Terms of Service
- These Terms are the terms of electronic services as defined in the provisions of Art. 8 of the Act of 18th July 2002 on Rendering Electronic Services (Dz.U.2016.1030<<Journal of Laws 2016.1030>> i.e. of 15th July 2015).
- The moment when the User starts using the Website, he or she undertakes to observe the provisions of these Terms.
The terminology used in the Terms shall have the following meanings:
1) Service Provider– Cordialement sp. z o.o. with a registered office in Gdynia in ul. Lipowa 37C lok. 5 entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division under the number KRS (National Court Register) 0000794598, NIP (Tax Identification Number) 5862346785, REGON (National Business Registry Number) 383874251 [hereinafter referred to as Cordialement],
2) Website– a website kept by the Service Provider at the address http://www.joggas.com on the subject of sport,
3) Services – services provided electronically by the Service Provider via the Website, based on these Terms,
4) User – a person or entity who uses the Website; at the same time, both a person or an entity who has registered and account on the Website and a person/entity who uses the Website without having registered an account are considered Users,
5) Account – functionality of the Website which provides access to some of the services offered within the Website, under the terms set out in these Terms,
6) Registered User – a User who has registered his or her account on the Website,
7) Partner – an entity who cooperates with Cordialement based on a proper agreement,
8) Materials – functionality of the Website which provides User a possibility to browse texts, photographs, images, charts, video materials, multimedia materials, databases etc. connected with the subject of sport,
9) Terms – these Terms of Service.
Kinds of services provided and their scope
- Within the framework of the Website the Service Provider provides the following Services:
- a) providing the Users of the Website with Materials for browsing and commenting,
- b) providing IT solutions which function within the Website to be used by the Users,
- c) distance selling of products and services via the Internet.
Terms of electronic services. Account registration.
- A device with access to the Internet and software necessary for regular browsing of websites is essential for the use of the Services provided by the Service Provider.
- A registration on the Website is not necessary for the use of Services provided by the Service Provider through the Website, however some of the Services offered within the Website indicated in a further part of these Terms are available only to the Registered Users.
- It is prohibited for the User to provide content which is illegal or contrary to good practices or which violates the rights of third parties in any way, especially copyright or personal interest.
- In order to use all the functionalities of the Website, the User may create an account on the Website. To do this, the User should fill in the registration form which is provided on the Website and then activate the Account via the activation link sent to the e-mail address provided by the User in the registration form.
- Only an adult who has a full capacity to perform acts in law may create and have an account on the Website .
- When it comes to entities which are not natural people, an account on the Website can be created and then managed by a person who is entitled to act on behalf of a given entity or who has an authorisation granted by such a person.
- The moment the process of Account registration on the Website is completed, a service agreement under the provisions included in these Terms is concluded between the Service Provider and the User. The Agreement mentioned in the previous sentence is concluded for an indefinite period of time, however a registered User may delete his or her Account on the Website which is tantamount to termination of the concluded agreement.
- In the case of Users who have not registered their Accounts on the Website, the service agreement is concluded the moment the User begins to use the Services offered by the Service Provider through the Website indicated in there Terms. The Agreement mentioned in the previous sentence is concluded for an indefinite period of time, however a User may terminate his or her use of the Services offered within the Website which is tantamount to termination of the concluded agreement.
- A registered User may only have one Account on the Website.
- The Service Provider shall not be responsible for the authenticity of the data provided by the User when registering the Account.
- The Service Provider shall not be responsible for improper performance of the Services provided based on these Terms if it results from force majeure or other causes which are beyond his or her control, especially an failure of the ICT system used by the Service Provider.
- The Service Provider has the right to place advertising materials on the Website.
- The Website and Materials on it (which can be pieces of work, trademarks, databases) are protected the way provided in the Copyright and Related Rights Act of 4th February 1994 (Dz.U.2016.666 <<Journal of Laws.2016.666>> i.e. of 16th May 2016), the act on industrial property of 30th June 2000 (Dz.U.2013.1410 <<Journal of Laws.2013.1410>> i.e. of 29th November 2013), Database Protection Act of 27th July 2001 (Dz.U.2001.128.1402 <<Journal of Laws.2001.128.1402>> of 9th November 2001) and other generally applicable legislation.
- Users are entitled to use the Materials on the Website on the fair use basis as defined in the Copyright and Related Rights Act and the Database Protection Act. Users do not acquire any rights to the Materials on the Website through their use. Apart from that, the use of the Materials available on the Website should be conducted with respect for the reasonable interests of the Service Provider and cannot breach the principles of normal use.
- If the Users use the Materials available on the Website in a way which is different from the one indicated in the previous section (without a previous written consent from the Service Provider) the Service Provider shall undertake proper legal actions which could lead to the User’s civil and criminal liability.
- The Service Provider undertakes to make every effort for the content of the Materials published on the Website to be on the top level, however it shall not be responsible for the truthfulness of the Materials as well as their accuracy and them being up to date. The User uses the Materials available on the Website in their sole responsibility. The Service Provider shall not be responsible for any results of the User’s action undertaken as a result of his or her use of the Materials which are available on the Website.
Users’ Use of the Website Comments
- The User is obliged to use the Website in accord with the provisions of these Terms, in a way which does not breach the applicable legislation, principles of social coexistence or social and moral norms.
- The Service Provider makes it possible for Registered Users to add comments to some Materials on the Website.
- The Service Provider keeps the comments which have been mentioned in the previous section on the Service Provider’s server and ensures that the comment is displayed under the Material to which a given comment is connected for a period which is not longer than the period during which this Material is displayed on the Website.
- For the comments which could constitute pieces of work as defined in the copyright law, the moment the Registered User puts a comment under a given Material, he or she grants the Service Provider a free, non-exclusive licence for the use of a given piece of work on the following fields of exploitation:
- a) recording and reproduction of the piece of work – producing copies of the piece of work with a particular method, including a printing or reprographic technique, magnetic recording or digital technique;
- b) management of the original or the copies on which the piece of work has been recorded, distribution, lending for use or lease of the original or the copies;
- c) dissemination in other ways than the ones specified in letter b above – public performance, staging, screening, playing and broadcast or reemission as well as making the piece of work available to the public in such a way that everyone may have access to it in a time and place of their choice.
- The Service Provider may grant sublicences.
- It is forbidden to add comments which contain:
- a) content which is vulgar and/or violates the principles of decency,
- b) offensive content,
- c) overt or covert advertising,
- d) references to other websites,
- e) content which violates rights of third parties (including copyright or their personal interest),
- f) content which is illegal in another way.
- If a comment contains content which has been mentioned in the previous section, the Service Provider will remove the comment from the Website permanently.
- The user bears sole responsibility for the comment he or she put on the Website. The Service Provider is not obliged to monitor the Comments on the Website. Every User can inform the Service Provider by sending email to the address: email@example.com about becoming aware of a comment on the Website which violates the provisions of these Regulations in any way.
- A comment posted by a given User should refer to the content of the Material under which it was posted. Users should strive for the comments that they post to be consistent with the subject matter of the Website.
Consumers. The right to withdrawal from the contract.
- The provisions of this section are applicable only to agreements concluded with the User for purposes which are not connected directly to his or her business or professional activity [hereinafter referred to as Consumer].
- A Consumer may withdraw from the agreement within 14 days of its conclusion without stating the reason. The time limit until withdrawal from the agreement begins from the day of the agreement’s conclusion.
- A Consumer may withdraw from the agreement by sending a statement of withdrawal from the agreement to the Service Provider. A Consumer may use the sample statement of withdrawal from the agreement which is Appendix 1 to these Terms. The statement must be sent in the form of an email to the address:firstname.lastname@example.org or in a written form to the address of the Service Provider’s registered office (Cordialement sp. z o.o., ul. Lipowa 37C lok. 5, 81-572 Gdynia, Poland) To observe the time-limit it is enough to send the statement before its expiry.
- In the case of withdrawal form the agreement, it is considered that the agreement has not been concluded. In such a situation, the Service Provider shall return all the payments the Consumer has made to him or her, including the shipment costs (apart from additional costs resulting from the method of product shipment chosen by the Consumer which is different than the regular, cheapest method of product shipment) within 14 days, counting from the day when the Service Provider is informed that the Consumer has exercised his or her right to withdraw from the agreement.
- The Service Provider shall return the payment to the Consumer with the same payment method that was chosen by the Consumer during the completion of the Order.
- The Service Provider may suspend the refund until it receives the product returned by the Consumer.
- The consumer shall be responsible for the decrease in the value of a good resulting from using it in a different way than the one which was necessary to get to know the character, features and functioning of the Product.
- Web cookies are IT data, especially text files which are stored in the User’s terminal equipment and their functions are connected with the use of the Website. Usually cookies contain the name of the Website from which they come, the time for which they have been stored on the terminal equipment as well as a unique number.
- The Service Provider is the entity which puts web cookies on the User’s terminal equipment and has access to them.
- Cookies are used for creating statistics which help understand how users use the Website. Thanks to this, the Service Provider will be able to improve the Website.
- Two basic kinds of cookies are used on the Website: session cookies and persistent cookies. The session cookies are temporary files which are stored on the User’s terminal equipment until he or she leaves a website or switches off the software (internet browser). “Persistent” cookies are stored on the User’s terminal device for a time specified in the cookies’ parameters or until they are deleted by the User.
- The User agrees to Web Cookies being stored on his or her computer for purposes specified in the previous sections.
- The User may at any time block the cookies from being stored on the User’s device. In order to do this, the settings of the browser the User uses need to be adjusted. 8. As a rule, the function which blocks the possibility of cookies being stored on a device can be found in settings, options or preferences of the internet browser one uses. If in doubt or to get detailed information use the “help” option of the internet browser.
- The Service Provider processes the personal data of the Website’s Users in order to make it possible for the Users to use all the functionalities which are available on the Website. The User provision his or her personal data and agreement to it being processed by the Service Provider is voluntary, however not providing one’s personal data or lack of consent for it to be processed will make it impossible to use some of the Websites’ functions, for example creating an Account on the Website or being able to comment on the content available on the Websites.
- Cordialement sp. z o.o. with a registered office in Gdynia (Poland) in ul. Lipowa 37C lok. 5 entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division under the number KRS (National Court Register) 0000794598, with the NIP (Tax Identification Number) 5862346785, REGON (National Business Registry Number) 383874251 is the controller of the Website’s Users’ data.
- Protection of the personal information concerning the Website’s Users is the Service Provider’s priority. Therefore, it makes every effort for the Websites’ users to be able to feel comfortable and safe when using the Websites.
- For the proper provision of the services which are available as a part of the Website, RTGF processes the personal data of its Users, including: name, surname, gender, address, date of birth, the User’s likeness, bank account number, email address and telephone number.
- During the User’s use of the Website, Cordialement also gathers information concerning the User’s device to provide proper functioning of the services: the computer’s IP address, information contained in the cookies or other similar technologies, data about the sessions, internet browser data, data about the device, data about the activity on the website, including that on particular subsites, geolocation data if the user has allowed access to geolocation. Geolocation information is used so that more adjusted offer of products and services can be provided.
- Due to the fact that the Service Provider processes personal data, each of the Website’s Users is entitled to:
– access to his or her personal data,
– request for his or her personal data to be corrected,
– request for the processing of his or her personal data to be limited,
– request for his or her personal data to be deleted, if Cordialement is not obliged by legislation to store it,
– transfer of his or her data, i.e. the possibility to get his or her data in a structured, commonly used, machine-readable format as well as the right to send the data to another controller. If it is technically possible, the User has the right to make a request for his or her personal data to be transferred by the Service Provider directly to another administrator.
- The user has the right to file a complaint with the President of the Personal Data Protection Office as a personal data protection supervisory body if he or she believes his or her personal data is processed by the Service Provider in a way which violates the personal data protection legislation.
- To get information on his or her personal data, the Website’s User may contact the Service Provider via email sent to the address email@example.com or in writing, to the address of Cordialement’s registered office (Cordialement sp. z o.o., ul. Lipowa 37C lok. 5, 81-572 Gdynia, Poland) If the Website’s User wants to withdraw the consent his his or her personal data being processed, he or she should also inform the Service Provider about this fact via email or in writing, to the addresses set out in the previous sentence.
- Complaints concerning the use of Services provided by the Service Provider should be sent electronically, to the Service Provider’s email address: firstname.lastname@example.org or in the form of a registered letter to the address of the Service Provider’s registered office: Cordialement (Cordialement sp. z o.o., ul. Lipowa 37C lok. 5, 81-572 Gdynia, Poland)
- Full name of the person who is filing the complain, the mail address to which a reply to the complaint should be sent and a detailed description of the reason why the complaint was filed should be provided in a complaint.
- The Service Provider handles a complaint within 14 days of receiving the User’s complaint. This time limit may be extended if it is impossible to handle a complaint within the time limit specified in the previous sentence for reasons which are beyond the Service Provider’s control. In such a case, the Service Provider is obliged to notify the User about the cause of the impossibility to handle his or her complaint on time and within the estimated time limit for complaint handling.
- The information about the way the complaint is going to be handled or the impossibility for the complaint to be handled within the time limit is sent by the Service Provider to the User’s email address provided by him or her in the complaint or via a letter to the postal address provided by the User in the complaint.
- The Terms of Service shall be in effect from the moment when they are published on the Website.
- The Service Provider may change these Terms at any moment.
- All amendments to the Terms shall be communicated to the Users on the Website and shall be in effect from the moment the Users are notified about the amendments through a publication of the amended Terms on the pages of the Website.
- To all matters not settled in these Terms, the provisions of the generally applicable Polish law shall apply.