification was later than the change.
20.5. The laws of Poland shall govern the obligations arising from these Website Terms of Use, and the applicable Polish ordinary courts shall settle any disputes.
20.6. In matters not regulated by these Website Terms of Use, provisions of Polish law shall apply, in particular the Act on Consumer Rights and requirements of the Civil Code.
20.7. The User who is a consumer, may use the out-of-court complaint and redress procedures. Disputes regarding agreements concluded via the Internet may be resolved through
mediation proceedings before the Provincial Inspectorates of Trade Inspection orthrough an arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use other out-of-court dispute resolution methods and, e.g., file his/her complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
20.8. The Website Terms of Use shall enter into force on May 3rd 2024.