Regulations governing the provision of services
by electronic means on MyLegalStore portal
Chapter I
General Provisions
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Subject-Matter
These Regulations lay down:
- types, scope and conditions of providing services to the User through the website available at www.mylegalstore.com
- technical conditions of providing services by the Service Provider through the Portal, including technical requirements ensuring compatibility of the User’s end device with ICT system of the Service Provider;
- complaint procedure.
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Definitions
- Any reference in these Regulations to:
- Business Day – means any weekday from Monday to Friday except for public holidays as set out in the Public Holiday Act of 18 January 1951;
- Service Provider – means MY LEGAL SOLUTIONS spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (address: ul. Hrubieszowska 2, 01-209 Warsaw), entered in the business register of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division with number 0000242123, NIP: 5252342010, and the share capital of PLN 50,000.00;
- Ready-Made Company – means a limited liability company within the meaning of the Commercial Companies Code, duly established and registered in the business register of the National Court Register, with NIP and REGON numbers assigned, and fully paid-up share capital in the amount of PLN 5,000.00, used partially for activities related to its establishment, which has never run a business, has not employed employees and has no obligations (blank card guarantee) and in which all shares belong to the Service Provider;
- CC – means the Civil Code of 23 April 1964;
- CCC – means the Commercial Companies Code of 15 September 2000;
- User Account – a set of resources kept for the User by the Service Provider under a unique name (login), in which the User’s data and information about the User’s activities within the Portal are collected;
- Portal – an on-line, open platform operated by the Service Provider on the terms set out in the Regulations, available at mylegalstore.com;
- Regulations – means these regulations;
- GDPR – means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
- Force Majeure – means any extraordinary events or circumstances such as wars, acts of terrorism, lock-outs, embargos, natural disasters, power or Internet cuts whose impact on the performance of the Agreement the Parties could not have predicted on its conclusion;
- Parties – mean the Service Provider and the User;
- Document Template – means a template of a legal document in Polish or English made available by the Service Provider on the Portal;
- Services – mean services provided through the Portal;
- the Act – means the Act on Providing Electronic Services of 18 July 2002;
- AML Act – means the Act on Counteracting Money Laundering and Terrorist Financing of 1 March 2018;
- User – means a natural person using the Portal.
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Interpretation
- References to generally binding legislative acts are references to the current wording of such acts unless relevant transitional provisions prescribe to apply other than the current wording of those provisions to a given state of facts. References made herein to the repealed acts shall be construed, in the sequence indicated below, as references to:
- legislative act which directly replaced the repealed legislative act, in particular to a legislative act whose provisions repealed the hitherto binding legislative act (including its implementing provisions unless they were passed as a separate law);
- legislative act closest in scope to the repealed legislative act;
- provisions of other legislative acts closest in scope to provisions of the repealed legislative act, to general principles of law, generally acceptable customs and principles of community life;
- Unless the context otherwise requires, any reference to the singular includes the plural and vice versa.
- References to each successive Service Provider or User are references to their legal successor(s).
- Headings used in these Regulations may be used as a guidance for interpretation of their provisions only when the wording of the Regulations does not provide clear and conclusive interpretation and only to the extent which does not violate the general nature of the rights and obligations of the Parties resulting from these Regulations.
Chapter II
Terms of services
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Types of services provided
- The Service Provider provides the User electronically with the following Services:
- Document Template Service,
- Inquiry Service.
- The Document Template Service enables the User to obtain a draft of a specific document of a legal nature (contract, agreement, regulations, etc.). The description and detailed rules for the provision of the Document Template Service are set out in Chapter III of these Regulations. The Document Template Service in its basic option is provided free of charge, and in the extended options for a fee.
- The Inquiry Service enables the User to send the Service Provider an inquiry about the possibility of purchasing a Ready-Made Company or other services specified on the Portal. The description and detailed rules for the provision of this Service are set out in Chapter IV of these Regulations. This Service does not require any payments to the Service Provider.
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Terms of Portal use
- It is required to read and accept these Regulations to use the Portal.
- Users of the Portal may register and create a User Account.
- Using the Document Template Service requires the creation of a User Account, while the use of the Inquiry Service does not require a registration and is possible without having a User Account.
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User account
- The creation of a User Account requires registration on the Portal.
- Registration in the Portal is free.
- To complete the registration process you should:
- complete registration form available on the Portal with the following data:
- user name and surname;
- name of company represented by user (optionally);
- user telephone number;
- user e-mail address;
- read the Regulations and accept them by ticking the appropriate box in the registration form;
- enter the completed form to the system by pressing Register button, and
- validate the registration by going to the website, a link to which will be sent to e-mail address of the person completing the registration form.
- complete registration form available on the Portal with the following data:
- The User is obliged to provide true data in the registration form, and registration is possible only for adults with full legal capacity. Fulfilment of these conditions is confirmed by the User by ticking the appropriate box in the registration form.
- By registering with the Portal, the User agrees to comply with all provisions of these Regulations and their annexes, and the creation of a User Account is tantamount to User’s acceptance of the Regulations.
- The e-mail address provided in the registration form is the login to the User Account.
- The User is obliged to keep the password to the User Account secret and not to disclose it to third parties. For security reasons, it is recommended to use passwords containing at least 8 characters, including uppercase and lowercase letters, numbers and special characters, and change password every 30 days. The Service Provider is not liable for actions of a third party who logged into the Portal with login and password of the User. In this case, the User is fully responsible for the actions performed using their User Account.
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Deleting User Account
- The User may resign from using the Portal at any time by deleting the User Account.
- The Service Provider has the right to delete the User Account without prior notice if:
- data provided by the User in the registration form is false;
- the Service Provider has reasonable suspicion that data provided by the User in the registration form is false;
- the User has violated the provisions of the Regulations.
- The Service Provider will notify the User about the removal of the User Account by e-mail to the address provided in the registration form.
Chapter III
Document template
- The Document Template Service can only be used by Users with an active User Account who logged into the Portal using the login and password associated with their User Account.
- The Document Template Service is available in PRINT, EDIT or SUBSCRIBE option.
- PRINT option enables the User to download the selected Document Template in a printable version, in PDF format, without possibility to edit the document before printing.
- EDIT option enables the User to download the selected Document Template, the content of which will be in editable version, in RTF format.
- SUBSCRIBE Option allows unlimited use of the EDIT Option for the duration of the subscription.
- The available language version of a specific Document Template is indicated on the Portal.
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Terms of service
- The use of the Document Template Service requires the User to take the following steps:
- logging into the Portal;
- selecting a specific Document Template from the list of available templates;
- selecting Option (Print, Edit, Subscribe);
- providing additional information (applies to Edit and Subscribe options) or resignation from providing this information;
- declaration if the User uses the Document Template Service as a consumer, and in the case of making a declaration of acting as a consumer – consent to provision of the service before the deadline to withdraw from the contract in accordance with the Act on Consumer Rights of 30 May 2014 (Dz.U. of 2020, item 827, as amended), which will be tantamount to the loss of right to withdraw from the contract;
- approving the completed form and placing an order;
- effecting the payment (if applicable).
- After the User has taken all the steps referred to in paragraph 1) above, the Document Template Service is performed by providing the User with the possibility of downloading the Document Template in a non-editable or editable version (depending on the selected option) for the entire time the User Account remains active.
- Cost of Document Template Service in the appropriate option and the available subscription periods under SUBSCRIBE Option are indicated on the Portal.
- Payments are made through the website indicated on the Portal. The moment of payment is considered to be a positive result of authorization by the payment service provider.
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Document Templates
- Document Templates are legal documents in the field of civil, labour or administrative law.
- The Service Provider ensures compliance of a given Document Template with the law in force in the territory of the country where the Document Template Service is provided, as at the date of verification of a given document indicated in each document. The Service Provider is not liable for non-compliance of any Document Template with the law that came into force after verification date, as well as in the event when after verification date there has been a change in the interpretation of law.
- The Service Provider shall not bear any liability if the User modifies the content of the Document Template.
- After the Service Provider has generated the Document Template and the User has download it, the User obtains the right to use the obtained Document Template for their own needs without any time or territorial restrictions, with reservation that the governing law of the document is Polish law, including the right to reproduce the Template Document using printing technology, and if the User has bought the Document Template in an editable version, also the right to modify it, with the exception of translation.
- Under no circumstances may the User be entitled to:
1) modify the Document Template bought only in non-editable version;
2) making the Document Template available to third parties for a fee or free of charge;
3) publishing the Document Template in any way,
4) translating the Document Template into any language.
Chapter IV
Inquiry Service
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Description and terms of service
- The Inquiry Service consists in enabling the User to send to the Service Provider an inquiry about buying a Ready-Made Company or providing the User with other services indicated on the Portal, including legal services.
- The Inquiry Services does not require registration in the Portal.
- Using the Inquiry Service requires:
1) providing by the User the User’s identification details required by the Portal;
2) consent to the processing by the Service Provider of the User’s personal data provided when sending an inquiry.
- Sending and inquiry is tantamount to an acceptance of the Regulations by the User.
- Sending an inquiry does not create any obligatory relationship between the User and the Service Provider. The Service Provider will make every effort to contact the User without undue delay. Usually, the Service Provider contacts the User within no more than 2 Business Days from the Provider’s receipt of the User’s inquiry.
- Further correspondence and other activities between the Service Provider and the User are not subject to the provisions of these Regulations and are subject to separate arrangements. The provisions of the Act do not apply either, as they do not have the nature of a service provided electronically.
- Carrying out the process of sale of a Ready-Made Company by the Service Provider for the User depends on the User’s fulfilment of all the requirements resulting from applicable law, in particular on the submission by the User of documents and information necessary for the Service Provider to assess the transaction in terms of compliance with provisions of the AML Act.
- Before sending the inquiry for a Ready-Made Company, the User may select the package of services it is interested in from among the packages specified on the Portal, the selection being only informative and does not create any rights or obligations on the part of the Service Provider or the User.
Chapter V
General provisions
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Obligations of the User
- The User is obliged to:
- comply with the provisions of the Regulations;
- closely cooperate with the Service Provider when the Service Provider performs the Services provided through the Portal, in particular when the Service Provider performs the Booking Agreement, the performance of which requires the User to answer all the Service Provider’s questions and to provide the Service Provider with any documents or information that the Service Provider may request;
- timely pay a service fee, without the right to set-off any amounts receivable from the Service Provider against the receivables of the Service Provider due for the services provided;
- release the Service Provider from any claims of third parties, including the Buyers and reimburse the Service Provider with any paid administrative fines or compensations, in particular on account of illegal processing by the Service Provider of personal data provided to it by the User, as long as such claims, fines and compensations result from circumstances for which the User or the Buyer is responsible.
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Obligations of the Service Provider
- The Service Provider is obliged to maintain the functionality of the Portal during the provision of the Services to the User. The Service Provider may introduce changes to the Portal which will not disturb the provision of Services to the User, in particular, those which do not result in the need to re-register.
- When performing the Services, the Service Provider shall exercise due care and diligence resulting from the nature of professional business activity it conducts.
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Liability
- The Service Provider shall not be liable for malfunctioning of the Portal due to reasons beyond its control, especially due to technical issues for which web hosting providers are responsible.
- The total liability of the Provider towards the User, whatever the reason, may not exceed the amount paid by the User as a fee for the service provided through the Portal, and if the service is provided free of charge – the amount of PLN 1.
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Force Majeure
- In the event of force majeure, the Parties shall exercise due diligence so that force majeure event does not prevent the fulfilment of mutual obligations of the Parties. However, if this proves impossible, none of the Parties shall be held liable for non-performance or improper performance of their obligation as a result of force majeure event whose impact on the obligation could not be withstood.
- Upon the cessation of force majeure, the Parties are again obliged to perform mutual obligations in accordance with the Regulations.
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Personal data protection
- In connection with the use of the Portal by the User, the Service Provider processes personal data of the User and the Buyer (Buyers), as well as natural persons acting on behalf of Buyers.
- The Service Provider is the controller of personal data indicated in paragraph 1. These data are provided to the Services Provider by the User. The User is the controller of Buyers’ personal data and is fully liable for legality of the processing of these data, in particular for legality of making it available to the Service Provider.
- Detailed rules for the protection of personal data processed in connection with the Portal can be found in the Portal’s Privacy Policy.
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Confidentiality and intellectual property rights
- The User undertakes to keep secret all confidential information and not to use it for their own needs. Moreover, the User undertakes and warrants that Buyers will also keep this information secret. Confidential information should be understood as any information relating to the business of the Service Provider or the Services provided by the Service Provider, including technical and organizational information, or other information of economic value, which as a whole or in a specific combination and set of its elements are not commonly known to persons usually dealing with this type of information or are not readily available to them.
- The User’s registration in the Portal and placing an order for any Services provided via the Portal does not mean that the User acquires any copyrights or related rights to any content posted in the Portal or made available to the User, except for cases specifically described in these Regulations.
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Technical conditions of Portal use
- The Portal may be used on personal computers with Windows system or mobile devices with Android or iOS system.
- The Portal may be accessed through one of the following web browsers:
- Mozilla,
- Chrome,
- Opera,
- Edge.
- Older versions of web browsers may display error messages. Due to this fact and also to improve security levels, we recommend that Users update their browsers to the latest version.
- When using the Portal, the User may not provide or otherwise use any illegal content.
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Complaint procedure
- If, in the judgment of the User, the Service Provider provides the Services improperly, the User is entitled to lodge a complaint with the Service Provider to e-mail address of the Service Provider set out in §20 of these Regulations.
- The complaint must specify:
- name and surname / business name of the complainer;
- User’s e-mail address;
- specification of complain.
- If data or information provided in the complaint need to be supplemented, the Service Provider, before considering the complaint, will ask the User to supplement them as requested.
- The Service Provider shall examine the properly submitted complaint within 30 days of its receipt. The answer will be sent to the User by e-mail to the address provided at registration or amended later in accordance with provisions of these Regulations.
- If the Service Provider fails to answer the complaint within 30 days, the complaint shall be deemed positively considered (does not apply to users who are not consumers).
- If the complaint has been rejected, the User or the Buyer may pursue their claims against the Services Provider in court.
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Final provisions
- Any correspondence to the Service Provider shall be sent to e-mail address: contact@mylegalstore.com. This does not apply to situations where original documents need to be delivered to the Service Provider. The Service Provider shall each time notify the User of the need to provide original copies of certain documents.
- The Service Provider may change the Regulations at any time. The changes apply only to the Services whose provision began after the change of Regulations.
- If any provisions of these Regulations are held invalid or ineffective, they shall be replaced by the general provisions of Polish law to the maximum extent similar in nature to ineffective or invalid provisions of these Regulations.
- Any disputes between the Service Provider and the User shall be resolved by common court competent for each successive seat of the Service Provider.
- In matters not regulated by these Regulations, the generally binding provisions of Polish law, in particular the Act and the Civil Code, shall apply.