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Terms of Use

Last updated on October 13, 2022

The following Terms of Use (these “Terms”, “Terms of Use”), govern your (Client or Service Provider) access to and use of Otomistrz Platform (the “Platform”, “Otomistrz”), including any content, functionality and Services offered on or through site https://oto-mistrz.pl/ (the “Site”) by Unitra Ltd. (registered address: 25 Martiou, 27, D. Michael Tower, Flat/Office 105 A, Egkomi, 2408, Nicosia, Cyprus, as applicable (referred herein as “Unitra”, “We”, “Our”, “Ours” or “Us” “Otomistrz”).

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree, on behalf of yourself to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

By using this Platform, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

If You have any questions related to Your use of our Platform, please contact Us at the following email: [email protected] or using the form “Contact us”.

1. Definitions

“Advertisement” shall mean an advertisement posted by Service Provider on the Platform through Otomistrz Account to promote his/her Services among Clients.
“Clients” – are individuals and/or businesses seeking to obtain short-term and/or long-term services from Service Providers and using our Platform without registration.
“Services Providers” – are businesses and/or individuals seeking to perform Services for Clients.
“Services” – shall mean the services/works which are indicated in Advertisements on Platform that Service Providers agree to perform for Client based on the mutual agreement between each other.
Subscription Fees” shall mean the amount of money payable by Service Providers to Us for using the Platform according to the pricing page on our Platform: https://wykonawcy.oto-mistrz.pl/
“Otomistrz Account”, “Account” shall mean online Otomistrz account for using Otomistrz Platform which allows Service Provider to post Advertisements and promote their Services at the Platform.
“Otomistrz Platform” is a web-based communications platform available on the Site https://oto-mistrz.pl/, which enables connections between Clients and Service Providers.
“Subscription Tariff” shall mean paid period of time during which You has full access to Otomistrz Platform as a Service Provider.
“Payment Information” shall means the Service Provider’s information which could be reasonably used to purchase a Subscription Tariff accordingly to this Terms of Use, which includes information contained on a Service Provider’s payment card details, name of card holder, address and Zip code.
“Personal Data” shall mean certain information that identifies You, as a specific individual or can be used to contact or identify You.
“Site” shall mean our website at: https://oto-mistrz.pl/
“Privacy Settings” shall mean privacy settings section in Otomistrz Account, where Service Provider may realize all his/her privacy rights accordingly to GDPR.
“Means of direct contact” shall mean an information that would let someone get in touch with you directly (or find the information to do that) so you can bypass our Platform. For example, phone numbers, email and physical addresses, social media accounts, and personal websites with contact information are means of direct contact.
 “Communication of Services” shall mean the process of transmitting the information between Clients and Service Providers as to Performance of Services done by means of direct contact.
“Performance”, “Performance of Services” shall mean direct provision of services by the Service Providers to Clients in accordance with mutual arrangement between each other.

2. Introduction

Otomistrz’s Platform is a web-based communications platform available on the Site https://oto-mistrz.pl/, which enables connections between Clients and Service Providers by means of direct contact.

Service Providers are independent business owners or individuals. Service Providers are independent contractors and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Otomistrz Platform.

3. Registration on the Platform

1) Platform for Service Providers

We have only registration form for Service Providers, who want to use our Platform to promote their Services and to find Clients. And if you would like to become a Service Provider you should register in Service Provider registration form.

We have two steps of the registration after which you will receive full access to the Otomistrz Account.

1. During the registration we will ask you to provide us with your Personal data by filling the information in registration form. You will be asked to fill all mandatory fields with Your Personal Data. After you submit your request to register you as Service Provider, you will receive the confirmation code on the provided phone number to identify You. After clicking “Confirm Code” you will be able to log in into account and continue the registration procedure.

Please note, by registering on the Platform, You will be asked to accept and/or agree to our Terms of Use and Privacy Policy. If you do not agree with (or cannot comply with) this Terms of Use and Privacy Policy, then you may not use our Platform.

2. After confirming the phone number by confirmation code, you will be able to access the Platform and log in into Otomistrz Account and continue your registration. You will be asked to choose your Subscription Tariff and fill all additional fields with Your Personal Data in “Settings” section in your Account. Please note only after indication all the required information, choice of Subscription Tariff and verification of your phone number and email You will receive full access to Your Otomistrz Account on the Platform.

In order to place your Advertisement you will need to click “Submit Ad” at the bottom corner of Your Otomistrz Account or by choosing Ads Section. You will be asked to fill mandatory and optional fields with Your Personal Data regarding Your Advertisement before submitting.

In consideration of your use of the Platform, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service Provider’s registration form and (b) maintain and promptly update the Service Provider Data to keep it true, accurate and complete.

If you provide any information that is misleading, untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is misleading, untrue, inaccurate or incomplete, we have the right to suspend or terminate your account without refunding subscription fee and refuse any future use of the Platform (or any portion thereof).

You are responsible for all content that you transmit or otherwise make available to our Platform. Please note that it’s forbidden to post any inappropriate content like fake information, any offences, spam, etc., and we have the right to delate such Advertisement.

Your access to and use of this Platform may be monitored, edited or delated by Otomistrz, including but not limited to, for the purpose of identifying illegal or unauthorized activities.

Bear in mind that You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. It is forbidden to transfer your Otomistrz Account or user ID to another party without our consent. You agree to immediately notify us of any unauthorized use of your password or account and of any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

All personally identifiable information collected from You is governed by our Privacy Policy.

2) Platform for Clients

If you would like to become a Client, you may use our Platform to find Service Providers directly who may perform required Services. To become a Client you do not need to register Account on our Platform.

Contacting our Service Providers directly you are solely responsible for all negotiations between you and Service Provider. Unitra is not responsible for the performance or communications of between Clients and Service Providers, nor does we have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Service Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions/omissions or of any ratings or reviews provided by Clients with respect to each other.

Please note that by using our Platform You agree with this Terms of Use and our Privacy Policy. If You do not agree with (or cannot comply with) this Terms of Use and Privacy Policy, then You may not use our Platform.

To learn more about the collection, storage and transfer of your Personal data, please read our Privacy Policy.

You are solely responsible for all activity in connection with access to the Platform, and for the security of your computer systems, and in no event shall we be liable for any loss or damages relating to such activity.

4. Representations and Warranties

All Clients represent and warrant that:

  • You are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts;
  • You have the right, authority and capacity to enter into this Terms and to be bound by the terms and conditions of this Terms;
  • You have read, understand, and agree to be bound by these Terms and the Privacy Policy, and applicable law to the country where the Service is performed;
  • When using or accessing the Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
  • Where you enter into this Terms on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Terms.

All Service Providers represent and warrant that:

  • When accessing the Platform, you are operating as an individual, sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
  • You have all business licenses or business tax registration as required in the jurisdiction in which you will be performing Services;
  • You have any and all insurance required to operate your business and provide your services;
  • You will perform the Service(s) as agreed upon with your Client; and providing timely, high-quality Services to your Clients;
  • You will only offer and provide Services for which you have the necessary skills and expertise and provide those services safely and in accordance with all applicable laws.
  • You operate as independent Service Providers and are customarily engaged in an independently established business of the same nature as that involved in the Services performed for Clients through the Platform.
  • Service Providers provide Services under their own name or business name, and not under Otomistrz’ name.
  • You provide your own tools and supplies to perform Services. You are free to accept or reject Clients and contracts. You can set your own rates for works and services performed.
  • You are fully responsible for exercising your own business judgment in choosing Clients and spending your tokens on the Platforms as well as in entering into Service Agreements and performing Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
  • You are fully responsible to the Clients for all the provided Services, its quality and completeness and timeliness.

Otomistrz represents and warrants that:

  • We are operating as a web-based communications platform that connects Clients with Service Providers who wish to perform Services. We do not perform any Services and does not employ individuals to perform Services.
  • We are not responsible for the performance or communications of Clients and Service Providers, nor does we have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Service Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions/omissions, or of any ratings or reviews provided by Users with respect to each other.
  • We make no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or provided by, or the communications of or between, Clients identified through the Platform, whether in public or private, via on- or off-line interactions.
  • We do not supervise, scope, direct, control or monitor a Service Provider’s work and bears no responsibility for the Services performed, including but not limited to a warranty or condition of quality of Services performed or fitness for a particular purpose, as well as compliance with any law.
  • We are not an employment agency service or business and not an employer of any Service Provider.
  • We take no responsibility in case Clients refuse to make payment for Services provided by Service Providers. We are not obligated to compensate Service Provider for Client’s failure to pay for Service. We are not obligated to compensate fees or provide services the Client if Service Provider’s failure to perform the Service.
  • We take no responsibility in case you could not reach a Client or a Service Provider by the means of direct contact or in case Client or a Service Provider refuse to order/provide services. 
  • We are not liable for any damages of any kind arising from performance or failure to perform the Services by Service Providers to Clients or failure of communications of Clients and Service Providers or from any information, content or materials made available to You by Service Providers or Clients.

5. Contract between Clients and Service Providers

You acknowledge and agree that a legally binding contract (the “Service Agreement”) between You as a Client and Service Provider is formed when you directly agree on the terms of required Services between each other.

Otomistrz is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Client and the Service Provider. Otomistrz’s role is limited to enabling connections between Clients and Service Providers via its web-based communications Platform.

6. Fees, Payments and Trial Periods

1) Payments between Clients and Service Providers

Payment for Service(s) provided by the Service provider for the Client is made directly from the Client to the Service Provider in accordance with the payment procedure and details specified in the Service Agreement or their mutual agreement. We are not obligated to compensate Service Provider for Client’s failure to pay for Service. We are not obligated to compensate fees or provide services the Client if Service Provider’s failure to perform the Service.

2) Payments between Otomistrz and Service Providers

Billing.

In order to start using Otomistrz as a Service Provider You need to finish the registration process. During the registration You will be asked to choose Your Subscription Tariff. In case you choose Your paid Subscription, you will be redirected to payment page. The amounts of Subscription Fees and information about Subscription Tariff are stipulated on our Platform and can be found here or in Service Provider’s Otomistrz Account in section “Subscriptions”.

We may change our Subscription Fees and Subscription Tariffs from time to time by posting the changes on Your Account.

Subscription Tariff.

Free tariff. Otomistrz Platform’s tariffs provide free access to Service Provider’s Advertisement on the Platform.

Paid tariffs. Otomistrz Platform’s tariffs provide paid access to Service Provider’s Advertisement on the Platform, which provide Service Providers with more useful options within months.

You can learn more about the Subscription Tariff on the pricing page on our Platform: https://wykonawcy.oto-mistrz.pl/.

Cancellation policy

Once You submit a request (by phone, filling the form “Contact us” or email: [email protected]) for cancellation any of the Subscription Tariff, no additional charges will be made from our side. However, no refunds (prorated or otherwise) are provided upon cancellation. In the interest of fairness to all of our Service Providers, no exceptions will be made.

If You cancel before your Subscription Tariff ends, You will have access to Your Otomistrz Account and your Advertisement through the end of the tariff (3 months).

Payment methods

You may pay for the Otomistrz account at the Platform using a credit card and or bank wire transfer. In case of bank wire transfer, We will provide You with the invoice containing valid, up-to-date and complete banking details and Your order details upon Your request.

We do not process any payment Data. You acknowledge that all Your payments are processed by payment providers, that are responsible for all the issues regarding Your money transfer, and in no case shall We be liable for any of Your money transaction processing. Before making payment, We recommend You to review carefully our payment processor’s terms of use.

All amounts and subscription fees stated or referred to in this Terms shall be payable in Polish Zloty (PLN). All fees paid by You for the Otomistrz Platform including Subscription Fees are non-cancellable and non-refundable.

Renewal

We do not offer renewals. In case You have been subscribed for a paid tariff, Your payment to Otomistrz will not be automatically renew at the end of the applicable subscription period, and you will need to update your tariff in Your Otomistrz Account.

Cancellation.

The cancellation will take effect the day after the last day of the current term of Subscription Tariff. Once You submit a request (by phone, filling the form “Contact us” or email: [email protected]) for cancellation, no additional charges will be made.

You may change Your Subscription Tariff in Your Otomistrz Account by upgrading Your Subscription Tariff.

Failed charges; Suspension

If Your credit card on file is closed or the account information is changed, or if, for any reason, a charge is rejected, you shall immediately update Your Otomistrz Account or supply a new payment account, as appropriate, in order the third-party processor be able to process such information. If You are unable to update Your credit card account with appropriate information, then paid options in your Otomistrz Account will be unavailable for You. You will be able to use Otomistrz Platform with the paid Tariffs again, only after successful payment.

7. License

In course of use our Platform we grant you a limited license to access and make personal use of our Platform and/or viewing the content published on the Platform and Site. You are not allowed to download modify or duplicate it. This may be done only with written consent from us.

By publishing Your Advertisement and/or submitting Your Feedback (by contacting us) to Otomistrz, you assign to Otomistrz and Unitra Ltd., free of charge, a perpetual, irrevocable, worldwide exclusive license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information contained within any such Feedbacks and Advertisements, including without limitation the right to sublicense or assign any of the foregoing.

We will be entitled to use any Advertisement you submit to us, and any ideas, concepts, or techniques contained in any such Advertisement, for any purpose whatsoever, including but not limited to developing and marketing purposes using such Advertisement and Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights.

8. Feedback

We appreciate your Feedbacks!

But remember that by leaving your feedbacks (in Contact us form) on our Platform or by sending Your feedbacks by email, we will ask you to provide us with your Personal data by filling the information in Contact us form or to indicate it in email.

Your Feedback means any information you provide to us about the Site, Platform, Service or Services Providers, as a comment or reviews, which is always welcomed and encouraged.

If you give us feedback on the Platform, for example recommendations for improvements or features, or feedback for Service Providers work, such feedback will be deemed non-confidential and non-proprietary and implementation of that feedback is owned by us and may become part of the Platform without compensation to you.

We reserve all rights in and to the Platform unless we expressly state otherwise.

You agree, however, that (i) by submitting unsolicited content to Otomistrz, you automatically forfeit your right to any intellectual property rights; and (ii) unsolicited content submitted to Otomistrz or any of its employees or representatives automatically become the property of Otomistrz. You agree that any Feedback you provide via the Site shall be deemed to be non-confidential. Otomistrz shall be free to use such information on an unrestricted basis.

You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

Please note that by leaving your Feedbacks and using our Platform You agree with our Terms of Use and Privacy Policy. If you do not agree with (or cannot comply with) this Terms of Use and Privacy Policy, then you may not use our Platform and leave your Feedbacks.

9. Intellectual Property Rights

You acknowledge and agree that all rights in and to our Platform, content published on this Platform and Site, including but not limited to functionality all information, software, text, displays, images, video and audio, and the design, selection, and arrangement, visual interface, digital downloads, text materials, graphics, logos and all other elements of the Platform are and shall remain our sole property.

We respect the intellectual property of others. If you believe that your work or trademark used on the Platform has been copied in a way that constitutes copyright/trademark infringement, please inform us accordingly.

The Terms permit you to use our Platform for your personal use only. Any commercial use of unauthorized person without written notice is forbidden.

10. Restrictions

You shall use the Platform in full compliance with the terms of this Terms of Use. As a condition of your use of the Platform, you will not use the Platform for any purpose that is unlawful or prohibited by this Terms of Use. You may not use the Platform in any manner that could damage, disable, overburden, or impair Unitra or the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform.

Moreover, you agree not to use the Platform to: (a) upload or distribute any computer viruses, worms, malicious code or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders or scrapers); (c) disable, overburden, impair or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Platform.

11. Limitation of liability

In no event Otomistrz and Unitra shall nor any of its officers, directors, employees and contractors shall be held liable for anything arising out of or in any way connected with Your use of this Platform whether such liability is under contract. Otomistrz and Unitra, including its officers, directors, employees and contractors shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Platform.

12. Indemnification

You shall indemnify, release and hold harmless the Otomistrz and Unitra, and its parents, subsidiaries, affiliates, licensors and suppliers, and each of their respective officers, directors, employees and agents, from and against any loss, liability (including settlements, judgments, fines and penalties) and costs (including reasonable attorney fees, court costs and other litigation expenses) relating to any claim or demand made by any third party due to or arising out of your access to the Platform, violation of this Terms, or infringement of any intellectual property or other right of any person or entity.

13. No warranties

The Platform is provided “as is” and “as available” with all faults, and We express no representations or warranties, of any kind related to this Platform or content published on this Platform or Site. The indemnitees do not warrant the accuracy or completeness of the communications or the adequacy of the Platform and expressly disclaim liability for errors or omissions in the communications.

We do not make any statements or give any warranties about the results obtained by using Platform and Site, the specific function of the Platform or its reliability, availability, accuracy or ability to meet your needs. We do not warrant that access to the Platform or Site will be uninterrupted or error-free, or that defects in the Platform or Site will be corrected.

14. No Use by Minor

The Platform is intended only for access and use by adults. By accessing or using any of the Platform, you warrant and represent that you are adults and with the full authority, right, and capacity to enter into this Terms of Use and abide by all of the terms and conditions of the Terms. If you are the minor, you are prohibited from both the access and usage of the Platform.

15. Applicable Law and Disputes

By using this Platform, you agree that the Cyprus laws will govern these Terms of Use, or any dispute of any sort that might come between us and you.

All disputes related to these Terms of Use shall be resolved by negotiations between us and you, and we shall make all efforts to resolve the dispute. If we fail to reach consent, the disputes shall be resolved the Cyprus courts.

16. Modification of this Terms of Use.

We reserve the right to change these Terms of Use. We may notify you about such changes in this Terms of Use, through notification on the Platform. The updates become legally binding after the posting of the renewed Terms on the Platform.

If you have any questions related to your use of our Platform, please contact us at the email: [email protected] or contact us by phone:+48 (573) 569 220