Regulations of the website
Website regulations
LOCALO WEBSITE REGULATIONS
effective as of November 19, 2024.
Preliminary provisions and definitions.
These Regulations apply to the services provided by the Administrator through the website https://localo.com/ and all subdomains, including, in particular, https://app.localo.com/. Thus, these Regulations define the types, scope and conditions for the provision of services electronically and the rules for the conclusion of agreements for the provision of services and digital content through it, including the rules and procedure for the exercise of the right of withdrawal by LOCALO sp. z o.o. by the Customer who is a consumer. based in Wrocław, Plac Solny 14/3, 50-062 Wrocław, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Department of the National Court Register under the number 0000880128, having NIP 8971887866. The Regulations also constitute rules and regulations within the meaning of the Act on Provision of Electronic Services.
Definitions:
- Service - the website available at https://localo.com/, as well as all its pages and subdomains, including in particular https://app.localo.com, all managed by the Administrator, through which LOCALO provides the services specified in these Regulations;
- LOCALO - LOCALO sp. z o.o. with its headquarters in Wrocław, at Pl. Solny 14/3, 50-062 Wrocław, registered in the Register of Entrepreneurs of the National Court Register under the KRS number: 0000880128, with NIP number: 8971887866 and REGON number: 388000462, share capital of PLN 5,000.00;
- Administrator - LOCALO;
- Customer, User - a natural person using the Website who is at least 18 years of age or a person of legal age in accordance with the law in force in the place of residence of that person, as well as a legal person or an organizational unit that does not have legal personality, but to which the law grants legal capacity. Minors may use the Site and the Services offered therein only with the consent and under the supervision of adults (legal guardians);
- login or registration form - a form available on the Site or on an external website, used to create an Account;
- Order Form - a form available on the Site for placing an order and concluding a Sales Agreement;
- Account - a collection of resources in LOCALO's ICT system, marked with an individual name (login/e-mail) and password provided by the User, in which the User's data is stored;
- Sales Contract - a contract for the provision of LOCALO Services concluded between the Customer and the Vendor through the Website, on the basis of which LOCALO undertakes to provide the Services to the Customer in exchange for payment of the Price;
- Payment Operator - PayU S.A. with its registered office in Poznań, 60-166 Poznań, at 186 Grunwaldzka St., registered in the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number 0000274399, having NIP: 7792308495;
- Regulations - these Regulations, in accordance with Article 8 of the Act of July 18, 2002 on the provision of electronic services, (i.e. Journal of Laws of 2024, item 1513, as amended) - defining the rules for the use of the Website and Electronic Services;
- inquiry - a request for analysis of a specific phrase in a specific location and language, submitted by the User through the Account;
- Electronic Service - a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient of the service, sent and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004. Telecommunications Law (i.e., Journal of Laws of 2024, item 34) and the Electronic Communications Law of July 12, 2024 (Journal of Laws of 2024, item 1221), which will come into effect on November 10, 2024;
- LOCALO Service - a digital service or digital content delivery service in accordance with the Law on Consumer Rights (Journal of Laws of 2023, item 2759) offered on the Site;
- PayU Express Service - a service provided by the Payment Provider in cooperation with LOCALO, consisting in the issuance of an electronic payment instrument by the Payment Provider and making payments;
- Price List - the current price list for a given type of subscription posted on the LOCALO website at: https://localo.com/pl/cennik, whereby if the User activates a second and subsequent slot:
- more than 15 days before the end of the Billing Period, the User pays 100% of the subscription price for that slot,
- less than 15 days before the end of the Billing Period and more than 7, the User pays 66.6% of the subscription price for that slot,
- less than 7 days before the end of the Billing Period, the User pays 50% of the subscription price for that slot.
- billing period - the period for which the User pays fees for the duration of the subscription to the Service. The billing period is one month, calculated as 30 consecutive calendar days - in the case of a subscription for a period of 1 month, and 12 months, calculated as 365 consecutive calendar days - in the case of a subscription for a period of one year. Subscription fees for services provided on the Site are charged:
- in advance every month on the calendar day on which the subscription began in accordance with the provisions of these Regulations in the case of a monthly subscription,
- in advance every year on the calendar day on which the subscription began in accordance with the provisions of these Regulations in the case of an annual subscription.
- privacy policy - a document presenting information on the processing of personal data by LOCALO;
- Slot - functionality of the LOCALO Service that allows the User to add one active business profile of the User on the Account created by the User within the purchased subscription;
- Consumer - a User who is a natural person concluding an agreement with LOCALO, the subject of which is not directly related to his/her business or professional activity, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity;
- Newsletter - Electronic Service, allowing the service recipient to subscribe to and receive, with the consent of the service recipient, at the e-mail address provided by the service recipient, free information from the service provider regarding Electronic Services available on the Site; 26 Price - a specific value expressed in money in PLN (Polish zloty). All Prices shown on the Site are gross prices, i.e. they include Value Added Tax (VAT);
- Order - a statement of intent to conclude a Sales Agreement by the Customer submitted via the Order Form and aimed directly at concluding an Agreement for the provision of digital content with LOCALO.
§1. GENERAL PROVISIONS
(1) The Regulations define the rules for the use of the Site and the rules and procedures for concluding Sales Agreements with the Customer at a distance through the Site. (2) The Sales Agreement between the Customer and LOCALO is concluded when the required procedures for purchase on the Site are fulfilled, together with the posting of payment on LOCALO's bank account. (3) Proof of the conclusion of the Sales Agreement by the Customer is, in particular, an email sent to the Customer's email address together with a VAT invoice or receipt for the Service or other proof of the conclusion of the Sales Agreement. 4 LOCALO agrees to immediately begin providing the LOCALO Service from the moment the payment for the Service selected by the Customer is credited. The User agrees and acknowledges that the immediate commencement of the provision of the Services shall result in the loss of the Consumer's right to withdraw from the Agreement, except as indicated in § 9 and § 10 of the Regulations. (5) The agreement for the provision of Electronic Services consisting of maintaining an Account on the Website is concluded for an indefinite period of time at the moment of logging in by the Customer via Google or registering an Account via the Registration Form and receiving by the Customer an email sent by LOCALO confirming the registration of the Account. The service of maintaining a Customer's Account on the Website is provided free of charge. (6) Detailed terms and conditions regarding the personal data protection policy are contained in the Privacy Policy available at https://localo.com/pl/privacy-policy, and which is an integral part of these Terms and Conditions. Persons entering into a Sales Agreement on the Website voluntarily provide their personal data and consent to their processing by LOCALO under the terms and conditions indicated in the Privacy Policy. 7 Contact with the Service: LOCALO address: Plac Solny 14/3, 50-062 Wrocław, e-mail address: LOCALO: [email protected] telephone number LOCALO: telephone number: 602 598 958. (8) The Customer may communicate with LOCALO using the addresses and telephone numbers specified in these Terms and Conditions. (9) The Customer may communicate by telephone with LOCALO between 08:00 and 16:00 Monday through Friday.
- technical requirements: The use of the Service is subject to technical requirements. The Customer should provide at least:
- a device that allows the use of Internet resources,
- connection to the global Internet network,
- an updated web browser (Google Chrome, Safari, Microsoft Edge and Mozilla Firefox) supporting encrypted SSL connections, or one of the last 3 versions of Android,
- an active electronic mail (email) account,
- the version of the operating system and browser used should still be supported by the software publisher and hardware provider.
- these Terms and Conditions are available free of charge on the website at https://localo.com/pl/regulations, where you can download, save and print them.
- the Service does not use price profiling and product placement.
§2. SUCCESS STORIES
(1) LOCALO allows Customers to send their feedback to LOCALO and to read other Customers' opinions about the Services provided on the Website at https://localo.com/pl/historie-sukcesu, where only verified opinions are published, including those verified by LOCALO and issued by actual Customers who have purchased LOCALO Services and used the functionality of the Website. (2) The authenticity of the issued reviews is ensured by LOCALO, which, based on the data sent by the Customer when filling out the form to issue reviews, verifies that the Customer actually purchased LOCALO Services. LOCALO reserves the right to publish selected opinions, but has no influence on their content and does not make any modifications to the opinions issued by Customers. The Customer is solely responsible for his/her statement made in the expression of the Opinion. (3) Opinions and scores made by Customers are not substantively verified by LOCALO. (4) In the event of reasonable doubts LOCALO and/or any objections addressed to LOCALO by other Customers / third parties, in particular as to whether a given Customer has in fact purchased a LOCALO Service or whether a given opinion comes from a Customer, LOCALO reserves the right to contact the author of such opinion in order to determine and confirm that he/she is in fact a Customer of the Website or has in fact purchased a LOCALO Service, about which an opinion was posted. (5) Any objections, comments or appeals to the verification of the opinion may be made in a manner analogous to the complaint procedure indicated in § 7 of these Regulations.
§ 3. RULES OF USING THE ONLINE STORE
Orders placed on the Site may be made by Customers who have an Account. Registration of a Customer's Account on the Site is voluntary and free of charge. (2) The Customer may register an Account with the Online Store by clicking on the “Get Started” command at the top of the Website's home page at https://localo.com/pl/ and then clicking “ Register” and completing the Registration Form, unless the Customer chooses to log in to the Website through a Google Account. In this case, the Customer does not need to register an Account, as he/she will be automatically logged in and will use the Account service by logging into his/her Google account. (3) To the e-mail address provided in the Registration Form or the e-mail address assigned to the Google account, a message will be sent by LOCALO confirming the registration of the Account. The provision of an e-mail address is necessary for the provision of the Account services. The start of the provision of the electronic service of the Account shall commence upon receipt of the message confirming the registration of the Account. (4) The Account service consists in enabling Customers to use the functionalities of the Website after logging in with a password. (5) The Customer places an Order on the Service by completing the Order Form. (6) The Customer shall place an Order by filling in the Order Form with his/her data (e-mail address), and accepting the content of these Regulations and Privacy Policy. (7) In the case of the Order Form on the Website, the Customer provides his/her e-mail address and, depending on the form of billing, provides his/her name and address (individual) or company data (Company). The Customer also selects the payment method from those indicated in the Order Form, i.e. PayU, Debit Card, BLIK or Bank Transfer. (8) Providing incomplete data in the Order Form will prevent the acceptance of the invitation to conclude a contract and the conclusion of the Sales Agreement.
- LOCALO shall each time determine which of the data in the Order Form are necessary to conclude the Sales Agreement.
- the User of the Website, after creating an Account, may delete it only by contacting the Website support at the email address: [email protected].
§4. ORDERING OF SERVICES (SUBSCRIPTIONS).
(1) Orders for LOCALO Services are accepted through the website https://localo.com/pl/.
- as a result of purchasing a subscription to a LOCALO Service based on the Price List, the User may gain access to additional functionalities of the Website indicated in this paragraph and §6. (3) The User may, at his/her discretion, use the free “FREE” plan or purchase a renewable subscription for a period of one month or one year at the current fees applicable in accordance with the Price List.
3a. Under the free “FOR FREE” plan, the User receives unlimited time access to the Site with access to the functionality of LOCALO Services listed in the free “FOR FREE” plan.
(4) The User purchases one subscription per Slot added by him/her within his/her Account. The User may purchase only one subscription per Slot. The User may add more than one Slot to the Account and thus purchase more than one subscription that will cover the same Billing Period, with the first month's amount being adjusted according to when the Billing Period for the Account falls in accordance with the Price List. The user may add or remove a Slot at any time, which is equivalent to cancelling the subscription. The cancellation of a subscription for one Slot does not affect subscriptions activated by the User for the User's other Slots. Once a Slot is removed, it remains active until the end of the Billing Period. The deletion of additional Slots shall take place immediately and the overpayment shall be credited. (5) Invoices will be sent to the email address provided when creating an Account on the Service. The entity issuing invoices will be:
- in the case of Users having their residence or seat on the territory of Poland - LOCALO;
- in the case of Users having their place of residence or seat outside the territory of Poland - the following payment providers to Localo - Paddle:
- 🇬🇧 Paddle.com Market Limited: Judd House, 18-29 Mora Street, London, EC1V 8BT, United Kingdom;
- 🇮🇪 Paddle Payments Limited: Core B, Block 71, The Plaza, Park West, Dublin 12, Ireland;
- 🇺🇸 Paddle.com Inc: 3811 Ditmars Blvd, 1071, Astoria, NY 11105-1803, USA.
- **Prices on the Service given in Polish zloty are net prices, including VAT.
7. ** Whenever LOCALO is informed of a reduction in the Price of a Service, LOCALO shall include, in addition to information about the reduced Price, information about the lowest Price of that Service that was in effect during the 30 days prior to the introduction of the reduction. For Services that have been on sale for less than 30 days, LOCALO shall, in addition to the information about the reduced Price, post information about the lowest Price of that LOCALO Service that was in effect during the period from the date of commencement of sales until the date of introduction of the reduction.
(8) LOCALO may revise the Price of LOCALO Services, but the revisions shall not be binding for Sales Contracts concluded prior to the revision. LOCALO also reserves the right to introduce new services for sale, carry out and cancel promotional actions on the Website, or make changes to them in accordance with the norms of the Civil Code and other applicable laws. (9) Payment for LOCALO Services purchased by the Site can only be made via online payment in one uninterrupted session. 10.After making payment via Internet payments, the Customer should wait for the payment to be credited to LOCALO's bank account. Confirmation of payment will be sent to the Customer's e-mail address indicated in the registration process. 11.The User should read and accept the Terms and Conditions, Privacy Policy before placing an Order. After accepting all the details of the purchase (including the type of Service and the total amount due) and clicking on the button “pointing to the payment symbol”, you will be redirected to the payment service. (12) If you choose one of the forms of online payment for LOCALO Services (bank transfer, BLIK or payment by credit card through the PayU system), the payment instruction must be executed immediately after placing the Order. If payment is not received on the account or intermediary entities of the transaction (PayU system), the Order is not considered to be properly placed, which means that the Contract of Sale does not come into effect and the Order will not be completed. In such a situation, a new Order must be placed. In the case of payment from abroad (i.e. outside Poland), payment for the Service shall be made only via payment card. (13) At any stage of placing an Order, until payment is made, you may cancel the Order by ceasing to go through the steps and exiting the subpage used for placing Orders. An Order, the process of which is not brought to completion by the Customer, will not be completed. (14) LOCALO, for the proper implementation of the Sales Agreement, may contact the Customer at the e-mail address provided by the Customer to clarify any doubts, confirm the placement of the Order or on other issues related to the proper implementation of the Order. (15) In order to receive a VAT invoice, it is necessary to provide company data in the ordering process, along with the VAT number necessary for proper issuance of an invoice. 16) Persons making payment through a foreign bank should take into account the cost of bank intermediation, as only full payment within the prescribed period guarantees the execution of the order by LOCALO. 17) LOCALO shall not be responsible for the consequences of the Customer providing false or incorrect data in the Order Form. (18) If the Customer has any questions about the operations of the Site or needs assistance, especially regarding the Electronic Services or LOCALO Services, the Customer may contact the following telephone number: +48 602 598 958.
§5. TYPE AND SCOPE OF ELECTRONIC SERVICES
(1) Provision of Electronic Services to Users on the Site is free of charge for services:
- maintaining an Account,
- Newsletter subscription,
- chat communicator, (5) In order to ensure the security of the transmission of messages and data, in connection with the services provided, LOCALO shall take technical and organizational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet. (6) In particular, the user is obliged to:
- not to provide or transmit content prohibited by law, e.g. content that promotes violence, defames or violates the personal rights and other rights of third parties;
- to use the Service in a manner that does not interfere with its operation, in particular by using certain software and devices;
- not to take actions such as: sending or posting unsolicited commercial information (spam) within the Service;
- to use the Website in a manner that is not disruptive to other Customers or LOCALO;
- use of any content posted within the Site only for your own personal use;
- use of the Site in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland or other place of residence of the User, the provisions of the Regulations, as well as with the general rules of Internet use.
- LOCALO has the right to place advertising content on the Website of the Service. Such content is an integral part of the Website and the materials presented therein. 14.Thanks to the Newsletter service, LOCALO sends commercial information about LOCALO's offerings, new services, current promotions, etc. to the e-mail address provided by the User. The Newsletter service is provided free of charge for an indefinite period of time. (15) The Newsletter will be sent to the e-mail address provided by the User.
- each message within the Newsletter service shall contain:
- data of LOCALO as the sender of the Newsletter and providing the “Subject”, defining the content of the Newsletter,
- the content of the Newsletter,
- information on the possible way of resignation from the Newsletter service or change of the User's electronic mail address (e-mail address), to which the Newsletter is sent.
- subscription to the Newsletter shall be made by:
- provision by the User of his/her e-mail address at the bottom of the page https:/localo.com/en in the field entitled “Become a Google Local Champion”,
- the User's consent to receive commercial information at the e-mail address provided in the form, in accordance with the Act of 18 July 2002 on the provision of electronic services,
- acceptance by the User of these Regulations,
- clicking the “Subscribe” button.
- LOCALO sends to the provided e-mail address an activation link confirming the order of the Newsletter service in an e-mail sent by LOCALO with the title “Welcome to the Newsletter”. Clicking on the activation link adds the Customer's e-mail address to LOCALO's mailing list. (26) Providing the User's e-mail address is necessary for the Newsletter service.
- use of the Electronic Services described in these Regulations is subject to the Customer having a computer or other multimedia device with access to the Internet, and to such Customer having an active electronic mail (e-mail) address.
§ 6. TYPES AND SCOPE OF DIGITAL CONTENT SERVICES
(1) The User may choose one of three possible subscriptions:
- Free - free plan,
- development,
- Agency,
which provide tools for the Client's website to achieve the best possible position in the free (natural, organic) search results for selected phrases and keywords (SEO).
1a. LOCALO provides, free of charge, for Users who have an Account on the Site with a Google My Company business card plugged in, an additional functionality of the Site called LOCALO SITES, consisting in the possibility of automatic construction of pages by these Users. This functionality is available in both the free plan and paid plans.
1b. ** The functionality referred to in paragraph 1a above can be activated by the User by two clicks: the first: the User should go to the “websites” tab on his Account, and the second click: the User should click on the “publish” button.
1c. ** The functionality described in item 1a is free for Users of the Services.
1d. ** The Service User will be able to keep the results (archive) of the use of the functionality described in item 1a above. In addition, the Service User will not lose access to the page created under the functionality described in item 1a above, even after discontinuing the use of the Service (under the free or paid plan), unless, before discontinuing the use of the Service in his/her Account, he/she clicks on the icon allowing to delete the page so created.
1e. ** The User, after discontinuing use of the Service (under the free or paid plan), shall not be able to update the data on the page created under the functionality described in 1a above, in the event that such User deletes such page on his/her Account, because once the User stops using the Service completely, the User will lose access to his/her company's profile on the Account. When the User returns to using the Service again (under a free or paid plan), he/she will be able to update such page under the functionality described in Section 1a.
(2) Subscription analysis results are presented in the form of charts, reports, summaries, etc.
- most of the analyses are performed in real time, their processing may take several minutes. Some of the functionalities, for example: estimated site traffic or number of keywords, are taken from a pre-calculated database. 4 LOCALO reserves the right to present the results of analysis not conducted in real time.
- via its Account, the Customer has access to the results of its queries for the last three months, although in the case of Free Account Users, access may be limited by LOCALO to a shorter period. For Free Account Users, access to queries is provided by contacting LOCALO by email at: [email protected] and requesting it. (6) LOCALO informs that the analyses and results are presented for informational purposes only, and the Digital Service is intended for holders of Google company profiles who are able to use them properly. Analyses are not to be used as guidance or recommendations, and taking any action based on the results obtained is completely voluntary. Therefore, LOCALO is not responsible for the use of data obtained through the Service and its results. (7) In the event that the Customer forgets/loses the password that he/she provided during registration, he/she has the option to use the “Reset Password” functionality, which will generate and send to the email address provided during registration a message with a link allowing to reset the password. (8) Each Account after registration is assigned to only one User and only this User is its owner. LOCALO notes that it is not possible to assign, transfer or otherwise transfer (resell Accounts) existing User Accounts to other entities. This also applies to existing Account limits. LOCALO also notes that it is not possible for several Users or other third parties to share the same Account. 9 The exact and current scope of functionality of the Website and LOCALO Services offered through it by LOCALO is available at https://localo.com/pl/cennik.
§7. COMPLAINTS REGARDING ELECTRONIC SERVICES
(1) LOCALO shall take measures to ensure the fully correct operation of the Site, to the extent that it results from with the current technical knowledge and undertakes to remove within a reasonable period of time any irregularities reported by the Customers. (2) The Customer shall immediately notify LOCALO of any irregularities or interruptions in the in the functioning of the Site. (3) Irregularities related to the functioning of the Service, the Customer may report in writing to the address of LOCALO's registered office or electronically to [email protected]. (4) In the complaint, the Customer shall provide his/her name, mailing address, type and date of occurrence of irregularities related to the functioning of the Service.
§ 8. COMPLAINTS ABOUT LOCALO SERVICES
(1) The provisions of this paragraph apply only to Consumers. LOCALO's liability under warranty with respect to a Customer who is not a Consumer is excluded. (2) LOCALO's obligation is to provide the Customer with LOCALO Services in accordance with the Sales Agreement. (3) The basis and principles of LOCALO's liability shall be determined by the legal provisions in force in the territory of the Republic of Poland, in particular the provisions contained in the Act of May 30, 2014 on Consumer Rights.
- the LOCALO Service delivered to the Customer by LOCALO must be in accordance with the Sales Agreement:
- at the time of its delivery - in case the LOCALO Service is delivered at one time or in parts;
- for the entire period of delivery of the LOCALO Service in question - in case the LOCALO Service is delivered continuously. (7) If the LOCALO Service does not comply with the Sales Agreement, the Consumer may demand that it be brought into conformity with the Sales Agreement.
- complaints regarding LOCALO Services may be submitted:
- in writing to the address of LOCALO sp. z o.o. Pl. Solny 14/3, 50-062, Wrocław, Poland,
- in the form of e-mail to: [email protected],
- in writing directly at LOCALO's office during its opening hours.
- LOCALO shall be liable for non-compliance with the Sales Agreement:
- existing at the time of delivery of the LOCALO Service and disclosed within 2 (two) years from that time - in case the LOCALO Service is delivered at one time or in parts;
- disclosed during the period of delivery of the LOCALO Service - in case the LOCALO Service is delivered continuously.
- the complaint should contain data that allows identifying the Customer and responding to the complaint (name and surname or name of the applicant, address/e-mail address depending on whether the Client wishes to receive a response to the complaint via snail mail or e-mail, indication of the reason for the complaint and the content of the request, as well as indication of the Client's preferred method of informing about the manner of processing the complaint). It is recommended to attach to the complaint documents that substantiate it and may be helpful in resolving the complaint. (16) If the data or information provided in the complaint needs to be supplemented, LOCALO will request the Customer submitting the complaint to supplement it before the complaint is considered. (17) Complaints about LOCALO Services will be considered individually within 14 days from the date of receipt of the complaint in question. (18) The response to the complaint shall be provided in writing by regular mail or e-mail, depending on the Customer's preferred method of informing about the manner of processing the complaint, and if such a method was not indicated, depending on the method of filing the complaint. If the complaint is not accepted, LOCALO will notify the Customer, stating the reasons for this decision. (19) Disputes between the Customer and LOCALO relating to the submitted LOCALO Service Order, shall be considered by a common court of competent jurisdiction in accordance with the provisions of the Code of Civil Procedure and other applicable common law.
- the Customer who is a Consumer shall have the possibility to use out-of-court ways of processing complaints and claims, including in particular the right to:
- to apply to the permanent amicable consumer court operating at the provincial inspectorates of the Trade Inspection with a request to resolve a dispute arising from the concluded sales contract (the Act of December 15, 2000 on the Trade Inspection, i.e. Journal of Laws of 2024, item 312);
- to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute with the Seller.
- the Consumer has the right to obtain free assistance in resolving a dispute between the consumer and LOCALO in the form of free assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. (24) Detailed information on the possibility for the Consumer to use out-of-court procedures for processing complaints, as well as to assert claims, and the rules of access to these procedures may be available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection, primarily at the following Internet address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. (25) The President of the Office of Competition and Consumer Protection shall maintain an open register of entities authorized to conduct proceedings for out-of-court settlement of consumer disputes. (26) The use of possible out-of-court means of dealing with complaints and claims is possible only after the completion of the complaint procedure and is voluntary - both parties, i.e. the Consumer and LOCALO must agree to the procedure. (27) The Consumer may also use the online consumer dispute resolution platform (ODR platform), i.e. under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). 28 The European ODR platform is an interactive website through which a Consumer can file a complaint. Below is the electronic link to the ODR platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
- the premise of the ODR platform is to facilitate the independent, impartial, transparent, effective, fast and fair out-of-court online resolution of disputes between consumers and businesses regarding contractual obligations arising from from online sales or service contracts between consumers residing in the Union and traders established in the Union.
§ 9. LOCALO LIABILITY RULES
(1) If the LOCALO Service does not comply with the contract, the Consumer shall have the rights set forth in the Law of May 30, 2014 on Consumer Rights. (2) LOCALO shall inform the Consumer of updates, including security features, necessary for the LOCALO Service to be in compliance with the contract and shall provide them to the Consumer for the duration of the Sales Contract. LOCALO shall not be liable for the non-compliance of the Digital Service with the contract in the situation where the Consumer, despite being informed of the need to install the updates and being provided with the correct user manual with the consequences of not installing these updates, fails to install them or does so incorrectly. (3) LOCALO may refuse to bring the LOCALO Service into compliance with the Sales Agreement if bringing the LOCALO Service into compliance with the Sales Agreement is either impossible or would require excessive costs for LOCALO. (4) LOCALO shall bring the LOCALO Service into conformity with the Sales Agreement within a reasonable time from the time LOCALO is informed by the Consumer of the non-conformity with the Sales Agreement, and without unreasonable inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the LOCALO Service into conformity with the Sales Agreement shall be borne by LOCALO. (5) If the LOCALO Service is not in compliance with the Sales Agreement, the Consumer may submit a statement of price reduction or withdrawal from the Sales Agreement when:
- bringing the LOCALO Service into conformity with the Sales Agreement is impossible or requires excessive costs,
- LOCALO has not brought the LOCALO Service into conformity with the Sales Agreement,
- the LOCALO Service's non-compliance with the Sales Agreement continues even though LOCALO has attempted to bring the LOCALO Service into compliance with the Sales Agreement,
- the lack of compliance of the LOCALO Service with the Sales Agreement is so significant as to justify either a reduction in price or cancellation of the Sales Agreement without first using LOCALO's request to bring the LOCALO Service into compliance with the Sales Agreement,
- it is clear from LOCALO's statement or circumstances that it will not bring LOCALO's Services into conformity with the Sales Contract within a reasonable time or without undue inconvenience to the Consumer. (11) The reduced price must remain in such proportion to the price under the Contract of Sale as the value of the non-conforming LOCALO Services remains to the value of the conforming LOCALO Services under the Contract of Sale. If the Sales Agreement stipulates that the LOCALO Services are provided in parts or continuously, the price reduction must take into account the time during which the LOCALO Services remained inconsistent with the Sales Agreement. (12) The consumer may not withdraw from the contract if the LOCALO Service is provided in exchange for payment of the price and the lack of conformity of the LOCALO Service with the Contract of Sale is insignificant. (13) LOCALO shall be obliged to refund the price only in the part corresponding to the LOCALO Service that does not comply with the Sales Contract or the LOCALO Service, the obligation to provide which has fallen off due to the withdrawal from the Sales Contract. (14) LOCALO shall refund to the Consumer the price due as a result of exercising the right to withdraw from the Sales Agreement or reduce the price promptly, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Sales Agreement or price reduction. (15) LOCALO shall refund the price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer. (16) The rules contained in these Regulations regarding the Consumer shall apply to an individual concluding a contract directly related to his/her business activity, when the content of this contract shows that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the regulations on the Central Register and Information on Business Activity.
§10. WITHDRAWAL FROM THE SALES CONTRACT
(1) If LOCALO fails to deliver the LOCALO SERVICE within the period specified in § 1.4 of the Terms and Conditions, the Customer who is a Consumer shall have the right to summon LOCALO to deliver it. Such summons may be sent by e-mail to the address indicated in § 1.7. (2) If the Supplier fails to deliver the LOCALO Service immediately upon receipt of the summons referred to above, or fails to deliver it within an additional period agreed upon with the Customer, the Customer may withdraw from the LOCALO Service Delivery Agreement. (3) Withdrawal from the Agreement for the provision of LOCALO Services shall require, in order to be valid, the submission of a statement of withdrawal by the Customer to LOCALO. Such statement may be sent by e-mail to the address indicated in § 1 paragraph 7 of the Regulations. (4) If the withdrawal relates to the Sales Agreement, LOCALO is obliged to refund the price paid by the Customer for this Service immediately, but no later than within 14 (fourteen) days from the date of receipt of the Customer's statement of withdrawal from the Sales Agreement. Refund of the Price shall be made using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund, which shall be at no cost to the Customer.
- the Consumer may withdraw from the Sales Agreement without calling for the delivery of LOCALO Services if:
- it is clear from LOCALO's statement or circumstances that it will not deliver the LOCALO Service; or
- the Consumer and LOCALO have agreed, or it is clear from the circumstances of the conclusion of the Sales Agreement, that the specified date for the delivery of the LOCALO Services was of material importance to the Consumer, and LOCALO failed to deliver them within that date.
- according to the content of Article 38 of the Act of May 30, 2014 on consumer rights, the right of withdrawal from an agreement concluded off-premises or at a distance is not granted to the Consumer, inter alia, with respect to agreements:
- provision of services, if the entrepreneur has performed the service in full with the express consent of the Consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract;
- delivery of digital content not delivered on a tangible medium, for which the Consumer is liable to pay the price, if the trader has started the service with the express and prior consent of the Consumer, who was informed before the start of the service that after the performance by the trader he will lose the right to withdraw from the contract, and accepted it, and the trader has provided the Consumer with the confirmation referred to in Article 15 paragraph 1 and 2 or Article 21 paragraph 1 of the Act of May 30, 2014 on Consumer Rights;
- delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal.
§11. TERMS OF TERMINATION OF THE CONTRACT OF SALE OF LOCALO SERVICE
(1) Within 30 days from the date of activation of the first subscription for a given Slot, the Customer has the right to cancel the subscription without giving any reason. It is then necessary to contact LOCALO via e-mail to the address indicated in § 1, paragraph 7 or via chat in the application and express the desire to receive a refund for the activation of the subscription. In such a case, LOCALO will refund the fee paid by the Customer within 14 days from the date of cancellation of the subscription. LOCALO indicates that Customers:
- may not claim a refund for second and subsequent subscription purchases for the same Google My Business account,
- may not claim more than a total of three refunds for cancellation of subscriptions without providing a reason. (4) If a subscription is canceled after the aforementioned 30-day period, the customer is not entitled to a refund. (5) In order to cancel the subscription, deactivate or delete the Slot, the User may send a message informing about such intention to LOCALO: Pl. Solny 14/3, 50-062, Wroclaw, Poland, or to the e-mail address: [email protected] or perform the aforementioned actions within the relevant functionality of the Site by using the appropriate button.
- the provision of LOCALO Services by LOCALO shall last on the Site from the time of purchase of the subscription until its expiration due to:
- deactivation of the subscription by the Customer,
- lack of funds on the Customer's payment card and three unsuccessful attempts to charge the card, if the Customer has chosen to pay by payment card,
- expiration of the period for which the Sales Agreement was concluded in the case of a one-time subscription for a period of 12 months.
- when the Customer deactivates his subscription for a particular Slot, he will have access to the historical data for that Slot, but the data will not be updated until the subscription is reactivated. In the event that a Slot is completely deleted by the Customer from his/her account, all data pertaining to that Slot is irretrievably deleted. (11) If another Slot is added during a given Billing Period, the second and each subsequent VAT invoice for subscriptions for that Slot will be billed and issued on the same date, along with invoices for all other Customer subscriptions. (12) LOCALO may make a change to the LOCALO Service that is not necessary for its compliance with the Sales Agreement only if the Sales Agreement so provides and only for the legitimate reasons indicated therein. However, LOCALO may not make a change to the LOCALO Service provided on a one-time basis. (13) Implementation of the change referred to in paragraph 7 shall not entail any costs on the part of the Consumer. (14) LOCALO shall inform the Consumer in a clear and understandable manner about the change referred to in paragraph 7 being made. (15) If the change to the LOCALO Service referred to in Paragraph 7 above materially and adversely affects the Consumer's access to or use of the LOCALO Service, LOCALO shall inform the Consumer well in advance on a durable medium of the features and timing of the change and the right to terminate the Sales Agreement in accordance with Paragraphs 11 and 12 below. (16) In the case referred to in paragraph (10), the Consumer may terminate the Sales Agreement without notice within 30 days from the date of making the change or informing about the change, if the informing occurred later than the change. (17) The provision of paragraph 11 shall not apply if LOCALO provides the Consumer with the right to retain, at no additional cost, the LOCALO Service in accordance with the Sales Agreement, in an unchanged condition.
§12. TERMS AND CONDITIONS FOR TERMINATION OF ELECTRONIC SERVICE AGREEMENTS
(1) An agreement for the provision of an Electronic Service of a continuous and indefinite nature (e.g. maintaining an Account) may be terminated.
- the User may terminate the agreement with immediate effect and without indicating the reasons by sending an appropriate statement via e-mail to: [email protected].
- LOCALO may terminate the agreement for the provision of Electronic Services of a continuous and indefinite nature in the event that the User violates the Terms of Service, in particular, when he/she provides content of an unlawful nature after an ineffective prior request to cease violations with setting an appropriate deadline. The Agreement in such a case expires after 7 days from the date of submission of a declaration of intent to terminate the Agreement (notice period). (4) Termination shall lead to termination of the legal relationship with effect for the future. (5) LOCALO and the User may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties.
§ 13. PAYU PAYMENT SERVICE
(1) The Customer may make payment card payments to LOCALO in a simplified form, i.e. without the need to provide all payment card details each time. The token (individual card identifier) is generated based on the payment card data provided by the Customer within the PayU service. (2) The Payment Operator, when performing the PayU Service, acts as a payment service provider within the meaning of the Payment Services Act of August 19, 2011 (i.e. Journal of Laws of 2024, item 30). The body that supervises the Payment Service Provider is the Financial Supervision Commission. (3) In order to use the PayU Service, it is necessary to have a device that allows access to the Internet, including software commonly used to browse its resources.
- PayU payments made by the Customer to LOCALO include:
- payments made by means of electronic transfers, which include non-cash payments in Polish money made by means of Internet transfers,
- payments made by means of payment cards, covering non-cash payments in Polish money made by payment cards that have been approved by banks for transactions in the Internet environment,
- payments made using BLIK. (8) Under Pay by Pay cards, the Customer may make payments with cards of the VISA and Mastercard organizations, including credit and deferred payment cards, debit cards and business cards. (9) After selecting the PayU payment option when filling out the Order Form, the Customer will be taken to a page where he/she can select the bank that will process the transaction, enter the BLIK code or enter the payment card details. (10) The Customer may file a complaint if the services ordered from PayU have not been provided or are not provided in accordance with the provisions of the Terms and Conditions.
- a complaint may be filed in the form of:
- in writing to the PayU address: 186 Grunwaldzka Street, 60-166 Poznań, or.
- electronic to the e-mail address: [email protected], or
- by phone at: + 48 61 628 45 05 (the call is charged according to the tariff of the operator whose services the Customer uses), from Monday to Friday, from 8:00 to 20:00. (15) The complaint should contain at least: the name and surname of the Client, e-mail address and a description of the reported objections. (16) If the data or information provided in the complaint needs to be supplemented, before processing the complaint, PayU shall request the complainant to supplement it in the indicated scope and time limit. (17) PayU shall consider the complaint within 14 working days from the date of its receipt. (18) The response to the complaint shall be provided by PayU in writing or in electronic form, provided that the Customer has agreed to it.
- in connection with the processing of the complaint, in order to clarify any issues with payment card issuers, financial institutions, as well as supervisory authorities, PayU may request the Customer to send, within 7 days of receipt of such request:
- additional necessary information regarding the transaction for which the claimed Payment occurred, and
- copies of documents relating to the execution of the transaction for which the Customer made the Payment made by payment card or transfer using the Service, including: a copy of the confirmation of the purchase of goods or services. 22 If the Customer does not agree with the resolution of the complaint provided by PayU, then the Customer has the option:
- if the Customer is a natural person - to request that the case be reviewed by the Financial Ombudsman, under the rules set forth in the Act of August 5, 2015 on the handling of complaints by financial market entities and the Financial Ombudsman,
- use of the Court of Arbitration at the Financial Supervision Commission: https://www.knf.gov.pl/dla_konsumenta/sad_polubowny
- use of the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/ indicating the following PayU address as the first point of contact: [email protected],
- if the Customer has the status of a Consumer - seek legal assistance from the Municipal or District Consumer Ombudsmen,
- file a lawsuit against PayU to a court of general jurisdiction. (28) The Customer may file a complaint against PayU to the body that supervises PayU. The body that supervises PayU is the Financial Supervision Commission. (29) PayU is not a party to the Sales Contract between LOCALO and the Customer and does not consider complaints related to LOCALO's improper performance of its obligation to the Customer related to the Sales Contract.
- the Customer's card data is stored by the Payment Operator.
§14. COPYRIGHT PROTECTION
- All photos and other materials (including texts, graphics, logos, etc.) available on the Site are the property of LOCALO or have been used by LOCALO with the consent of third parties who hold copyrights to them.
- ** Copying of photographs and other graphic materials, as well as reprinting of any texts available on the Site and their publication on the Internet without the prior written consent of LOCALO or a third party with relevant copyrights is prohibited.
- Downloading graphic materials from the Service and using them for promotional or commercial purposes is also prohibited for all third parties.
- **Any use of the above materials without the prior written consent of LOCALO or a third party with the relevant copyright is illegal and may be grounds for legal action against the person concerned.
§15. FINAL PROVISIONS
- ** Disputes arising between LOCALO and the Customer, who is a Consumer within the meaning of the law, are subject to recognition by the courts having jurisdiction over the place of residence of the Consumer.
- ** Polish law shall apply to these Regulations.
- **LOCALO reserves the right to amend these Regulations.
- Regulations or its amendment shall come into force after 14 days from the announcement. Amendments to the Regulations do not affect the scope of rights acquired by the Customers. The content of the change and the effective date of the change to the Regulations will be communicated to the Customer by posting on the website https://localo.com/ and the news of the change, the date of the change and the content of the change to the Regulations and maintaining this information for at least 14 consecutive calendar days.
- ** Customers are responsible for any violation of applicable law and the provisions of these Terms and Conditions when using the Service.
- ** Customer is fully responsible for any violation of applicable law or damage caused by his actions in the Online Store, in particular for providing illegal or false information, violation of personal rights or copyright and related rights.
- LOCALO reserves the right to discontinue the provision of services to Customers, in case of violation or reasonable suspicion of violation by the Customer of applicable law or the provisions of these Regulations.
- ** These Regulations shall apply as of [...] 2024.
Information on specific risks associated with the use by users of services provided electronically by LOCALO
In order to comply with the obligation under Article 6(1) of the Law of July 18, 2002 on the provision of services by electronic means, LOCALO hereby informs you of the specific risks associated with the use by users of services provided by electronic means. LOCALO declares that it applies the necessary and appropriate measures to protect its infrastructure from unauthorized actions and access by third parties, and therefore the risks described below may occur only potentially, but should be taken into account when using the electronically provided services.
The primary threats associated with the use of the Internet include:
- malware, i.e. various types of applications or scripts that have a harmful, criminal or malicious effect on the user's computer system, such as viruses, worms, trojans (Trojan horses), keyloggers, dialers;
- spyware, i.e. programs that track the user and collect information about the user and send it - usually without the user's knowledge or consent - to the author of the program;
- spam, which are unsolicited and unsolicited e-mails sent simultaneously to multiple recipients, often containing advertising content;
- phishing for sensitive personal data (e.g. passwords) by impersonating a trustworthy person or institution (phishing);
- hacking into a user's ICT system using, among other things, hacking tools such as exploits or rootkits;
To avoid threats, users should stock their computer and other electronic devices they use to connect to the Internet with an antivirus program. Such a program should be constantly updated. Protection against threats related to the use of electronic services by Users is also provided by:
- firewall enabled,
- software updates,
- not opening e-mail attachments of unknown origin,
- reviewing information when installing applications and their licenses,
- regular comprehensive system scanning with antivirus and antimalware software,
- encryption of data transmission,
- installing preventive programs (intrusion detection and prevention),
- use of original system and applications from a legitimate source.
Appendix 1.
INSTRUCTION ON THE RIGHT TO WITHDRAW FROM THE CONTRACT
1 Right of withdrawal from the contract (2) The consumer* has the right to withdraw from the contract within 14 days without giving any reason. The term of withdrawal expires after 14 days from the date:
for a contract in the performance of which the trader issues the goods, being obliged to transfer their ownership - from taking possession of the goods by the Consumer or a third party other than the carrier designated by the Consumer, and in the case of a contract that:
involves multiple goods that are delivered separately, in batches or in parts - from taking possession of the last good, its batch or part,
involves the regular delivery of goods for a specified period of time
from taking possession of the first of the goods;
conclusion of a contract - in the case of contracts for the provision of services.
- according to the content of Article 38 of the Act of May 30, 2014 on consumer rights (i.e. Journal of Laws of 2023, item 2759, as amended), the right of withdrawal from the contract concluded off-premises or at a distance is not granted to the Consumer in respect of contracts:
- for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the start of the performance that after the performance by the entrepreneur will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market, over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;
- in which the subject of performance is a non-refabricated good, produced to the consumer's specifications or serving to meet his individualized needs;
- in which the subject of the performance is goods that are perishable or have a short shelf life;
- in which the subject of the performance is goods delivered in sealed packaging that cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery;”;in which the subject of the performance are things that after delivery, due to their nature, are inseparable from other things;
- in which the subject of performance are goods which, after delivery, due to their nature, are inseparably combined with other goods;
- in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the trader has no control;
- in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides in addition other services than those requested by the consumer, or provides things other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
- in which the object of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
- for the supply of newspapers, periodicals or magazines, except for a subscription contract;
- concluded through a public auction;
- for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
- for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the trader has started the service with the express and prior consent of the consumer, who has been informed before the start of the service that after the performance by the trader he will lose the right to withdraw from the contract, and has accepted it, and the trader has provided the consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the Law of May 30, 2014 on consumer rights;
- delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed the consumer of the loss of the right of withdrawal. (19) To exercise the right of withdrawal, it is sufficient to inform us by sending a statement via e-mail to: [email protected] or a letter sent by mail to LOCALO sp. z o.o. with its registered office in Wrocław, Plac Solny 14/3, 50-062 Wrocław. The statement should be unambiguous. The consumer may use the model declaration of withdrawal constituting Appendix No. 2 to these Regulations. Use of the template is voluntary. (20) In order to comply with the deadline for withdrawal from the contract, it is sufficient for the Consumer to send the aforementioned information on withdrawal from the contract before the expiry of the deadline for withdrawal from the contract.
- consequences of withdrawal from the contract
In the event of withdrawal from the Contract, LOCALO shall return to the Consumer all payments received, including the costs of delivery (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by LOCALO), immediately, in any case no later than 14 days from the day on which LOCALO was informed of the Consumer's decision to exercise the right to withdraw from the sales contract.
(7) LOCALO shall refund the payment using the same means of payment used by the Consumer at the time of ordering, unless the Consumer has expressly agreed to a different solution; in any case, the Consumer shall not incur any fees in connection with the refund. (8) LOCALO shall not be obliged to refund the cost of returning the item to LOCALO. The cost of returning the item shall be borne by the Consumer. (9) If LOCALO has not offered to collect the goods from the Consumer itself, LOCALO may withhold reimbursement of payments received from the Consumer until it receives the goods back or the Consumer provides proof of their return, whichever event occurs first. (10) The Consumer is obliged to return the goods to LOCALO or give them to a person authorized by LOCALO to collect them immediately, but no later than 14 days from the day on which he or she withdrew from the contract, unless LOCALO offered to collect the goods itself. To meet the deadline it is sufficient to send back the goods before its expiration. (11) If the contract was concluded off-premises and the goods were delivered to the consumer to the place where he resided at the time of the conclusion of the contract, LOCALO is obliged to collect the goods at his own expense, when due to the nature of the goods it is not possible to send them back in the usual way by mail. 12 The consumer shall be liable for any diminution in the value of the goods resulting from the use of the goods beyond what is necessary to ascertain the nature, characteristics and functioning of the goods, unless the entrepreneur failed to inform the consumer of the right to withdraw from the contract as required by Article 12(1)(9) of the Consumer Rights Act.
- Consumer - a natural person entering into an agreement with LOCALO, the subject matter of which is not directly related to his/her business or professional activity, arising in particular from the subject matter of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Appendix No. 2.
Statement on the loss of the right to withdraw from the contract
(This form should be completed and sent back only if you wish to withdraw from the contract)
Addressee: LOCALO sp. z o.o. based in Wrocław, Plac Solny 14/3, 50-062 Wrocław.
I hereby inform of my withdrawal from the sales contract.
Date of commencement of service: ___
Name and surname of the consumer: __
Consumer's address: __
Service number * __
Invoice number / transaction number from receipt * __
Bank account number for refund :__
Consumer's signature (only if the form is sent in hard copy): _
Date: __
(*) It is not mandatory to provide the indicated data, however, it will streamline and speed up the refund process.
Appendix No. 3.
Declaration of no right to withdraw from the Sales Contract
I agree to the immediate performance and delivery of the digital content and acknowledge that with the delivery of the digital content, I will lose my right to withdraw from the contract.