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Terms of Use Mudita Pioneer Club

Clause 1 Definitions For the purposes of these Terms of Use, the following terms shall mean as follows:

  1. Mudita Pioneer Club Badge - a Forum badge indicating that a particular Forum user is a member of the Mudita Pioneer Club. The authorised user decides whether to use this option.

  2. MPC Products - a list of products indicated by Mudita, the possession of which entitles you to become a member of the Mudita Pioneer Club.Any change/update to the list of MPC Products shall not affect your status as a member of the Mudita Pioneer Club.

  3. Terms of Use - these terms of use available at www.mudita.com/pioneer-club.

  4. Forum - the online forum available at www.forum.mudita.com hosted by Mudita.

  5. Newsletter - an e-mail newsletter sent periodically by Mudita concerning Mudita and/or Mindful Technology.

  6. Mudita Pioneer Club User Newsletter - an email newsletter sent periodically by Mudita exclusively to Mudita Pioneer Club Users concerning Mudita and/or Mindful Technology. Mudita Pioneer Club - gratuitous services provided by Mudita to Mudita Pioneer Club Users whereby Mudita: (a) makes it possible to use the locked Forum section at www.forum.mudita.com/c/pioneer-club/, (b) makes it possible to use the Mudita Pioneer Club Badge (c) provides the Newsletter, (d) provides the Mudita Pioneer Club Newsletter, (e) makes it possible to participate in online meetings (live) with the Mudita team members organised periodically to exchange knowledge and opinions on the Mindful Technology, to share and discuss unique news about Mudita's product development and market plans and activities, (f) makes it possible to take advantage of special offers on Mudita products exclusively for Mudita Pioneer Club Users, the terms of which will be determined by Mudita and published on www.forum.mudita.com/c/pioneer-club/ and in the Mudita Pioneer Club Newsletter.

  7. Privacy Policy - Mudita's rules for the processing and protection of personal data available at mudita.com/legal/privacy-policy/.

  8. Mudita - Mudita sp. z o.o. with its registered office in Warsaw (02-607) at ul. Jana Czeczota 6, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court of Warsaw in Warsaw, 13th Economic Division of the National Court Register, under No KRS: 0000467620, Tax No: 5252558282, REGON No: 146767613, share capital of PLN 1 040 000.00, e-mail: support@mudita.com.

  9. Mudita Pioneer Club User – a person who is at least 16 years of age and who is a member of the Mudita Pioneer Club under the terms and conditions set forth herein.

Clause 2 Signing Up

  1. In order to sign up as the Mudita Pioneer Club User, it is necessary to:

    1. purchase one of the MPC Products at store.mudita.com or have a product purchased through this store as a means of obtaining such status;

    2. sign up at www.forum.mudita.com or have an account at www.forum.mudita.com with the same email address used to purchase the MPC Product at www.store.mudita.com;

    3. subscribe to the Newsletter which can be subscribed to at www.mudita.com, to the same email address with which the MPC Product was purchased at www.store.mudita.com.

  2. In order to participate in online meetings, not later than before the first meeting, it shall be necessary to accept the online meeting terms and conditions.

  3. As regards the use of special offers on the Mudita products intended exclusively for the Mudita Pioneer Club Users, it shall be necessary, each time they are purchased, to accept the Mudita online store terms of sale available at https://mudita.com/pl/legal/terms-of-sale/.

  4. Mudita reserves the right to verify whether the person who signs up complies with the terms of use set forth in section 1 above in order to determine whether they are true, in particular by means of an online video meeting and by providing additional explanations upon Mudita's request.

  5. If the verification is unsuccessful or if there is a refusal/non-participation in the verification, Mudita shall have the right to refuse the signing up. If the aforesaid data are deemed untrue or out of date after signing up, Mudita shall have the right to terminate the Agreement without notice.

  6. For the online verification meeting, Mudita shall propose at least three (3) dates in the email correspondence by Mudita, each of which will be for a different day of the week and a different time of day, and at least one of these dates will be on a public holiday.

  7. One Mudita Pioneer Club User who owns multiple products from the MPC Products list may sign up for the Mudita Pioneer Club only once and with one email address.

  8. Once the terms and conditions for joining the Mudita Pioneer Club as set forth in section 1 have been met, the Mudita Pioneer Club User shall receive within 24 hours the confirmation of joining the Mudita Pioneer Club sent to the email address provided by the User when purchasing the MPC Product and subscribing to the Newsletter.In order to secure the User's access to the services, the User shall log in to the locked Forum section at www.forum.mudita.com/c/pioneer-club/ with the password established by the User when signing up for www.forum.mudita.com.

  9. The Mudita Pioneer Club User shall not be entitled to share his or her login or password for the account on www.forum.mudita.com with any third party. The sharing of the login and/or password by the Mudita Pioneer Club User with any unauthorised third party shall be considered a gross violation of the Terms of Use.

Clause 3 Agreement

The Mudita Pioneer Club membership agreement shall be concluded each time the terms and conditions for joining the Mudita Pioneer Club are observed (i.e. a person joining the Mudita Pioneer Club receives the confirmation of signing up by Mudita). The agreement shall be made for an indefinite duration.

Clause 4 Termination of Membership and Agreement Termination

  1. Mudita shall have the right to block the Mudita Pioneer Club User's access in the event the Mudita Pioneer Club User acts to the detriment of Mudita or other Mudita Pioneer Club Users, if the Mudita Pioneer Club User violates the law or these Terms of Use, and if blocking access to the Mudita Pioneer Club is justified for security reasons, in particular a breach of security or other “hacking” activities by the Mudita Pioneer Club User. The blocking of access to the Mudita Pioneer Club for the aforesaid reasons shall continue for the period necessary to resolve the issue giving rise to the blocking of access to the Mudita Pioneer Club.

  2. The Mudita Pioneer Club User may terminate his or her membership in the Mudita Pioneer Club at any time in any form by sending a statement to the Mudita contact details set out in the Definitions section of these Terms of Use.

  3. Notwithstanding any other provision of the Terms of Use, Mudita may terminate the membership agreement in the Mudita Pioneer Club upon 14 days' notice, effective at the end of a month, in the event that it decides to terminate the operation of the Mudita Pioneer Club.

  4. The Mudita Pioneer Club User shall cease to be the Mudita Pioneer Club User when:

    1. he or she returns a product from the list of MPC Products under which he or she has become the Mudita Pioneer Club User;

    2. he or she unsubscribes from the Newsletter or withdraw his or her consent to its transmission;

    3. he or she deletes his or her account on www.forum.mudita.com, under which he or she joined the Mudita Pioneer Club, or withdraws his or her acceptance of the Privacy Policy;

    4. another person proves to be the owner of the MPC Product under which the Mudita Pioneer Club User has become the Mudita Pioneer Club User, and the Mudita Pioneer Club User is unable to prove ownership of the relevant MPC Product. The verification shall take place during an online meeting, to which the Mudita Pioneer Club User will be able to log in using the email address used to log in to www.forum.mudita.com.

Clause 5 Complaints

  1. All complaints regarding the operation shall describe the complaint, its reasons, and details identifying the Mudita Pioneer Club User who makes the complaint. Such complaints may in particular be submitted by e-mail to support@mudita.com.

  2. Any complaint made by the Mudita Pioneer Club User shall include the following information:

    1. full name of the Mudita Pioneer Club User, Company (name) of the Mudita Pioneer Club User;

    2. e-mail;

    3. complaint grounds;

    4. scope of the request of the Mudita Pioneer Club User who makes the complaint.

  3. If the information provided in the complaint needs to be supplemented, Mudita shall request the User who makes the complaint to supplement the information before considering the complaint.

  4. Mudita shall consider the complaint within fourteen (14) days from its receipt in the correct manner (section 1) and meeting the requirements set forth in section 2. If the complaint needs to be supplemented, the time limit shall be calculated from the date of delivery of the supplemented complaint.

  5. A response to the complaint, including the way in which it has been processed, shall only be sent to the email address provided by the Mudita Pioneer Club User. In particularly justified cases, including at the express request of the Mudita Pioneer Club User, Mudita shall send a response to the complaint to another e-mail address indicated by the Mudita Pioneer Club User or in writing to the mailing address indicated by the Mudita Pioneer Club User. A response to the complaint including the way in which it has been processed may also be provided by Mudita or a Mudita representative directly to the Mudita Pioneer Club User by phone.

  6. Within fourteen (14) days of Mudita's response to the complaint, the Mudita Pioneer Club User shall indicate whether he or she accepts the proposal to handle this complaint. If the Mudita Pioneer Club User fails to meet this time limit, Mudita shall have the right to consider the complaint procedure as completed and to accept the response given to the complaint as final.

  7. In the event that the Mudita Pioneer Club User fails to accept the proposal to handle the complaint referred to in section 2, and the Mudita Pioneer Club User provides the reasons for the refusal of such acceptance within the period specified therein, Mudita shall reconsider the complaint within seven (7) days. Mudita's response to the complaint after this deadline shall be final.

Clause 6 Confidentiality The Mudita Pioneer Club User shall keep confidential from any third parties any information marked as Confidential (in any form) which comes into their possession in connection with their use of the Mudita Pioneer Club.

Clause 7 Final Provisions

  1. Mudita has the right to amend the Terms of Use. The Terms of Use in force on the date of conclusion of the agreement shall apply to any agreements made before the amendment to the Terms of Use. 

  2. Mudita Pioneer Club Users shall be notified of any amendment to the Terms of Use by email to the email address assigned to their account at www.forum.mudita.com.If the Mudita Pioneer Club User fails to approve new Terms of Use, he or she shall have the right to terminate his or her account agreement at any time by deleting his or her account or by providing Mudita with an appropriate notice, in any form, of termination of his or her account agreement.

  3. The Mudita Pioneer Club User shall be notified of the amendment to the Terms of Use by Mudita at least one (1) month before the amendment is implemented. The amendment to the Terms of Use shall apply to the Mudita Pioneer Club User, if he or she continues to use Mudita Pioneer Club following the effective date of the amendment to the Terms of Use.

  4. The following shall not constitute an amendment to the Terms of Uses: a change to the contact details of Mudita contained herein or a change to the Mudita details resulting from a change in the legal form of its business.

  5. Any matters not regulated herein shall be governed by the relevant provisions of Polish law.

  6. Any disputes arising out of these Terms of Use or the Agreement shall be resolved under Polish law.

  7. These Terms of Use shall become effective on 20 March 2023.