§ 1.
- The owner and administrator of the malvaproduction.pl website available on the malvaproduction.pl website is Malva Production sp. z o.o. with its registered office in Warsaw, at Krakowskie Przedmieście 13, 00-071 Warszawa (Warsaw, Poland), entered to the register of entrepreneurs kept by the 12th Commercial Department of the National Court Register of the District Court for the Capital City of Warsaw under the KRS number: 0000747074, NIP (tax identification number): 7010850850, REGON (statistical identification number): 381197935, with share capital amounting to PLN 5,000; e-mail address: pomoc (“Service Provider”).
- These Terms & Conditions set forth the terms and conditions of rendition of services by the Service Provider through the Website and the rights and obligations of the User and the Service Provider.
- The User is obliged to read these Terms & Conditions before using the Website.
- The Website offers the ability to download, save and print the Terms & Conditions.
§ 2.
- All capitalized terms have the following meaning:
- E-mail Address — an individual electronic mail address of the User specified during the process of Registration through which the User can send, receive and store messages and to which the Service Provider sends the Newsletter and other materials requested by the User.
- Form — the form completed by the User during the process of Registration in which certain data necessary for the purposes of rendition of some Services must be entered.
- Newsletter — an information bulletin sent by the Service Provider at the request of the User to the electronic mail address specified in the Form.
- Website — the website located at the malvaproduction.pl address including subdomains, containing the materials published by the Service Provider in the text or graphic form.
- Terms & Conditions — these Terms & Conditions setting out the terms and conditions of using the Website and rendition of services using electronic means through the Website, constituting an integral part of the Agreement.
- Registration — the operation involving voluntary sharing of data by the User through the Form made available on the Website, as well as reading and accepting the Terms & Conditions.
- Subscriber — a natural person, a legal entity or an organizational unit not having legal personality using the Services through ordering the Newsletter or any other materials sent by the Service Provider to the E-mail Address.
- Agreement — a contractual obligation whose subject is gratuitous rendition of the Services by the Service Provider for the User through the Website.
- Services — services rendered gratuitously by the Service Provider using electronic means in accordance with the Terms & Conditions and through the Website.
- User — a Subscriber and any other natural person, a legal entity or an organizational unit not having legal personality using the Website without the Registration.
§ 3.
- The Terms & Conditions specify:
- the types and scope of Services rendered using electronic means through the Website;
- terms and conditions of rendering Services using electronic means;
- terms and conditions of executing and terminating Agreements;
- rights and obligations of the Service Provider and Users related to the rendition of Services using electronic means;
- principles governing the Service Provider’s liability due to rendition of the Services;
- principles governing the protection of personal data of Users using the Services;
- complaint handling procedure.
§ 4.
- The Service Provider renders the following Services for Users through the Website:
- enabling Users to view and read the materials published on the Website for free within the scope of free access;
- enabling Users to comment the published materials and view comments on the Website;
- sending Newsletters and other materials to Users to their E-mail Addresses at their individual requests;
- enabling communication with authors of the materials published by the Service Provider or other contact persons on the part of the Service Provider.
- The Service Provider specifies the Services in the case of which Registration is required.
§ 5.
- By registering on the Website or using the Services that do not require Registration, the User enters into an Agreement with the Service Provider and states that she or he has read the Terms & Conditions and accepts their provisions. Should the User not accept any of the provisions of the Terms & Conditions, the User is obliged to cease using the Website.
- Some Services may require the User to share her or his personal data specified in the Form. The scope of Services that require Registration is clearly defined by the Service Provider.
§ 6.
- The Agreement may be executed by natural persons, legal entities and organizational units not having legal personality that have the capacity to perform acts in the law.
- In order to use the Services you have to meet the technical requirements of using the Website specified in the Terms & Conditions.
- Registration requires the User intending to order a Newsletter or any other materials provided by the Service Provider to complete the appropriate form made available on the Website.
- After the Registration process is complete, the Service Provider confirms the Registration by sending an e-mail message to the E-mail Address of the User.
§ 7.
- Both the User and the Service Provider may terminate the Agreement at any moment.
- The Subscriber terminates the Agreement by using the “Unsubscribe from the Newsletter” functionality — a link to unsubscribing from the Newsletter can be found in every e-mail message with the Newsletter or other materials provided by the Service Provider. The above procedure has the effect of discontinuation of rendition of the Services that require Registration and removal of the Subscriber’s e-mail address from the mailing list.
- The Service Provider terminates the Agreement by sending a notice of termination to the e-mail address specified by the User upon Registration. The Service Provider may terminate the Agreement when:
- the User is in breach of any significant provisions of the Terms & Conditions;
- the User posts any content infringing any applicable legal regulations, any principles of good conduct, any personal rights of third parties or any legitimate interests of the Service Provider;
- the User uses the Service not in accordance with its purpose;
- the Subscriber deletes her or his electronic mail address that was used for the Registration purposes.
§ 8.
- In order to use the Website, the User needs a device enabling:
- access to the Internet;
- browsing Internet resources;
- sending and receiving electronic mail.
- Furthermore, the User needs an active and operable E-mail Address enabling the User to send and receive electronic mail.
- Recommended web browsers: Internet Explorer 9 and higher, Firefox (current updated release), Chrome (current updated release), Opera 40.0 and higher releases, Safari (current updated release), with standard settings (disabling cookie files or using Adblock can adversely affect correct functioning of the Website).
- If the User uses hardware or software that does not meet the technical requirements specified in sec. 1-3 above, the Service Provider does not guarantee correct operation of the Services and informs that it might adversely affect the quality of the Services rendered.
§ 9.
- The User undertakes to submit only such data that are true, are not misleading, do not infringe the applicable legal regulations, including the laws of intellectual property rights and personal rights.
- The User may not publish any illegal content or undertake any actions that might interrupt or damage the Website. If the Service Provider finds out that the User publishes any illegal data, the Service Provider may terminate the Agreement with immediate effect. The Service Provider has the right to moderate and delete comments posted on the Website that infringe the provisions of the Terms & Conditions.
§ 10.
- The Service Provider each and every time specifies the data contained in the Form that are required for rendition of a given Service using electronic means. For the purposes of rendition of the Services, the Service Provider may process, inter alia, the following data:
- first name and surname of the User;
- e-mail address.
- Sharing personal data by the User is voluntary, but missing personal data or a request to discontinue personal data processing and/or to erase data already shared can result in an inability to access those Services that cannot be rendered without the processing of the above mentioned personal data.
- The personal data controller is the Service Provider. All information on personal data processing in relation to rendition of the Services, including the information that the Service Provider must disclose under the applicable legal regulations, can be found in the Privacy Policy available at the following address: (website address).
- The Service Provider has the right to disclose certain data related to the Users to competent authorities that may request such information on the basis of applicable legal regulations.
- The Service Provider ensures data encryption in order to prevent unauthorized access to the contents of such data.
- The Service Provider can publish banners and links to other websites through the Website. After clicking such a banner or link, the Users is directed to a third-party website. After the User goes to a third-party website these Terms & Conditions do not apply.
- The User can also grant her or his consent to being sent advertising and promotional materials from the Website using electronic means.
§ 11.
- The Website and its graphic design, as well as any and all its content having the form of text, photos, images, charts, videos, multimedia content, trademarks and the Newsletter and other materials provided by the Service Provider are protected under the applicable legal regulations, including particularly the Act of 4 February 1994 on Copyrights and Related Rights (Journal of Laws [Dz.U.] no. 90, Item 631, as amended), the Act of 27 July 2001 on the Protection of Databases (Journal of Laws [Dz.U.] no. 128, Item 1402, as amended), the Act of 30 June 2000 — Industrial Property Law (Journal of Laws [Dz.U.] no. 119, Item 1117, as amended).
- Users do not acquire any rights or licenses to any works or databases through using such works or databases made available on the Website.
- Users may use the Website and the materials published on the Website or made available by the Service Provider exclusively within the scope of fair use provided for in the Act on Copyrights and Related Rights and the Act on the Protection of Databases. It is prohibited to use any text, photos, images, charts, videos, multimedia content and the Newsletter and other materials provided by the Service Provider in any manner beyond the scope of fair use under the applicable regulations.
§ 12.
- Users can submit their complaints regarding the operation of the Website by traditional written correspondence to the address indicated in § 1 sec. 1 of the Terms & Conditions or by electronic correspondence to the electronic mail address: iod
- Submitting her or his complaint, the User should indicate her or his first name and surname, correspondence address, type and date of the irregularity related to the operation of the Website or the Service rendered.
- A complaint may be submitted within 30 days from the day on which the User acquired knowledge about the said irregularity. A complaint submitted after the above stated term will not be considered and the User will be notified thereof forthwith. The above does not affect the right to make claims under the generally applicable legal regulations.
- Complaints are handled within 14 business days from the moment of delivery of the complaint including a description of irregularities. If verification of legitimacy of a given complaint requires an expert’s opinion or any additional information to be submitted by the User, the term for handling the complaint by the Service Provider is extended by the time needed for obtaining the said expert’s opinion/the required materials. If the term for handling the complaint is extended, the User will be notified thereof.
- The User will be notified forthwith about the decision on the complaint by the Service Provider.
- Complaints missing the data referred to in sec. 2 above are rejected.
§ 13.
- The User’s individual computer, screen and connection settings that cause incorrect or distorted performance of any operation may not be the ground for a complaint.
- The Service Provider has the right to block the access to the Website due to necessary maintenance of the IT system, safety reasons, including inappropriate use of the Website, any circumstances that might be harmful for the interests of the User or the Service Provider, for the time needed to complete the maintenance works or remove any existing hazards or malfunctions.
- The Service Provider is not liable for the User’s use of the Website in a manner not compliant with the provisions of these Terms & Conditions and for any damages suffered by the User in relation with hazards encountered on the Internet.
- The User is fully liable for any and all actions undertaken through the Website that result in making a statement of intent. The Service Provider may refuse to perform any actions requested by the User in the event of a reasonable doubt as to their authenticity, authorization or compliance with the law.
- With regard to the information presented on the Website and published or submitted by any third parties, the Service Provider is not liable for the validity, accuracy or completeness of such information, as well as for their fitness for a particular purpose of the User. The Service Provider does not guarantee that any data, information or materials published on the Website meet the User’s expectations as to their substantive content, completeness, accuracy or usefulness.
- The User is liable for any and all results of incorrect completion of any Forms on the Website by the User, including particularly for providing incorrect or false data by the User.
§ 14.
- The Service Provider has the right to change these Terms & Conditions unilaterally for significant reasons. Significant reasons include:
- passing new legal regulations or repealing/amending any existing legal regulations that has impact on rendition of the Services by the Service Provider and the Website’s operation;
- appearance of any new court or administrative decisions that require any changes to the legal regulations;
- adjustment of the Terms & Conditions to the necessary changes in the IT system and related to any changes in the scope of the rendered Services;
- discontinuation of administering the Website by the Administrator or a change of the Administrator.
- The Service Provider informs Users about any and all changes by posting a notice on the Website or sending an e-mail message to the E-mail Address with the information about such changes and the address of the web page where the Terms & Conditions can be found.
- A change in the Terms & Conditions applicable to the Agreement made with the User becomes effective after fourteen days from the notification about such a change in the Terms & Conditions applicable to the User being a party to the Agreement, unless the User terminates the Agreement before the expiry of the said term in the form of a written statement or an e-mail message sent to the address: iod.
- The currently valid wording of the Terms & Conditions is available on the malvaproduction.pl website.
§ 15.
- Agreements made by and between the User and the Service Provider for the Services rendered by the Service Provider upon the terms and conditions set forth in the Terms & Conditions are governed by the Polish law.
- Any and all disputes arising out of or in connection with the Services are to be settled by the competent Polish common courts.
- In the event of a dispute, a User being a consumer has the right to use the available out-of-court complaint and claim procedures. In particular, a User being a consumer has the right to request the Masovian Voivodship Inspector of the Trade Inspection (MWIIH) in Warsaw, with its registered office in Warsaw (00-015), at ul. Sienkiewicza 3 (website: www.wiih.org.pl), to initiate mediation proceedings or to request the Permanent Court of Arbitration at the Masovian Voivodship Inspector of the Trade Inspection (MWIIH) in Warsaw to settle the dispute arising out of the executed Agreement, which the Service Provider acknowledges and accepts.
- The User can also receive free assistance and the necessary information from the district consumer ombudsman.
- Detailed information about the available out-of-court procedures of settling disputes between an entrepreneur and a consumer can be found on the website of the Office of Competition and Consumer Protection (UOKiK) at the following address: http://www.uokik.gov.pl/spory_konsumenckie.php.
- A User being a consumer can also use the EU’s online ODR platform available at the following address: http://ec.europa.eu/consumers/odr/.
- Using any available out-of-court complaint and claim procedures is voluntary.
§ 16.
These Terms & Conditions enter into force as of 1 February 2023.