Terms of the Service BananaCV.com
I. General provisions
- Service Provider - Jungle Company having its registered office in London, 8 Royal Parade, W5 1ET London, Great Britain, registered in HM Revenue & Customs under number 9213556084, address of electronic mail: firstname.lastname@example.org
- User - any person that uses the Service, including Customer and Affiliate; Service User may be a natural person having the full legal capacity to act.
- Customer - any natural person being a consumer or entrepreneur, a legal person or an organisational unit without legal personality, having the legal capacity to act, who has placed an order for selected paid services offered by the Service Provider within the Service.
- Consumer - any natural person concluding an agreement for running an Account and granting access to the Service and/or placing an order for paid service in the Service, with no direct connection with his or her business or professional activities.
- Registration - conclusion of an agreement for running an Account and granting access to the Service by and between the User and the Service provider, under the terms and conditions set forth in these Terms of Service.
- Account - panel designated with an individual name (login) and password supplied by the User, activated for the User by the Service Provider within the Service, enabling the User to use functionalities of the Service, in which panel the User’s data are collected for the purpose of his or her identification, as well as information on his or her activities in the Service; there are the following Account types: Individual Account, Business Account, Affiliate Account.
- Individual Account - Account that is created free of charge and provides the User, for an unlimited period of time, with access to a set of basic templates and tools of the CV creator as part of the basic package “Free Banana” with an option to purchase access to paid premium packages: “Small Banana” and “Big banana”, which packages provide an extended scope of functionalities of the creator with a specified subscription period - 7 days or 90 days - for the User’s private use.
- Business Account - paid Account that provides access to full set of templates and tools of the creator of CVs and cover letters offered by the Service, with an option of unlimited generation and modification of CVs and cover letters for more than one person for a specified period of time - 30, 90 or 365 days (Silver / Gold / Platinum) - for the User’s private use or for use of other persons within the business activity performed by the Customer.
- Affiliate Account - Account that enables the User to establish cooperation with the Service Provider, under which the Affiliate shall promote services of the Service Provider as part of its activity under the terms and conditions set forth in the Affiliate Agreement and in these Terms of Service.
- Affiliate - a natural person or an organisational unit without legal personality which established cooperation with the Service Provider within the scope of promoting its services as part of the activities performed by the Affiliate in return for specified commission on the sale of services.
- Order - an action performed by the Customer, consisting in placing an order for a paid service as part of the premium packages available in the Service.
II. Terms and conditions of providing services by electronic means
- In order to use functionalities of the Service, it is necessary to meet the following technical requirements:
- having a computer, tablet, smartphone or other electronic equipment with access to the Internet;
- having an address of electronic mail (e-mail);
- using one of the following web browsers: Mozilla Firefox in minimum version 84, Opera in minimum version 71 or Google Chrome in minimum version 87;
- Adobe Reader to open PDF files.
- Due to the risk that unauthorised persons could acquire and modify User data, Users should use appropriate technical means which will protect them, as far as possible, from a/m risk, in particular Users should use equipment protected by anti-virus software and use software that protects the identity. Users are prohibited to supply any content that is illegal. The User shall use the Service in compliance with law and good practices, with respect for personal interests and intellectual property rights of the Service Provider and of any third party.
III. Terms and conditions of concluding and terminating electronic services agreements
- in case of Consumers who during Account registration/order placement did not give the consent for commencement of the provision of the service before expiration of the time limit for withdrawal from the agreement - immediately after expiration of the time limit for withdrawal from the agreement,
- in case of other Customers - upon confirmation of the provider of payment services, referred to in Chapter IV section 5, that the payment for the service was made.
- An agreement for the provision of services as part of the premium package shall be concluded for the period specified in the Service as a package subscription period, after expiration of which the subscription expires and the Customer no longer has access to additional tools available as part of a given package. After expiration of the package subscription period, the User may still use the free of charge functions of the CV creator under the basic package “Free Banana”. In the course of a given package subscription period, the Customer may purchase an additional package with a broader scope of functionalities. In order to generate a CV and/or cover letter, the User shall select the template and complete it with the following data: As long as the User has an Account in the Service, all documents generated by the User in the CV and cover letter creator are stored and archived on the User Account with a possibility to view and print.
- First and last name
- Photo (optional)
- Date of birth (optional)
- Address of residence
- Nationality (optional)
- Professional experience
- Contact phone number
- E-mail address
- Hobbies and interests
- Skills and foreign languages
- the User fails to comply with the provisions of these Terms of Service,
- the User provided untrue or outdated data during registration,
- the User uses the Service with violation of the binding laws, the principles of community life or good practises,
- the notice sent to the user requesting to cease or remedy the violations within the time limit fixed by the Service Provider expired ineffectively. In this situation an Account agreement concluded with the User being Consumer shall be terminated after expiration of fourteen days’ period from the notice of termination given to the User in electronic form to the User’s email address, whereas an Account agreement concluded with the User other then Consumer shall be terminated once the Service Provider gives a notice of termination by the Service Provider and the Account is removed. Confirmation of Account removal (termination of Account agreement) shall be sent the User by electronic means to the email address provided during Account registration.
IV. Rules for making payments for use of services offered in the Service
- The prices for services available in the Service are expressed in currency of the country, whose language was chosen by the User after the first visit on the website www.bananacv.com and they are gross prices (they include the goods and services tax). The actual price list for premium packages and Business Account is available in the tab PRICE LIST. Should the price list be modified, the prices from the date of placing an order/commencement of registration of Business Account shall be effective. If the Customer requests to issue and invoice, he or she shall provide any necessary data, whereas the personal identification number to the invoice should be provided while placing an order at the latest. The Service Provider shall not be liable for providing by the Customer false or incomplete data to the invoice. Granting access to the premium package, as well as setting up Business Account is conditioned on making the payment for the service. Payments may be realised through:
- Przelewy 24 system
- STRIPE online platform
- PayPal system
- Payments may be realised only by persons authorised to use a given instrument, based on which the payment is made. In particular, a given payment card may be used only by its authorised owner. Any cases of misuse identified by the Service Provider or payment operator shall be reported to relevant prosecuting authorities.
- Any trademarks, service marks and names used in the Services are the property of the Service Provider, or the right to use them arises from separate agreements with the parties entitled. Any photos, text data, graphic data, including layout of CV templates and cover letters, which are available in the Service are copyrighted. It is prohibited to copy and distribute them, to use them for commercial purposes and for the purpose of publication on other websites without the Service Provider’s consent, which consent shall be in writing in order to be valid. The User shall acquire the right of ownership of the CVs and cover letters generated in execution of the Agreement. Except for business Customers, who have the right to generate documents for the benefit of other persons within their business activity, the other Customers may use the documents received only for their own use (permitted private use). It is prohibited to download the content of the databases that are made available in the Service and to re-use them, in whole or in part, for commercial purposes.
VI. Liability and role of the Service owner
- The Service Provider undertakes to make every effort to ensure that the Service operates without any interference, errors and inconvenience for Users. The Service Provider shall be liable for non-performance or undue performance of services within the scope provided for in these Terms of Service or in the binding laws. The Service Provider reserves a possibility of breaks in operation of the Service, which might occur due to the necessity to carry out repair and maintenance works or to create a backup. As far as possible, if the afore-mentioned works don’t result from failures but from scheduled activities, the Service Provider undertakes to inform Users about this fact, specifying an estimated duration of breaks in operation of the Service. The User, who as a result of failures attributable to the Service Provider, is unable to use services, shall report this fact to the service Provider in the form of a complaint. The Service Provider shall immediately undertake any steps to restore proper operation of the Service. The Service Provider shall not be liable for:
- any content entered into the creator’s fields by the User,
- any damages caused as a result of or in connection with use of the Account contrary to these Terms of Service, in particular for any illegal content downloaded and distributed by the User, as well as for any damages caused due to making the Account available to unauthorised persons.
- faulty operation of the User’s Equipment,
- limitations or interference in access to the Internet.
VII. Complaint handling procedure
- Any complaints concerning the services provided should be filed in electronic form to the email address email@example.com. The complaint shall be handled immediately, but no later than within 14 days of its receipt by the Service Provider. The User shall be notified of the outcome of the complaint handling procedure through electronic mail to the address from which the complaint was sent, unless the User specifies different correspondence address to which the response to his or her complaint should be sent. If the complaint is incomplete and this incompleteness makes it impossible to handle the complaint, the Service Provider shall promptly request the User to complete it, instructing him or her that if the complaint is not completed within the specified time limit, it shall not be further handled. After ineffective expiration of the specified time limit, the complaint shall no longer be the subject of complaint handling procedure. The fourteen days’ time limit for handling a complaint shall be counted from the day on which the User completed the complaint and it was possible to handle the same. Any differences in colour or appearance of the generated document of CV or cover letter, which result from monitor settings or quality of the image displayed on the screen of that monitor (relating to, in particular, colour saturation, shades) shall not constitute the basis for complaint.
VIII. Rights of the Customer being a consumer
- The Customer being a Consumer may withdraw from the agreement for granting access to services in the Service within 14 days of the day of its conclusion without giving the reason and without any costs incurred for the withdrawal. In order to withdraw from the agreement, it is necessary to send the Service Provider, by email to the address: firstname.lastname@example.org, a declaration on withdrawal from the agreement. The said declaration should be sent prior to expiration of the fourteen days’ period, referred to in section 1. Declaration on withdrawal from the agreement may be submitted on the form that constitutes Annex No. 1 to these Terms of Service. The Service Provider shall send the Consumer forthwith a confirmation of receipt of the declaration on withdrawal from the agreement to the Consumer’s e-mail address provided during Account Registration. In the event that the service is commenced after the Consumer submits the request, referred to in Chapter III section 15, the Consumer shall lose the right to withdraw from the agreement. In this situation he shall not have a right to request to be reimbursed for the price for the service. If the Consumer effectively withdraws from the agreement after payment of the price (but prior to commencement of the provision of the service with the Consumer’s consent, referred to in Chapter III section 15), the Service Provider shall reimburse the Consumer for the price for the service forthwith, but no later than within 14 days of the day of receipt of the Consumer’s declaration on withdrawal from the agreement, into the Consumer’s bank account from which the price was paid. The Service Provider shall reimburse the payment using the same method of payment as the Consumer used, unless the Consumer explicitly accepted different method of payment which doesn’t involve any additional costs. In the event of withdrawal from the agreement, the agreement shall be deemed not to have been concluded. The Consumer shall have a right to use out-of-court procedures to handle complaints and pursue claims. This right is voluntary. The following provisions of these Terms of Service are only for information purposes and don’t constitute an obligation of the Service Provider to use out-of-court dispute settlement procedures. The Service Provider shall make its declaration on the consent or refusal to participate in proceedings regarding an out-of-court resolution of consumer disputes on paper or other durable medium, if in consequence of the complaint made by the Consumer the dispute wasn’t resolved. The rule for conducting proceedings regarding an out-of-court resolution of consumer disputes and obligations of entrepreneurs in this regard are provided for in laws or regulations applicable by relevant entities competent to resolve consumer disputes. Detailed information concerning the possibility for the Customer being Consumer to use out-of-court complaint procedures to handle complaints and pursue claims and the rules for access to these procedures may be available in the registered offices and on the websites of relevant institutions. Making a complaint through the ODR platform: http://ec.europa.eu/consumers/odr/ The ODR platform is also a source of information regarding out-of-court forms of resolving disputes that might arise between entrepreneurs and Consumers.
IX. Affiliate program
- As part of the Affiliate Program Affiliates shall recommend, in return for payment of a commission, the services provided in the Service to their recipients/customers, offering them a discount in the form of a unique discount code for the services provided in the Service. Cooperation under the Affiliate Program is established on the basis of an Affiliate agreement concluded with the Service Provider under the rules which are individually agreed by the parties, through registration of an Affiliate Account in the Service. Upon conclusion of an Affiliate Agreement and registration in the Service, the Affiliate shall receive a dedicated discount code. Each use of the discount code generated for the Affiliate by the User when placing an order for services in the Service shall be saved in the Affiliate Account. Once the Service Provider has received payment for the service ordered with the use of a discount code, the Affiliate shall receive a commission on the sale in the amount established individually in the Affiliate agreement as a specified percentage of the gross price paid for the benefit of the Service Provider thanks to efforts of the Affiliate. Should the Customer withdraw from the agreement, the commission shall not be paid.
X. Final provisions
1. The Service Provider reserves the right to modify these Terms of Service for important reasons, in particular in case of amendments to the binding law regulations, changes in the types and scope of the services offered or the methods of payment. The Service Provider shall communicate any modifications to these Terms of Service to the Users that have an Account in the Service, by sending relevant information to their e-mail addresses. Furthermore, the Service Provider shall inform about modifications to these Terms of Service on the website www.bananacv.com, by posting on it the consolidated text of these Terms of Service.
2. The new modified Terms of Service shall be binding on the User, if he or she was notified of the modification, as described in section 1, and didn’t request to remove the Account within 14 days of receipt of the notice.
3. The Service Provider reserves the right to take the following steps:
- change the prices for services;
- implement new services/packages and remove the existing ones;
- make alterations in functionalities and subscription periods of services/packages;
- introduce and cancel promotion actions.
- Any modifications to these Terms of Service and the steps, referred to in section 3 of this Chapter shall not infringe whatsoever the rights acquired by Customers. In particular, they shall have no impact on any order placed before their entry into force, or any order accepted, processed or fulfilled during that period of duration of the agreement. Any changes in the form and nature of running the Service, in particular the change of layout, adding new functionalities, etc. shall not constitute a modification to these Terms of Service, unless the changes are contrary to the provisions of these Terms of Service. Any matters not regulated in these Terms of Service shall be subject to the following regulations: the law to govern all legal relationships established on the basis of these Terms of Service shall be the law of Great Britain. Nevertheless, choosing a foreign law shall not deprive the Consumers that concluded an agreement of their rights and the protection arising from the regulations binding in the country of habitual residence of the Consumer that may not be excluded under the agreement. The place of conclusion and performance of the electronic services agreement is the place where the Service Provider’s registered office is located. Except for the agreements concluded with the Consumer, any disputes that might arise during the performance of the agreement, which the parties couldn’t resolve in the course of amicably held negotiations, shall be submitted for resolution by the competent court having jurisdiction over the registered office of the Service Provider, unless otherwise agreed by the parties in writing in order to be valid. If the Service Provider is a party to the code of good practice, the information about this code and how to get familiar with it is available at the website www.bananacv.com. These Terms of Service shall enter into force on 14 December 2020.
Annex No. 1 to the Terms of the Service BananaCV.com
TEMPLATE FORM OF WITHDRAWAL FROM THE AGREEMENT.
(fill out this form and send it back only if you want to withdraw from the agreement)
Addressee: (Jungle Company, 8 Royal Parade, W5 1ET, London, Great Britain, registered in HM Revenue & Customs under number 9213556084
I/We (*) hereby inform about my/our withdrawal from the agreement for the provision of the following service: ……………………………..
Agreement concluded on: ………………………
consumer(s)’ first and last name ……………..
consumer(s)’ address …………………
Consumer(s)’ signature (only if the form is sent in paper form)
(*) Delete as appropriate