Thank you for visiting our website available at http://indexingroots.com (hereinafter referred to as: “the Internet Website”, “the Website”, “IndexingRoots”).

The form of these terms of use assumes that general terms and conditions of using the Website are established, especially the terms and conditions of using Electronic Services available on the Website, placing Orders, concluding and executing contracts concluded via IndexingRoots.

If you decide to use Indexingroots.com, these terms especially regulate the rules of using the Internet Website, including the matters related to our responsibility.

Please read our terms of use,
IndexingRoots Team

1. About us

1. The owner of IndexingRoots is Tоmasz Jаnkowski, conducting a business activity under the name GenSeаrch Tоmasz M. Jаnkоwski, entered into the Business Activity Central Register and Information Record for the Republic of Poland, kept by the minister suitable for economics matters, having: the following address for the place of business and delivery address: Ks. Kоnstаntego Dаmrota 39/12, 50-306 Wrocław, Poland, European Union, NIP (Tax Payer ID No.) 8982100189, REGON (Business ID No.) 022390426, e-mail address: research[ at ]indexingroots.com (hereinafter referred to as: “the Service Provider” or “the Administrator”, replace [ at ] with @ hereinafter).

2. The Administrator administers the Internet Website and shall be responsible for providing correct Electronic Services within the Website.

2. Definitions

1. Definitions included in these Terms of Use shall mean the following:
     a. RESEARCH – a series of research-related actions undertaken by the Service Provider in order to receive Complete Information from one Document.
     b. BLOG – an Electronic Service consisting of articles, webinars, video content, and other information in a subject-related order, available on the Internet Website and provided by the Service Provider for all visitors of the Internet Website.
     c. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
     d. DOCUMENT – written, non-written, and audio-visual media serving as a proof for one event which is a subject of analysis.
     e. CONTACT FORM – an Electronic Service, an interactive form available in the Contact tab, allowing you to contact the Service Provider and send a query.
     f. ORDER FORM – an Electronic Service, an interactive form available on the Internet Website, allowing the Service User to place an Order.
     g. INDEX – a collection of Records.
     h. CIVIL CODE – the civil code act of the Republic of Poland of 23 April 1964 r. (Journal of Laws No. 16, item 93, as amended).
     i. ACCOUNT, SERVICE USER ACCOUNT – an Electronic Service marked with an individual e-mail address and a password provided by the Service User, a collection of resources in the teleinformation system of the Service Provider’s Website, in which data provided by the Service User and the information on Orders placed by the Service User, as well as on other actions performed within the Internet Website is stored.
     j. ELECTRONIC PAYMENTS, PAYPAL ELECTRONIC PAYMENTS – services of electronic payments or payments with payment cards, available on the Internet Website via PayPal, in accordance with these Terms of Use and the terms of use of these services specified by PayPal.
     k. CONSULTATION – a one-time non-binding and auxiliary opinion offered to the Service User as an addition to Research
     l. NEWSLETTER – an Electronic Service, a distributive electronic service provided by the Service Provider via e-mail, allowing Service Users who sign up for Newsletter to automatically receive Service Provider’s regular content with information on new items and sales on the Internet Website.
     m. COMPLETE INFORMATION – information resulting from the Document which was not included in the Record.
     n. RESEARCH PLAN — a service offered by the Service Provider which is a subject of the Sale Contract as a package of Research for several Documents.
     o. COPYRIGHT – an act on copyright and related rights for the Republic of Poland of 4 February 1994 (Journal of Laws No. 24, item 83, as amended).
     p. DIGITAL CONTENT – webinars, texts materials, and any audio-visual materials available on the Website.
     q. TERMS OF USE – these terms of use of the Internet Website.
     r. INTERNET WEBSITE, WEBSITE, INDEXINGROOTS – Service Provider’s Internet website available at http://indexingroots.com.
     s. ELECTRONIC SERVICE – a service provided electronically by the Service Provider for the Service User via the Internet Service in accordance with the Terms of Use.
     t. SERVICE USER – (1) a natural person with a full legal capacity and, in cases foreseen by the commonly applicable provisions of law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal identity which is granted legal capacity by the act; who uses or intends to use an Electronic Service.
     u. SERVICE PROVIDER, ADMINISTRATOR – Tоmasz Jаnkоwski conducting a business activity under the name GenSearch Tоmаsz M. Jаnkowski, entered into the Business Activity Central Register and Information Record for the Republic of Poland, kept by the minister suitable for economics matters, having: the following address for the place of business and delivery address: Ks. Konstаntegо Dаmrota, 39/12, 50-306 Wrocław NIP (Tax Payer ID No.) 8982100189, REGON (Business ID No.) 022390426, e-mail address: research[ at ]indexingroots.com.
     v. CONSUMER RIGHTS ACT, THE ACT – the act of the Republic of Poland of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827, as amended).
     w. THE ACT ON MEDICAL ACTIVITY – the act of the Republic of Poland of 15 April 2011 on medical activity (Journal of Laws 2011 no. 112 item 654, as amended)
     x. RECORD – an entry in the IndexingRoots database, regarding one person, in a visualized form of a line in search results.
     y. SEARCH ENGINE – a free-of-charge Electronic Service, a search engine available to all Service Users on the Internet Website, allowing users to search for content posted on the Internet Website.
     z. ORDER – a declaration of Service User’s intent aiming directly at purchasing a Consultation.

3. About IndexingRoots

1. IndexingRoots is a platform allowing users to obtain information on the origin of their families. For this purpose, the website makes the following services available: genealogical research of selected archive sources about deceased persons and consultation services regarding genealogical research.

2. The Service Provider is responsible for providing Electronic Services specified in the Terms of Use and shall provide them without defects. The Service Provider is legally authorized to provide advice and information on offered services, and exercises due care to ensure that taken actions comply with the applicable standards, the code of conduct, and confidentiality rules.

4. General terms of using the Internet Website

1. The Service User shall use the Internet Website in a way that complies with law and good practice, respecting the Service Provider’s, other Service Users’, and third parties’ personal rights, copyrights, and intellectual property rights. The Service User shall enter accurate and complete data. The Service User shall not provide illegal content.

2. The Service User shall use Electronic Services provided by the Service Provider for the purposes of their own, private and non-commercial research.

3. Technical requirements necessary to work with the teleinformation system used by the Service Provider: (1) a computer, laptop, tablet, smartphone, or other multimedia device with an Internet access; (2) access to email; (3) any web browser; (4) enabling a function of saving Cookies and Javascript support in a web browser.

5. Electronic services available on the Website

1. Any Service User can use the Internet Website on the conditions specified in the Terms of Use.

2. On the Internet Website, the Service User can use the following Electronic Services:
     a. A blog
     b. A contact form
     c. An order form
     d. An account
     e. A newsletter
     f. A web browser

3. A detailed description of the Electronic Services and the rules of their functioning are available in the Terms of Use and on the Internet Website.

4. The Service Provider shall provide Electronic Services free of defects.

5. A blog is available to all visitors of the Internet Website. Using the Blog is free-of-charge and the Blog can be accessed upon going to a proper tab on the Website. The Service User can stop using the Blog at any time and without providing any reasons for that, by closing the web browser.

6. Using the contact form is possible after (1) filling in the contact form and (2) clicking the field “Send” on the Website, after filling in the form – until this moment, it is possible to modify the entered data on your own. In the form, it is necessary that the Client provides the following data: name, email address, and the content of the message. The Electronic Service of the contact form is provided free-of-charge and is a one-time service, ending at the moment of sending the message via this service or when the Service User stops using the contact form earlier.

7. Using the Newsletter is free-of-charge and requires creating an Account.

8. A user is subscribed to the Newsletter by marking a proper checkbox in the “Family Finder” tab visible on the Internet Website, and clicking “Save”. A user can also subscribe to the Newsletter also by marking a proper checkbox when creating an Account – at the time of creating the Account, the Service User is subscribed to the Newsletter.

9. A Service User can unsubscribe from the Newsletter (cancel the Newsletter subscription) at any time and without stating their reasons for that, by unchecking the checkbox in the “Family Finder” tab or “Settings”, using a proper option available suitably in a message received within the Newsletter or by sending a proper request to the Service Provider, especially via electronic mail at: research[ at ]indexingroots.com. Using a Search Engine starts when the user goes to a proper tab available on the Internet Website, enters a last name and place of residence, and clicks the action field. Using a Search Engine is a one-time service and ends after the usage.

6. Terms of using an order form

1. Using the Order Form starts when the Service User selects one service out of those available on the main page of the Internet Website. The Order is placed after the Client performs two consecutive steps – (1) after they fill in the Order Form and (2) click the field “Order” on the Internet Website after filling in the Order Form – to this moment, it is possible to modify entered data on your own (for this purpose, it is necessary to follow displayed messages and information available on the Internet Website).

2. In the Order Form, it is necessary that the Service User provides the following data regarding the Service User: first and last name/company name, address (street name, house/flat number, postal code, town, country), email address, phone number, payment method and – in case of ordering Consultation services — at least one last name and the place (region) of origin of a family of this last name.

3. The Electronic Service of the Order Form is provided free-of-charge and is a one-time service ending at the moment of placing the Order via this service or when the Service User stops placing the Order earlier via this Service.

7. Terms of using a service User’s account

1. It is possible to use the Service User’s account after the Service User performs two consecutive steps – (1) filling in the registration form and (2) clicking the “Register” field – at this time the contract for using the Account is concluded between the Administrator and the Service User. In the registration form, it is necessary for the Service User to provide the following data: an email address and a password.

2. The Electronic Service of the Service User’s Account is provided for an indefinite time and free-of-charge. The Service User can delete their Account (give up the Account) at any time and without stating their reasons for that, by sending a proper request to the Administrator, for instance by using a “Settings” tab via the contact form, email by writing at: research[ at ]indexingroots.com.

8. Electronic payments and electronic delivery

1. The Internet Website allows the Service Users to use the following payment methods: a bank transfer or PayPal electronic payment services.

2. Payment methods are indicated when the Order is placed via the Order Form.

3. Electronic payments and card payments via PayPal service – currently available payment methods are determined on the Internet Website in the information tab regarding payment methods. The settlements of transactions with electronic payments and a payment card are conducted as selected by the Client, via PayPal. Electronic and card payments are supported by:
     a. PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. floor 22–24 Boulevard Royal, L-2449, Luxembourg.

4. The Seller makes the following electronic methods of delivering purchased Digital Content available to the Client:
     a. Electronic mail.

5. Electronic mail service means that the Client is sent Digital Content via email or by sharing a unique Internet link (URL address) allowing the Client to download and share Content.

6. Electronic mail service is free-of-charge.

7. The results of conducted Research are provided to the Client within max. 3 months from the purchase of a selected Research Plan.

9. Terms of purchasing Research Plans and Consultations

1. The following paid services are available on the Website: Research Plans and Consultations.
2. Research Plans offered by the Service Provider include a specified scope of Research of the Documents, to be used for a definite period of time. The scope of Research in the Research Plan is specified in every case for the Order on the Website.

3. Consultation is a one-time service of max. 2 hours, including:
     a. max. 1 hour via Skype,
     b. max. 1 hour for Client’s queries.

4. The procedure of purchasing Research Plans and Consultation via the Order Form is as follows:
     a. Consultation and a selected Research Plan is purchased after the Service User places an Order via the Order Form;
     b. After placing the Order, the Service Provider immediately confirms that the Order has been received and, at the same time, accepts the Order for execution. Order receipt and its acceptance for execution are confirmed when the Service Provider sends the Service User a suitable email message to the Service User’s email address provided when placing the Order; such a message should include at least a Service Provider’s statement of having received the Order and its acceptance for execution, as well as the confirmation of having concluded the contract. The contract is concluded at the time when Service User receives the above mentioned email message.

5. If the Client purchases several Research Plans with different terms of validity, it results in extending the terms of validity of the remaining Research Plans automatically to the longest term of validity.

6. The content of the concluded contract is recorded, secured, and shared to the Service User by (1) sharing these Terms of Use on the Internet Website and (2) sending the email message mentioned in section 9 (4) of the Terms of Use to the Service User. The content of the contract is additionally recorded and secured in the IT system of the Service Provider’s Internet Website.

7. Consultation is provided within the scope indicated in the Order placed by the Service User and in accordance with the description of a given Consultation on the Internet Website. Online Consultation is provided via Skype or email, after previously agreeing with the Service Provider on a date and time of the service. Consultation does not include Research in Documents which are and which are not included in the Index.

8. In case of booking a date for the purchased service and a failure to inform about the will to change that date or to cancel the service at least 7 business days before the set date, the Service Provider reserves the right to charge the amount equivalent to the value of the purchased service with the amount incurred by the Service Provider in the preparation of the service or consultation.

9. The Service Provider shall not be liable for the consequences of the Service User providing incomplete or inaccurate information, concealing important facts, or failing to present all required circumstances.

10. When a Document selected personally by the Service User turns out to be incorrect, and especially not related to the Service User’s family, the Service Provider shall not be responsible for Research results which do not meet the Service User’s expectations, and such a situation shall not be a basis for the return of costs for the purchased Research Plan.

11. The Service Provider shall not be liable for the Research results which do not meet the Service User’s expectations, and especially such a situation shall not allow for the return of costs for the purchased Research Plan.

12. Research result depends on the actual circumstances and the accuracy of the Documents selected by the Service User.

13. If the deadline for using the Research Plan passes and not all Research services available within the Research Plan are ordered, the fee for the Research Plan shall not be returned.

14. The Service Provider shall keep the information and documents obtained from the Service User via the Internet Website secret, which especially includes those related to the subject of Consultation. Any information and documents sent within the Consultation and obtained during the Consultation, including the Consultation itself, are secret and cannot be used by any person for any purpose other than for the provided Consultation.

10. Contacting us

A basic form of ongoing distance communication with the Clients is a contact form available on the Website, email (email address: research[ at ]indexingroots.com), via which the Clients can exchange information on the usage of the Internet Website with the Service Provider. Service Users can also contact us by other means allowed by law.

11. Complaints regarding the website and electronic services

1. Complaints related to the functioning of the Internet Website and Electronic Services can be filed for instance by the Service User via email (at research[ at ]indexingroots.com).

2. The Service Provider recommends that the following data is provided in the description of the complaint: (1) information and circumstances regarding the subject of complaint, and especially the type of fault and the date of its occurrence; (2) the claim; and (3) contact data of the person filing the complaint, which will facilitate and speed up the processing of the complaint. Requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints filed without a recommended description of the complaint.

3. The Service Provider shall immediately address the complaint, not later than within 14 calendar days from the time of filing the complaint.

12. Consumer withdrawal from the contract

1. This section of the Terms of Use applies only for the Service Users who are consumers, and does not apply to contracts concluded between them and the Service Provider.

2. The right to withdraw from the contract concluded remotely does not apply to a consumer in relation to contracts (1) for the provision of services, if the Service Provider has fully performed the service with the express consent of the consumer, who, before the service started, had been informed that after the Seller provides the service, the consumer loses the right to withdraw from the contract; (2) for the provision of digital content which is not stored on physical carriers, if the service provision started with the express consent of the consumer before the deadline for withdrawing from the contract and after the consumer is informed by the Seller about losing the right to withdraw from the contract.

3. Subject to section 12 (2) of the Terms of Use, the consumer who concluded a remote contract can withdraw from this contract within 14 calendar days without stating the reason for that and without covering any costs, subject to section 12 (4) of the Terms of Use.

4. If the consumer exercises the right to withdraw from the contract for the provision of services that are longer than 14 days and after sending the request for starting the provision of services before the deadline to withdraw from the contract for the provision of such services, such a consumer shall pay for the services provided until the moment of withdrawing from the contract. The amount to be paid shall be calculated proportionally to the scope of provided services, considering the price or remuneration included in the contract. In case of excessive price or remuneration, such an amount shall be calculated based on the market value of provided services.

5. In order to keep the deadline for withdrawing from the contract, it is sufficient to send a statement before the deadline. A statement on withdrawing from the contract can be filed, for instance, in writing at the following address: Ks. Konstantego Damrota 39/12, 50-306 Wrocław or in electronic form via email at: research[ at ]indexingroots.com.

6. The period for withdrawing from the contract for the provisions of services starts on the day of concluding the contract.

13. Extrajudicial methods of processing complaints and pursuing claims

1. This section of Terms of Use applies only to Service Users who are consumers.

2. Detailed information on the possibility for the Client who is a consumer to use extrajudicial methods of processing complaints and pursuing claims as well as the principles of accessing these procedures are available on the website of the Office for Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

3. The consumer has the following exemplary possibilities to use extrajudicial methods of processing complaints and pursuing claims: (1) a petition to solve a dispute sent to an arbitration consumer court (more information available at: http://www.spsk.wiih.org.pl); (2) a petition on solving a dispute extrajudicially sent to an inspector of the Trade Inspection (more information available on the website of an inspector suitable with regard to the place of Seller’s operations; and (3) the support of district (city) consumer advocate or social organization whose statute-based tasks include consumer protection (i.e. Federacja Konsumentów [EN: Consumer Agency], Stowarzyszenie Konsumentów Polskich [EN: Polish Consumer Association]). Advice services are provided, among others, by email at porady@dlakonsumentow.pl and under the consumer helpline number: +48801440220 (helpline is open on Business Days from 8 a.m. to 6 p.m., fees as per the network operator’s price plan).

4. An online platform of the system for solving disputes between consumers and entrepreneurs at the level of the European Union (ODR platform) is available at http://ec.europa.eu/consumers/odr. An ODR platform is an interactive and multilanguage website with a point of comprehensive support for consumers and entrepreneurs aiming at extrajudicially solving the dispute regarding contractual liabilities resulting from an online sales contract or a contract for the provision of services (more information is available on the website of the platform or on the website of the Office for the Competition and Consumer Protection at: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

14. Provisions on entrepreneurs

1. This section of the Terms of Use applies only to Service Users (including Sellers) who are not consumers.

2. The Service Provider can terminate the contract for the provisions of Electronic Services with the Service User who is not a consumer, with an immediate effect and without naming any reasons for termination, by sending such a Service User an appropriate statement. Deleting the Account leads to simultaneous removal of sale offers for Products placed for sale by the Seller from the Internet Website (excluding the offers already accepted by the Buyer).

3. The Service Provider has a right to withdraw from the contract for the provisions of Electronic Services concluded with a Service User who is not a consumer, within 14 calendar days from the date of concluding such a contract. In this case, it is allowed to withdraw from the contract without stating any reason for that and it does not result in any claims of such a Service User against the Service Provider.

4. Any disputes arising between the Service Provider and a Service User who is not a consumer shall be solved by the court competent for the Service Provider’s seat.

5. The Service Provider shall not be liable towards the Service User who is not a consumer for damages and the failure to fulfill liabilities arising from any errors and technical breakdowns and maintenance breaks.

6. The Service Provider shall be liable towards the Service User who is not a consumer, regardless of the legal basis for such liability, only to the amount of payments made to the Service Provider by such a Service User for using Electronic Services on the Website. The Service Provider is liable to the Service User who is not a consumer for typical and actually suffered damages at the time of concluding the contract, excluding lost profits.

15. Copyright

1. Copyrights and intellectual property rights to the Internet Website as a whole and to its individual elements, including content, graphics, pieces of work, templates, and marks available as a part of the Website belong to the Service Provider or other authorized third parties and are subject to the Copyright protection and other commonly applicable provisions of law. The protection awarded to the Internet Website includes all forms of expressing them.

2. Service Provider’s and third parties’ commercial marks should be used in accordance with the applicable provisions of law.

16. Final provisions

1. Contracts concluded via IndexingRoots are concluded in English.

2. The Service Provider reserves the right to introduce changes for important reasons including: changes of laws; changes in the scope or form of provided Electronic Services – in the scope in which these changes affect the execution of provisions of these Terms of Use.
     a. In case of concluding the contract of a continuous character based on these Terms of Use (e.g. provision of the Electronic Service – Account), changed terms of use are binding for the Service User if the requirements specified in art. 384 and 384[1] of the Civil Code have been met, i.e. the Service User was correctly informed about the changes and did not terminate the contract within 14 calendar days from the date of having been informed. If the change in the Terms of Use resulted in the introduction of any new fees or the increase of existing ones, the Service User who is a consumer has the right to withdraw from the contract.
     b. If, based on these Terms of Use, contracts other than of a continuous character have been concluded (e.g. Purchase Contract), changes in the Terms of Use will in no way violate the acquired rights of Service Users who are consumers before the effective date of changes to the Terms of Use, and especially changes in the Terms of Use shall not affect the already placed Orders or Orders being placed, as well as executed or delivered Purchase Contracts.

3. To all matters not settled herein, the commonly applicable provisions of Polish law shall apply, especially: the Civil Code; the act on providing electronic services of 18 July 2002 (Journal of Laws 2002 no. 144, item 1204, as amended); Act on Consumer Rights and other applicable provisions of commonly effective law.

Thank you for carefully reading this document!

If there are any questions, we remain at your disposal – please contact us using the data provided at the beginning.
IndexingRoots Team