Before starting to use the website www.dziswlodzi.pl Service Recipients are obliged to read the content of the Terms and Conditions.
TERMS AND CONDITIONS OF THE WEBSITE
WWW.DZISWLODZI.PL
I General Provisions
II Definitions
III Type and Scope of Electronic Services
IV Conditions for the Provision and Conclusion of Contracts for the Provision of Electronic Services
V Conditions for Terminating Contracts for the Provision of Electronic Services
VI Complaint Procedure
VII Intellectual Property
VIII Liability
IX Final Provisions
I GENERAL PROVISIONS
The website operating at www.dziswlodzi.pl is run by Dynamite Dev. Mariusz Przybylski, Tax ID (NIP): 6681806982, Statistical Number (REGON): 100987658, business address and address for service: Folwarczna 40, 91-487 Łódź, Łódzkie Voivodeship, e-mail address: kontakt@dziswlodzi.pl, phone: +48 794 791 288.
The www.dziswlodzi.pl website operates on the principles set out in these Terms and Conditions.
The Terms and Conditions set out the types and scope of services provided electronically by the www.dziswlodzi.pl Service, the rules for providing these services, the conditions for concluding and terminating contracts for the provision of electronic services, as well as the complaint procedure.
Each Service Recipient, upon undertaking actions aimed at using the Electronic Services of the www.dziswlodzi.pl Service, is obliged to comply with the provisions of these Terms and Conditions.
The Author is obliged to ensure that the content submitted for publication in the Service is current and consistent with the actual facts.
All trade names, company names and their logos used on the website of the Service at www.dziswlodzi.pl belong to their owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions and photographs presented on the website of the Service at www.dziswlodzi.pl are used for informational purposes.
It is prohibited to present or provide services within the Service that are prohibited by generally applicable law.
In matters not regulated by these Terms and Conditions, the following provisions shall apply: the Civil Code; the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827); the Copyright and Related Rights Act of 4 February 1994 (Journal of Laws No. 24, item 83, as amended); the Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended); and other applicable provisions of Polish law.
II DEFINITIONS
AUTHOR – a Service Recipient who submits an article, publication, photograph, video or other content with the intention of having it posted on the www.dziswlodzi.pl website and who has agreed to the content of the Terms and Conditions.
BUSINESS DIRECTORY - an Electronic Service provided by the Service Provider, enabling entities from the Łódzkie Voivodeship to be added to the database of Users who are not Consumers, for an indefinite period, and enabling browsing of the content contained therein.
REGISTRATION FORM – a form available on the Service's website enabling the creation of an Account. The Registration Form enables the creation of an Account corresponding to a specific User.
CONSUMER - a natural person who performs a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
ACCOUNT – a collection of resources in the Service Provider's IT system, identified by an individual name (login) and password provided by the User, in which the User's data is collected.
LICENSE - a license agreement within the meaning of Chapter 5 of the Copyright and Related Rights Act of 4 February 1994 (Journal of Laws No. 24, item 83).
NEWSLETTER - an Electronic Service allowing the Service Recipient to subscribe to and receive, at the e-mail address provided by the Service Recipient, free information from the Service Provider regarding the Service.
SUBSCRIPTION PERIOD – the period, calculated in days, for which the service provided by the Service Provider has been purchased. If the service is paid for in an amount higher than one Subscription Period, it is assumed that the payment has been made for a multiple of Subscription Periods. The day following the end of the previous Subscription Period is deemed to be the day on which a new Subscription Period begins.
SMS PAYMENT – a term used to describe two independent transactions under which, first, a separate and independent agreement is concluded between the User and their telecommunications operator regarding the sending by the User of an SMS to the indicated premium-rate number, in exchange for which the User receives on their telecommunications device a string of characters (activation code), and second, the User concludes an agreement with the Service Provider for the use of a given service in exchange for entering, in the place designated for this purpose in the Service, the previously received activation code. Please keep the code received when making a payment by SMS for the purpose of any complaint or assistance regarding the advertisement activated with that code.
ENTREPRENEUR - a natural person, legal person or organizational unit referred to in Article 331 § 1 of the Civil Code, conducting business or professional activity in its own name.
TERMS AND CONDITIONS - these Terms and Conditions of the Service.
ADVERTISER - an Entrepreneur being a natural person, legal person or organizational unit without legal personality, ordering the placement of an advertisement (in the form made available by the Service Provider) in the Service, or reserving advertising space in the Service, regardless of whether it acts in its own name or in the name of or on behalf of third parties.
SERVICE - the Service Provider's website operating at www.dziswlodzi.pl.
REVIEW AND COMMENT SYSTEM - an Electronic Service made available to Service Recipients by the Service Provider, enabling the posting of reviews and comments regarding content posted on the Service.
SERVICE PROVIDER – Dynamite Dev. Mariusz Przybylski, Tax ID (NIP): 6681806982, Statistical Number (REGON): 100987658, Folwarczna 40, 91-487 Łódź, Łódzkie Voivodeship.
SERVICE RECIPIENT, USER – a natural person, legal person or organizational unit without legal personality, to which the law grants legal capacity, using an Electronic Service.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Service.
BUSINESS CARD – an Electronic Service made available by the Service Provider, enabling the presentation of an Entrepreneur's data in the Service, in particular: contact details, website address, description of business activity, informa
cerning the conditions of sale of goods and discounts.
III TYPE AND SCOPE OF ELECTRONIC SERVICES
Account,
Opinion and Comment System,
Newsletter,
Business Card,
Company Directory,
posting photos, videos, articles and other publications,
playback of videos,
using advertising services and advertising space (in particular: advertising banners, reviews and sponsored articles).
Services are provided to Service Recipients in the Website on the terms set out in the Terms and Conditions.
The Service Provider has the right to place advertising content on the Website. Such content constitutes an integral part of the Website and the materials presented therein.
IV CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
Provision of the Electronic Service specified in Chapter III point 1 letters b), c), f), g) of the Terms and Conditions by the Service Provider is free of charge.
Provision of the Electronic Services specified in Chapter III point 1 letters a) and e) of the Terms and Conditions by the Service Provider is free of charge for Consumers and chargeable for Entrepreneurs in accordance with the price list and the selected package.
Provision of the Electronic Service specified in Chapter III point 1 letter h) of the Terms and Conditions by the Service Provider is chargeable.
Payments referred to in points 2 and 3 of this chapter must be made within 7 days of the date of placing the order for the service, by bank transfer to the Service Provider's account, via SMS Payment or electronic payment services (PayNow.pl). In the case of payment via electronic payment services, the Service Recipient makes the payment before the provision of the service begins. Electronic payment services allow payment to be made via a fast transfer from selected Polish banks.
In the case of a Service Recipient who is not a Consumer, failure to credit the Service Provider's bank account with the fee for the services provided will result in the Account and the services provided being blocked. In such a case, all data entered by the Service Recipient will be stored by the Service Provider for a period of 1 month, starting from the day following the payment due date. After the expiry of the period indicated in this point, the data, together with the account, will be copied and deleted from the Website
Period for which the agreement is concluded:
- to add objective opinions and ratings under the right to freely express opinions, mainly in order to give other Users the opportunity to form an individual assessment,
- not to place advertisements for goods, services, companies, unless such action is carried out in agreement with, and with the consent of, the Website,
- not to disclose personal data without the consent of the persons to whom such data relates, unless a provision of law states that such person's data may be disclosed without their consent.
The agreement for the provision of the Electronic Service consisting of maintaining an Account for an Entrepreneur is concluded for a definite period and is terminated upon the expiry of the period for which it was concluded.
The agreement for the provision of the Electronic Service consisting of maintaining an Account for a Consumer is concluded for an indefinite period, with the possibility of termination with immediate effect.
The agreement for the provision of the Electronic Service consisting of using the Business Card is concluded for a definite period and is terminated upon the expiry of the period for which it was concluded. The Business Card allows information about the Entrepreneur to be posted, including product information together with photos.
a.i. In the event of changes to the Terms and Conditions, a service already commenced for posted product information will be carried out on the previous terms. Where the validity of the publication comes to an end, its renewal will proceed in accordance with the amended Terms and Conditions and following their acceptance by the Service Recipient.
a.ii. A User posting product information shall make every effort to ensure that the data posted by them is up to date and consistent with the actual state of affairs.
a.iii. The information found on the Website's pages does not constitute an offer within the meaning of legal provisions.
The agreement for the provision of the Electronic Service consisting of using the Newsletter is concluded for an indefinite period.
The agreement for the provision of the Electronic Service consisting of using the Business Card is concluded for a definite period and is terminated upon the Service Recipient ceasing to use this Service.
The agreement for the provision of the Electronic Service consisting of posting photos, videos, articles and other publications is concluded for a definite period and is terminated upon the Service Recipient ceasing to use this Service.
The agreement for the provision of the Electronic Service consisting of playing back videos is concluded for a definite period and is terminated upon playback of the video or upon the Service Recipient ceasing to play it back
The agreement for the provision of the Electronic Service consisting of using advertising space and banners on the Website is concluded for a definite period and is terminated upon the expiry of the period for which it was concluded.
a.i. Responsibility for the content of advertisements rests with the Advertiser,
a.ii. In the event of claims by third parties against the Service Provider as a result of advertisements being placed on the Website, the Advertiser undertakes to release the Service Provider from such claims by stepping into its place,
a.iii. Advertising agencies and other entities conducting business activity of an advertising intermediary nature, acting in the name of and on behalf of their clients, are jointly and severally liable, together with the entities they represent, for the timely payment of amounts due to the Service Provider for placing advertisements on the Website,
a.iv. The Service Provider reserves the right to refuse to post advertisements that are unlawful or infringe the rights of third parties, or in respect of which there is a reasonable concern of such unlawfulness or infringement.
Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
a computer with Internet access,
access to electronic mail,
a web browser,
enabling Cookies and Javascript in the web browser.
The Service Recipient is obliged to use the Service in a manner consistent with the law and good practice, having regard to respect for the personal rights and intellectual property rights of third parties.
The Service Recipient is obliged to enter data consistent with the actual state of facts.
The Service Recipient is prohibited from providing content of an unlawful nature.
The Service Provider reserves the right to refuse publication and to edit or remove content, including photos, videos and opinions, the nature of which violates the provisions of the Terms and Conditions or generally applicable law, in particular content that is:
commonly regarded as offensive or vulgar,
racist in nature,
pornographic or erotic in nature,
bearing the hallmarks of crimes or acts of unfair competition,
infringing copyright and intellectual property rights,
misleading Service Recipients,
advertising other websites, in particular websites competing with www.dziswlodzi.pl,
constituting SPAM or promotional material,
containing announcements of contest activities organized without the Service's consent.
V TERMS FOR TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
Termination of the agreement for the provision of an Electronic Service:
An agreement for the provision of an Electronic Service of a continuous and indefinite nature (Newsletter, Consumer Account) may be terminated.
A Service Recipient who is a Consumer may terminate the agreement with immediate effect and without stating reasons by sending an appropriate statement via e-mail to: kontakt@dziswlodzi.pl.
The Service Provider may terminate the agreement for the provision of an electronic service of a continuous nature if the Service Recipient violates the provisions of the Terms and Conditions, in particular if it provides content of an unlawful nature, after a prior ineffective call to cease the violations with an appropriate deadline set. In such a case, the agreement expires after 7 days from the date of submitting the statement of termination (notice period).
Termination leads to the cessation of the legal relationship with effect for the future.
The Service Provider and the Service Recipient may terminate the agreement for the provision of an Electronic Service within the Service at any time by mutual agreement of the parties.
VI COMPLAINT PROCEDURE
Complaints related to the provision of Electronic Services by the Service Provider:
The Service Recipient may submit complaints related to the provision of Electronic Services via the Service by e-mail to: kontakt@dziswlodzi.pl.
In the above e-mail message, as much information and circumstances relating to the subject of the complaint as possible should be provided, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the handling of the complaint by the Service Provider.
The Service Provider will handle the complaint promptly, no later than within 14 days.
The Service Provider's response regarding the complaint is sent to the Service Recipient's e-mail address provided in the complaint notification or in another manner indicated by the Service Recipient.
VII INTELLECTUAL PROPERTY
All content posted on the website at www.dziswlodzi.pl, including the name of the Service, its functionalities, graphic appearance, logotypes, graphic elements, the arrangement and composition of these elements (the so-called "layout"), trademarks, software and the database are protected by copyright and (with the exception of content posted by Service Recipients and elements used under License, transfer of copyright or permitted use) are the property of Dynamite Dev. Mariusz Przybylski, NIP: 6681806982, REGON: 100987658, Folwarczna 40, 91-487 Łódź, Łódź Voivodeship. The Service Recipient bears full liability for damage caused to the Service Provider resulting from the use of any content of the www.dziswlodzi.pl website without the Service Provider's consent.
Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of the www.dziswlodzi.pl website owned by the Service Provider, constitutes an infringement of the copyright held by the Service Provider and results in civil and criminal liability.
By submitting an article, photo, video or other publication with the intention of having it posted on the www.dziswlodzi.pl website, the Author grants the Service Provider a free, non-exclusive license to use the copyright-related property rights to the article, photo, video or other publication, in accordance with the rules set out below.
The license entitles the Service to use the article, photo, video or publication for an indefinite period of time (the license period) on the website www.dziswlodzi.pl and on the Service's official profiles on the social media platforms Facebook, Instagram and YouTube.
The license entitles the use of the article, photo, video or other publication in each of the following fields of exploitation, including:
- in terms of recording and reproduction - producing copies of the article, photo, video or other publication using any technique, including printing, reprographic, magnetic recording and digital techniques,
- in terms of trading in the original or copies on which the article, photo, film or other publications have been recorded - placing on the market, entering into computer memory, lending or renting,
- in terms of distributing the article, photo, film or other publications in a manner other than specified above - public performance, exhibition, display, playback, and broadcasting and rebroadcasting, in particular on the Internet, as well as making the article, photo, video or other publication publicly available in such a way that everyone can access it at a place and time of their own choosing.
The license entitles the use of the article, photo, video or other publication throughout the world.
Furthermore, the Author, exercising the copyright-related property and personal rights vested in them:
- consents to the Service making, without the need to obtain additional consent from the Author, adaptations of the article, photo, film or other publications, by making abbreviations, digital editing in order to adapt them to the Service's requirements, converting the photo or film into a format enabling its use in a manner chosen by the Service, changes consisting of reduction, enlargement, cropping, etc., combining with other works within the meaning of the Act on Copyright and Related Rights, and to the Service's use of these adaptations in the fields of exploitation indicated above;
- authorizes the Service to destroy the recording of the article, photo, video or other publication made by the Service, without the need to obtain additional consent from the Author.
FurthermoreThe Author declares that:
- he/she is the sole creator of the submitted article, photograph, video or publication, or holds all proprietary copyright to it, personally and independently manages his/her own copyright, no one else is authorized to represent his/her rights in this respect, and that his/her rights to the submitted content are not restricted or encumbered in any way, and that no third parties will assert any claims or demands against the Portal on account of the granted License or in connection with the Portal's exercise of the rights transferred by the Author,
- persons appearing in photographs, videos, articles or other materials, whose consent is required for their publication, have consented to the publication of the article, photograph or video and have declared that such publication will not infringe their personal rights.
- upon any request of the Portal, he/she will provide appropriate documents confirming the legal status referred to in this point of the Terms and Conditions.
By submitting an article, photograph, video or other publication to the Portal, the Author bears sole responsibility for any infringement of copyright, related rights, and personal rights of third parties, and in the event that any person asserts any claims or demands against the Portal or the Service Provider in connection with the submitted materials, I undertake to release the Portal or the Service Provider from all liability and to fully satisfy any claims of third parties in this regard.
The Portal reserves the right not to publish an article, photograph, video or submitted content in the event of a breach of the Terms and Conditions or of generally applicable laws, in particular the copyright and personal rights of third parties.
VIII LIABILITY
The Service Provider takes all measures available to it in order to protect Users' data.
The Service Provider undertakes not to disclose Users' data to third parties.
The Service Provider will make every effort to ensure that the data available on the Portal is complete and up to date and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits permitted by law and with full respect for the Consumer's rights.
Users bear full responsibility for any breach of law or damage caused by their actions on the Portal, in particular the provision of false data, disclosure of classified information or other legally protected secrets, infringement of personal rights or copyright and related rights, as well as the processing of Users' personal data inconsistently with the Portal's purposes or in breach of the provisions of the Personal Data Protection Act.
The Service Provider undertakes, to the extent possible, to inform Users in advance of any possible disruptions in the functioning of the Portal, in particular of interruptions in access.
The Service Provider shall not be liable to Service Recipients who are not Consumers:
for any damages and losses, direct or indirect (including damages for loss of business profits, interruptions in business operations or loss of business information, and other damages of a proprietary nature), arising from the use, inability to use, or malfunctioning of the Portal's software, damages arising from the shutdown or failure of the ICT system, or failure of the power grid,
in connection with improper use of the Portal by a Service Recipient who is not a Consumer, and improper functioning of the computer hardware, computer software or communication system through which the Service Recipient connects to the Portal's system,
for any damages arising from errors, failures and interruptions in the functioning of the Portal, or caused by incorrect saving or reading of data retrieved by Service Recipients,
for disruptions in the proper functioning of the Portal, as well as loss of data of Service Recipients who are not Consumers, arising as a result of force majeure or third parties,
for actions of third parties involving the use of data and materials placed on the Portal in a manner inconsistent with generally applicable law or the Terms and Conditions,
for the inability to log in to the Portal's system caused in particular by: connection quality, failure of the ICT system or power grid, or incorrect software configuration on the part of Service Recipients who are not Consumers,
for consequences related to the loss of a password.
IX FINAL PROVISIONS
Agreements concluded through the Portal are concluded in accordance with Polish law.
Changes made to the Portal's Terms and Conditions by the Service Provider shall be binding on the Service Recipient, provided that the Service Recipient has been properly informed of the changes and has not terminated the agreement for the provision of electronic services within 14 days of being notified of the changes by the Portal.
Any disputes arising between the Service Provider and Service Recipients will first be resolved through negotiations, with the intention of an amicable settlement of the dispute. If this is not possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with point 4 of this chapter.
Judicial resolution of disputes:
Any disputes arising between the Service Provider and a Service Recipient who is also a Consumer shall be subject to the courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296, as amended).
Any disputes arising between the Service Provider and a Service Recipient who is not also a Consumer shall be subject to the court having jurisdiction over the registered office of the Service Provider.
A Service Recipient who is a Consumer also has the right to use out-of-court methods of dispute resolution, in particular by submitting, after the completion of the complaint procedure, a request to initiate mediation or a request for the case to be examined by an arbitration court (the request form can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The Consumer may also make use of the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court dispute resolution after the completion of the complaint procedure is free of charge.
In order to resolve a dispute amicably, the Consumer may, in particular, file a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.