Terms of use

Updated 23 Oct 2019

Terms of use applicable from 26/07/2019

1. General information

  1. These terms of use (these "terms") set forth the legally binding terms and conditions that govern your use of the service. Whether you create and utilize an account or not.
  2. Target10 reserves the right to change the prices of plans in the Service offer, introduce new plans to the Service, carry out and cancel promotional campaigns in the Service or make changes to them, in accordance with this terms. The introduced changes cannot affect the effectiveness and the way of executing orders placed earlier by the users.
  3. Target10.net is an online service helping competitors achieve their sport goals and improve sport performance and results.

2. Definitions

The following expressions used in the Terms have been assigned to the following meanings:

  1. Complaints: contact@target10.net
  2. Target10.net or Service - to be understood as an online service available at www.target10.net.
  3. Services – to be understood as services provided online by Target10.net to Users based on these Terms, consisting in improvement of sport performance and results.
  4. User - to be understood as a person who, by accepting the Terms and completing the registration procedure, gains access to the Services offered as a part of Target10.net, users may be a person over 18 years old with full legal capacity, legal entities and organizations without legal personality, but which may acquire rights and incur obligations on their own behalf. User can be a person over 13 years old but under 18 to the extent that they can acquire rights and incur obligations in accordance with the provisions of generally applicable law and subject to the rules provided for them, the content of which is represented as Attachment 1 to the Terms.
  5. Account - to be understood as the set of resources exiting in the Target10.net database under a unique name (username), in which the User's data and information about his activities in the Service are collected, confirming the fact of being a User, which results in:- the ability to access the Service after entering the login and password,- the option of modifying the data published as a part of the Account or deleting it,- the ability to modify the Account settings.
  6. Consumer - person making a legal transaction with an entrepreneur not directly related to his business or professional activity.
  7. Payment - the method of payment by the User for the Services provided by Target10.net.
  8. Service Provider - Stanisław Klimaszewski running a business under the company Stanisław Klimaszewski UPWIND based in Giżycko, ul. Rolnicza 57, 11-500 Giżycko NIP: 8451919123; REGON: 281595082.

3. Conclusion of the contract, registration and account creation

  1. The contract for the provision of the Services is concluded when the User correctly completes the registration form and accepts the Terms.
  2. By sending the registration form, the User declares:
    • the data provided in it are complete and consistent with the facts,
    • is entitled to conclude a contract for the provision of the Services,
    • the data provided by him does not violate any rights of third parties,
    • has read the Terms and undertakes to comply with them.
  3. Target10.net, after receiving a correctly completed registration form, will create an Account for the Customer, with the name provided by the User.
  4. The User accepts the need to have a valid and active email address. This address is provided directly on the registration form. The User is obliged to monitor the inbox on current basis and in the event of an address change, immediately update this information in his account or via email - contact@target10.net
  5. The email address is associated with the User's account and will be used for all correspondence related to the provision of Services.
  6. Target10.net may refuse to create an account with a specific email address if it is already used as a part of Target10.net or if it has reasonable, credible information that it is against the law, decency, violates personal rights or legitimate interests of Target10.net.
  7. The User gains access to the Account using his email address and password. User is obliged not to disclose the password to any third party and bears sole responsibility for any damage caused as a result of its disclosure.

4. Terms of service provided by the service provider

  1. The technical requirements necessary to set up an Account and provide the Services via Target10.net:
    • internet connection,
    • internet browser: Safari 7.0 or newer, Chrome 37 or newer, Firefox 32 or newer,
    • browser cookies enabled,
    • browser JavaScript enabled.
  2. Target10.net reserve the rights that the use of the Service may be associated with a standard risk associated with the use of the Internet and recommends that Users take appropriate steps to minimize them.
  3. Target10.net undertakes to start providing services to the User no later than 24 hours from the creation of the Account. If the Account is created on a public holiday, then the provision of services will start no later than by the end of the first business day following it.
  4. Target10.net reserves the right to technical breaks in the functioning of the Service in accordance with point 5.2 and commits ourselves, if possible, to do technical breaks in the evening. In the event of a technical break lasting more than 24 hours, Target10.net will extend free access to the Service to all currently active Users by the time during which the technical break occurred.

5. Rights and obligations of the service provider and recipients

  1. Target10.net undertakes to provide services permanently and continuously.
  2. Target10.net reserved the right to:
    • temporary cessation of the Services due to maintenance or modification of the Service,
    • sending messages to Users' email addresses related to the functioning of the Service,
    • refusal to provide Services if the User provides an incorrect, false or temporary email address,
    • any modification of the Service, tools and method of website operation without prior notification of such intention,
    • any personalization of the content of information sent to Users.
  3. Target10.net reserves the right to discontinue the Services, delete all Users' data, transfer the rights to the Service to another entity, and take any other legally permitted service-related activities for which Users will not be entitled to any claims against Target10.net.
  4. The User has the right to edit the data provided by him related to the Services provided at any time.
  5. The User using the Service is obliged to refrain from:
    • publication of offensive, illegal or infringing content protected by third parties' personal rights,
    • use the Service to publish advertisements for goods and services and any information of a commercial nature,
    • copy, modify, distribute, transmit or otherwise use any of the works and databases provided in the Service.
    • taking any actions that may impede or disrupt the functioning of the Service and using it in a way that is burdensome for other Users,
    • use the Service in a manner contrary to the law, decency, violating the personal rights of third parties or the legitimate interests of the Service Provider.
  6. Target10.net reserves the right to:
    • blocking access to User's resources containing erotic, pornographic content, containing illegal software or information about its acquisition, and other content contrary to the law, decency or legitimate interests of the Service Provider, in the event of obtaining reliable, justified information on this subject,
    • removal from the Service a content made available by the User through it, if this content violates the provisions of these Terms.
  7. The User has the right to protect privacy in accordance with the Privacy Policy applied by Target10.net to each Service User.

6. Free trial period

  1. The User may start using the Service with a free trial ("Free trial") of the Target10.net. The free trial period is 14 days. Its purpose is to give ability to Users to try the Service for free.
  2. If the User has been offered a free trial period, the purpose of Target10.net is to offer the User the opportunity to use the free trial period once. Therefore, a User who has already activated a free trial period will not be able to take advantage of additional free trial periods. Target10.net reserves the right to assess eligibility for a free trial. Target10.net may restrict this right to prevent its abuse and / or breach of the Agreement. Target10.net reserves the right to reject or terminate the free trial period when it determines that the User is not entitled to it. The User may not combine the free trial period offer with other offers.

7. Terms of payment

  1. Services provided by Target10.net are payable to Users.
  2. Target10.net is not an Internet service provider. In order to use the Services, the User should gain access to a computer station or terminal device by means of which the Service can be used via the 3rd party Internet Providers.
  3. Payments are made on a monthly basis.
  4. The website supports electronic payments and payment by card.
  5. Payments are handled by Stripe Payments Europe, Ltd.
  6. By concluding a contract with the Service Provider and indicating a specific plan, the User agrees, on a monthly basis, that Stripe Payments Europe will charge from a credit card an amount corresponding to the value of the fee for the Service. The fee will be charged by Stripe Payments once a month for each user.

8. Responsibility

  1. Target10.net and the User are obliged to repair the damage suffered by the other party as a result of non-performance or improper performance of their obligations under the Terms, unless their non-performance or improper performance was a consequence of circumstances for which the party is not responsible.
  2. Target10.net, which has received an official notice or reliable message about the unlawful nature of the data provided by the User and has prevented access to this data, shall not be liable to that User for any damage caused.
  3. Target10.net is not responsible for any damages resulting from the cessation of services. Target10.net is also not responsible for damages resulting from the cessation of services and the removal of a User Account in breach of the Terms.
  4. Target10.net is not responsible for:
    • any damages caused to third parties, resulting from the Users using the Service in a manner contrary to the Terms or legal provisions,
    • for content made available by Users via the Service, which content violates the law or the rights of third parties protected by law,
    • information and materials downloaded, posted in the Service or sent via the Internet by Users,
    • Users' loss of data caused by external factors (e.g. equipment failure) or other circumstances independent of Target10.net (third party actions),
    • damages resulting from the lack of continuity in the provision of Service, resulting from circumstances for which Target10.net is not responsible (force majeure, acts and omissions of third parties, etc),
    • providing false or incomplete information by Users when registering an Account,
    • non-compliance by Users with the conditions of the Terms.

9. Complaint procedure

  1. The Service recipients have the right to lodge complaints in matters related to the implementation of the Service.
  2. Complaints will be reviewed by Target10.net.
  3. A correctly submitted complaint should contain at least the following data:
    • User's designation (name, surname, email address),
    • subject of the complaint,
    • circumstances justifying the complaint.
  4. If the Complaint does not contain the information necessary to consider it, the Service Provider will ask the person submitting the Complaint to supplement it to the extent necessary, and the 14-day period shall run from the date of delivery of the completed Complaint. Complaints should be submitted to the Complaint Address.
  5. Target10.net will endeavor to process complaints within 14 days of receipt from the User at the latest. The User shall immediately notify the User about his decision made as a result of consideration of the complaint via email to the address provided in the complaint.
  6. The Service Provider may contact the User in the form of:
    • in writing to the correspondence address provided by the User,
    • electronic to the email address provided by the User,
    • by phone to the telephone number indicated by the User.
  7. The User has the right to appeal against a decision taken by the Service Provider as part of a Complaint (Appeal). The provisions of this chapter shall apply accordingly.

10. Termination of the contract

  1. The contract for the provision of electronic services may be terminated by either party.
  2. The User has the right to terminate the contract for the provision of Service by electronic means by self-deleting his Account.
  3. Target10.net has the right to terminate the contract for the provision of electronic services and delete the User's account in the following cases:
    • violation by the User of important provisions of the Terms,
    • the Service Provider receives reasonable, credible information that the account name is contrary to the law, decency, violates personal rights of third parties or legitimate interests of the Service Provider,
    • placing by the User content inconsistent with applicable law,
    • the User using the Service contrary to its purpose,
    • deletion by the User of the email account that was used to set up the account.
  4. Target10.net will inform the User about the termination of the contract (if there is such a technical possibility) immediately after deleting the account.
  5. Target10.net reserves the right to refuse to provide Service to the User and delete his account, if it was set up again after the removal resulting from a violation of the Terms.

11. Final provisions

  1. The Regulations enter into force on July 26, 2019.
  2. Target10.net has the right to unilaterally amend the Terms. Amendments to the Terms enter into force 7 days after placing the amended Terms in the Service. About the amendment to the Terms, Target10.net will notify Users by publishing relevant information in the Service.
  3. In the case referred to point 2 of this section, the User has the right to terminate the contract for the provision of electronic services immediately after obtaining information about a change in the Terms. If he does not do this, it is assumed that the User has accepted the amended Terms.
  4. Terms of use and contracts for the provision of electronic services are subject to Polish law.
  5. The law applicable to the contract between the User and the Website, the subject of which the Service is provided by the Service Provider as part of the Service under the conditions set out in the Terms, is Polish law. All disputes related to services rendered by will be settled by competent Polish common courts. A user who is a consumer has the option of using an out-of-court dispute resolution and redress procedure before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Olsztyn. Information on how to access the above mentioned procedures and procedures for resolving disputes can be found at the following address: http://www.uokik.gov.pl, in the tab "Settlement of consumer disputes". The user who is a consumer also has the option of using the EU ODR internet platform, available at the following address: http://ec.europa.eu/consumers/odr/. In matters not covered in the Terms, the provisions of the Act on the provision of electronic services, the Act on the protection of personal data, the Civil Code and other mandatory provisions of law shall apply.
  6. Detailed information on the protection of personal data can be found in the Privacy Policy available at https://target10.net/privacy-policy.
  7. If any provision of the Terms is declared invalid by a final court decision, the remaining provisions shall remain in force.

Attachment 1

A person over 13 years old but under 18 years old can be a User, in order to register in the Service should complete the appropriate form with the consent of parents or legal guardians. During Registration, the User referred to in the previous sentence declares that he concludes contracts in the Service with the consent of the legal guardian. The User or person who is required by the law or contract to supervise him, is responsible for the User's actions in the Service, in particular they bear full liability for damages towards the Service Provider. Restrictions regarding those, referred in this Attachment 1, will be lifted automatically - upon reaching the age of 18 by the User, or upon a documented request of the User - after reaching the age of majority in other cases provided for by law.

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