BRILL AV MEDIA ONSINCH – TERMS OF SERVICE
 

 

1. Introductory provisions
   1. These Terms of Service issued by the company BRILL AV MEDIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (hereinafter referred to as "BRILL AV MEDIA"), Identification no.: NIP 1070003205, with its registered seat ul. Ojca Aniceta 7, 03-264 Warszawa, Mazowieckie, incorporated in the Commercial Register kept with KRS 0000246063, reg. no. 140359333, inset 140359333, provide for the rights and obligations connected with the use of BRILL AV MEDIA on OnSinch application by the User.
   2. These Terms of Service are applicable on legal relationships between BRILL AV MEDIA and the User stemming from the use of BRILL AV MEDIA on OnSinch application and represent an inherent and inseparable part of the User Agreement which is concluded between BRILL AV MEDIA and the User by clicking the “Register” button upon completing the registration form available at https://bavm.onsinch.com/signup. Expressing consent with these Terms of Service is necessary for completing the registration and setting up a User account.
   3. BRILL AV MEDIA on OnSinch application allows the User to register for scheduled jobs rendered by BRILL AV MEDIA for various contractors, receive from BRILL AV MEDIA monetary remuneration for hours worked, make requests for transfers of wages to his bank account, provide personal information about himself and administer such information as well as other activities made possible by the BRILL AV MEDIA on OnSinch application settings.

 

2. Definitions
   1. The following definitions and rules of interpretation in this article apply in these Terms of Service:
      1. Terms of Service: this document, which outlines the rights and obligations of the Client and the User.
      2. App: internet application BRILL AV MEDIA on OnSinch accessible from URL https://bavm.onsinch.com.
      3. User Agreement: agreement on use of the App concluded between BRILL AV MEDIA and User.
      4. Client: BRILL AV MEDIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Identification no.: NIP 1070003205, with its registered seat ul. Ojca Aniceta 7, 03-264 Warszawa, Mazowieckie, incorporated in the Commercial Register kept with KRS 0000246063, reg. no. 140359333, inset 140359333.
      5. User: a person performing registration in the App or having his User Account set up.
      6. User Account: user interface allowing a registered User to interact with the App and its functionalities.
      7. Civil Code: The Civil Code of the Republic of Poland, as amended.
      8. GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

 

3. Registration and User Account setup
   1. Users aged 15 and older residing in Poland are permitted to register and set up a User Account. For users aged 15 to 18, the registration process and use of the App require consent from their legal guardian(s). BRILL AV MEDIA reserves the right to request proof of such consent at any time. Users under the age of 15 are not permitted to register or use the App.
   2. A User Account is created by conclusion of the User Agreement or by registration confirmation pursuant to provision 3.5., if applicable.
   3. The User Agreement is concluded in electronic form by clicking the “Register” button at https://bavm.onsinch.com/signup after all mandatory personal data are correctly entered into the registration form, consent with these Terms of Service is given, and the Privacy Policy is taken into account by the User by ticking the respective boxes.
   4. In the process of registration, the User must provide his name, surname, e-mail address, telephone number, date of birth, gender, and password. By clicking the “Register” button, the User takes full responsibility for the accuracy and validity of the data he entered into the registration form. Data entered by the User into the registration form are considered by BRILL AV MEDIA as accurate and valid.
   5. BRILL AV MEDIA reserves the right to require additional confirmation of registration from the User, which shall be provided by clicking the confirmation link sent to the User via email. If additional confirmation is required by BRILL AV MEDIA, the User is obliged to provide such confirmation in accordance with the instructions stated in the email message to successfully complete the registration and have the User Account set up.
   6. BRILL AV MEDIA has the right to require the User to verify the personal data provided by him during registration or later in his User Account if there are doubts about the accuracy or validity thereof. Should the User fail to comply with such a requirement, BRILL AV MEDIA is entitled to block the User Account and withdraw from the User Agreement.
   7. The User accesses the App via his User Account by entering a correct combination of username (email address) and password he provided during registration.

 

4. User Account Administration
   1. Each User may have only one active User Account set up.
   2. User is not permitted to allow third persons to use his User Account and is obliged to keep confidential the data he uses to access the App. BRILL AV MEDIA is not responsible for any damage sustained by the User due to failure to comply with the obligation set out in the previous sentence.
   3. User may retrieve a lost or forgotten password by clicking the “Forgotten password” link under the sign-in form and complying with stated instructions and conditions.
   4. User is obliged to notify BRILL AV MEDIA without undue delay about any changes to his personal information provided during registration or later in his User Account. User notifies BRILL AV MEDIA by changing his personal information accordingly in his User Account. User acknowledges that it is not possible to unilaterally change his name and surname used during registration.
   5. User acknowledges that the App and his User Account may not be accessible nonstop (24/7). BRILL AV MEDIA reserves the right to unilaterally and without prior notice make changes in services provided through the App or to completely stop rendering such services. Furthermore, BRILL AV MEDIA reserves the right to perform maintenance works on hardware or software infrastructure of the App, which may result in temporary unavailability of the App. BRILL AV MEDIA bears no responsibility for any damage or hardship sustained by the User in connection with changes to the App or its unavailability and/or inaccessibility of the User Account.
   6. User shall report to BRILL AV MEDIA any problems with the App or User Account without undue delay after discovery via email to
      it@brill.pl. Reports may also be made via the respective form in the App.

 

5. Use of the App
   1. User may start using the App upon conclusion of the User Agreement, i.e. successful completion of the registration.
   2. User undertakes to use the App in accordance with these Terms of Service and applicable general binding laws.
   3. After the first sign-in, the User shall familiarise himself with the guide on how to use the App, which is available in his User Account.
   4. User must comply with general security rules when using the App, especially protect his access information and passwords against any act of unauthorised disclosure and sign out of his User Account immediately after finishing the session with the App.
   5. User is fully responsible for all actions performed via his User Account. If the User discovers that his User Account has been compromised or unlawfully interfered with, he shall immediately notify BRILL AV MEDIA in writing (e.g. via email) and provide all necessary information to BRILL AV MEDIA.
   6. Reasonably soon upon receipt of notification provided for in provision 5.5., BRILL AV MEDIA will block the access to the App for the User Account in question. The User Account may be subsequently unblocked upon the User’s written request provided that his identity has been validated by reasonable means by BRILL AV MEDIA.
   7. Unless stated otherwise, using the App and its functionalities is free of charge. User acknowledges and confirms that using certain advanced functionalities of the App may be subject to payment. Any potential fees will be listed by BRILL AV MEDIA in the App.
   8. User may request a transfer of finances he has accumulated in the App to his bank account kept with a bank or other supported financial institution seated in Poland. User is also permitted to make a request for payment of finances he has accumulated in the App in cash. Payments in cash are made during the scheduled paydays in BRILL AV MEDIA’s office. The User may request a transfer or cash payment of either all his finances or just part thereof.
   9. Under the User Agreement, the User is prohibited from:
      1. using the App/User Account in a manner which may result in damaging other persons’ rights, freedoms, or interests;
      2. using the App/User Account in a manner which may result in committing a crime or public offense;
      3. using inappropriate language, insulting other persons, or posting content contrary to good manners;
      4. posting commercial messages and ads without prior consent of BRILL AV MEDIA;
      5. posting data containing malicious code (viruses etc.) or posting links leading to such malicious data or codes;
      6. using or trying to use in the App/User Account a software enabling automated reading or collection of the data;
      7. posting misleading or wilfully incorrect information.
   10. Any content that breaches the rules set out in provision 5.9 of these Terms of Service may be blocked or removed from the App by BRILL AV MEDIA without prior notice or warning.
   11. By concluding the User Agreement, the User is granted no rights or licenses to the source code of the App, its graphical user interface, or any other of its parts or components protected by the applicable intellectual property legislation. User is prohibited from modifying, editing, reproducing, or communicating to the public any parts of the App, using them for creating derivative works, or implementing them into collective works.
   12. BRILL AV MEDIA is responsible exclusively for the content published in the App by BRILL AV MEDIA.

 

6. Termination of User Account
   1. User may terminate (delete) his User Account if there are no remaining accumulated finances (i.e. the account balance is zero). By deleting the User Account, the User Agreement is terminated.
   2. The User Account may be blocked or deleted by BRILL AV MEDIA without prior notice if the User breaches any of his duties set out in the User Agreement, these Terms of Service (especially in provision 5.9.), or applicable binding laws.
   3. BRILL AV MEDIA reserves the right to block or delete the User Account which is not accessed by the User for more than 2 years.

 

7. Communication
   1. All communication related to the User Agreement or the use of the App in general will be delivered by BRILL AV MEDIA to the User via the User Account, email, or letters sent to the postal address provided by the User in his User Account or registration form.
   2. BRILL AV MEDIA may choose, with respect to the circumstances, which form of communication with the User will be used in each individual case. The communication is considered to be delivered at the moment of its display in the User Account, or 48 hours after the email message was sent to the User. In the case of communication via post, the letter is considered to be delivered on the third working day after it was handed over to the postal service for delivery. Letters sent abroad are delivered at the latest on the fifteenth day after they were sent.
       
8. Privacy
   1. BRILL AV MEDIA is the controller of the User’s personal data in accordance with the GDPR.
   2. Information about the processing of personal data in accordance with Article 12 of the GDPR is provided to the User in a document called Privacy Policy, which is available to the User before concluding the User Agreement and anytime after that in the App.
   3. BRILL AV MEDIA may provide additional information about the processing of personal data in the App (e.g., next to the fill-in forms).

 

9. Final Provisions
   1. Rights and obligations of the User and BRILL AV MEDIA are governed by these Terms of Service and applicable laws of Poland, especially the Civil Code.
   2. If any provision of these Terms of Service is found to be to any extent illegal, invalid, or incapable of being enforced, such provision shall be excluded to the extent of such invalidity or unenforceability. All other provisions hereof shall remain in full force and effect and, to the extent permitted and possible, the invalid or unenforceable provision shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
   3. These Terms of Service may be unilaterally changed or amended by BRILL AV MEDIA at any time. The rights and obligations created under the previous version of these Terms of Service are not affected by such changes or amendments, unless stated otherwise. The change or amendment will be notified to the User at least 14 days before it comes into effect. The User may refuse to agree with such change or amendment, in which case he will notify BRILL AV MEDIA in writing (e.g., via email) about such refusal. In such a case, the parties may terminate the User Agreement with a notice period of 14 days commencing on the date of delivery of the written notice of termination by either party to the other.
   4. These Terms of Service come into effect on 2.12.2024.