Rules of electronic services provision
a) Rules of Service Provision
RULES OF ELECTRONIC SERVICES PROVISION
The Rules are established pursuant to Art. 8(1)(1) of the Act of 18 July 2002 on provision of electronic services (Journal of Laws of 2002, no. 144, item 1204, as amended). The Rules specify, in particular: types and scope of services provided by electronic means; conditions for the provision of services by electronic means, including: technical requirements necessary for the cooperation with the IT system used by the Service Provider, prohibition on the provision of unlawful content by the Customer, conditions for conclusion and termination of agreements for the provision of services by electronic means, complaint procedure for the provision of services by electronic means.
§ 2. Definitions
For the purposes of these Rules, the terms contained below have the following meaning:
- Service Provider - KAN spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Kleosin (16-001) at ul. Zdrojowa 51, entered into the Register of Entrepreneurs kept by the District Court in Białystok, XII Commercial Division of the National Court Register under KRS number 0000187613; Tax Identification Number (NIP): 9661319453; with share capital in the amount of: PLN 350 000.00,
- Customer - a natural person, a legal person or another organisational entity to which the law grants legal capacity, using Services provided by the Service Provider by means of the Website,
- Website – Service Provider's website at the internet address http://pl.kan-therm.com/, as well as its subpages.
- Services – services provided to the Customer by the Service Provider electronically, specified in § 4(1) of the Rules;
- Personal data - data withing the meaning of Regulation (EU) 2016/679 EU of the European Parliament and of the Council of 27 April 2016 (hereinafter: “GDPR”).
- Password – a sequence of alphanumeric and/or special characters selected by the Customer during the Registration process, necessary to authorise the Customer when logging into the Account on the Website.
- Account – place on the Website available to a specific Customer after Registration, allowing to use the services specified by the Rules.
- Login– Customer’s e-mail address necessary to access the Account, provided by the Customer during Registration.
- Rules – these Rules, which specify the principles of electronic services provision on the Website by the Service Provider and the principles of use of these services by the Customer.
- Registration – voluntary action taken by the Customer to create the Account on the Website. Registration in the Website is free of charge.
§ 3. Services access conditions
- In order for the Customer to use the Website properly, it is necessary to meet the following technical conditions:
- access to the Internet,
§ 4. Types, nature and scope of Services
- The Service Provider provides the following Services to the Customers:
- access to publicly available content on the Website,
- keeping and access to the Account,
- access to the training management panel,
- registration for a training organised by the Service Provider,
- registration for an event organised by the Service Provider,
- sending commercial information electronically.
- The service of access to publicly available content on the Website consists in placing the Website in the publicly accessible resources of the Internet, so that any interested network user may access the content of the Website at any time. This service can be used anonymously.
- Conclusion of the Services provision agreement takes place:
- with regard to the Service of access to publicly available content on the Website – by the Customer's entry to the Website,
- with regard to the Service of keeping and accessing the Account – by making Registration,
- with regard to the Management Panel Access Service – by making Registration,
- with regard to the Training Registration Service – by filling in the training registration form, marking the required fields and clicking the acceptance button (e.g. “Submit”),
- with regard to the Event Registration Service – by filling in the event registration form, marking the required fields and clicking the acceptance button (e.g. “Submit”),
- with regard to the Service of sending commercial information – by filling in an appropriate form, expressing voluntary consent to sending commercial information by e-mail and clicking the acceptance button (e.g. “Send”, “Order”).
- The provision of the Service of access to publicly available content on the Website does not require Registration. This service is provided for the duration of the Customer's access to the publicly available content on the Website.
- Provision of the Service of keeping and accessing to the Account – Registration requires completion of the Registration process. Registration is performed by the Customer by completing the registration form available on the Website, marking the required fields and clicking the acceptance button (e.g. “Submit”, “Create Account”). Following the above, a confirmation of Registration and an activation link is sent to the electronic mail address (e-mail) provided by the Customer to confirm the correctness of the e-mail address.
- Only the Customer whose details were provided in the registration form during the Registration process is entitled to use the Service of keeping and accessing the Account. It is prohibited for the Customer to use the accounts of other Customers, as well as to make its own account available to other Customers or other third parties.
- The Customer is obliged to keep its Login and Password secret.
- Each time the Customer logs into its Account, it is required to enter the Login and Password.
- Login must be an active e-mail address, which the Customer’s is entitled to use.
- Password must consist of at least 8 alphanumeric characters and/or special characters.
- The Customer may change the password from the level of the Account or by using the “Password recovery” function available on the Account login page.
- The Account has the following functionalities:
- managing the Account,
- using the Services.
- The service of keeping the Account is provided for an indefinite period of time. The Customer has the right to demand removal of the Account at any time. The request of removing the Account may be submitted by the Customer to the Service Provider's e-mail address. Removal of the Account is tantamount to termination of the agreement for electronic services provision.
- Service Provider reserves the right to suspend, delete or limit the functionality of the Account (scope of services provided), in particular:
- in cases specified by generally applicable law,
- if the Customer uses the Account or other Services in a manner contrary to these Rules.
- If the reason for the suspension or restriction of the Account's functionality is the use of the Account in a manner contrary to the provisions of the Rules, the restoration of the full functionality of the Account may take place at the request of the Customer only after the Customer ceases such actions and removes the consequences of such actions to the extent and in the manner indicated by the Service Provider.
- The Service of access to the training management panel consists in enabling the Customer to access the management panel module, which serves to manage the training courses organized by the Service Provider . The access is provided after logging into the Account. The Service of access to the training management panel is provided for an indefinite period of time, but no longer than the provision of access to the Account.
- In order to register for training organised by the Service Provider, the Customer is required to fill in the training registration form, tick the required fields and click the acceptance button (e.g. “Submit”).
- As part of the provided Service of registration for training, the Service Provider may send to the e-mail address provided by the Customer the following:
- information on changes to the training date,
- notifications about the cancellation of training,
- participation certificate,
- additional training materials.
- The agreement for the provision of the Training Registration Service expires upon its execution.
- In order to register for event organised by the Service Provider, the Customer is required to fill in the event registration form, tick the required fields and click the acceptance button (e.g. “Submit”). The agreement for the provision of Service expires upon its execution.
- To order sending commercial information by e-mail, the Customer is obliged to fill in the appropriate form, express its voluntary consent to sending commercial information by e-mail and click the acceptance button (e.g. “Send”, “Order”).
- The Customer may, at any time, opt out of receiving commercial information electronically. For this, the Customer should send an e-mail to the Service Provider, which is equivalent to termination of the agreement for electronic services provision. The service is provided for an indefinite period of time.
- Services are provided to the Customers free of charge.
§ 5. Customers’ obligations
- When using the Services, the Customer is obliged, in particular, to:
- use the Website in a manner which does not interfere with its functioning, in particular through the use of specific software or devices (especially, devices which are not permitted within the meaning of the provisions of the Act of 5 July 2002 on the protection of certain services provided by electronic means based on or consisting in conditional access, Journal of Laws No. 126, item 1068, as amended),
- use the Services in a manner consistent with the applicable law in the Republic of Poland, the provisions of the Rules as well as with general principles of the Internet use and good practice.
- Any conscious or unconscious action of the Customer leading to the violation of these Rules, the Service Provider's reputation, third parties and the violation of generally applicable laws are deemed an unauthorised use of the Services. The following actions are regarded as prohibited, in particular:
- actions resulting in the infringement of personal rights of others,
- infringement of intellectual property rights of third parties,
- infringement of business secrets of third parties,
- actions which constitute acts of unfair competition,
- actions discriminating or inciting to discrimination on any grounds,
- actions inciting or encouraging to any unlawful activity.
- In the event of a breach of any of the provisions of paragraphs 1 - 2 above, the Service Provider is entitled to:
- call on the Customer to remove the unlawful content,
- remove – without prior warning or request – the illegal content
- block the Customer's access to the Website or other Services,
- refuse to continue providing the Services to the Customer.
- The Customer is obliged to provide only true data which it may use, and its submission or subsequent use as part of the provision of the Services in the normal course of activities does not violate the rights of third parties.
§ 6. Responsibility
- The Customer makes every effort to ensure the secure provision of Services by electronic means.
- The Service Provider is liable for any damage which may arise as a result of malfunctioning of individual Services as a result of an event beyond the Service Provider's control,
- The Service Provider is not liable for damage caused by the act or omission of the Customer, in particular by the Customer's improper use of the Services or use of the Services in a manner inconsistent with generally applicable laws or regulations.
- The Service Provider is not liable for data loss caused by external factors (e.g. equipment, software, connection, etc.) or other circumstances beyond its control.
- The Customer is responsible for the content of messages sent through the available Services.
- The Customer is responsible for actions taken after authenticating itself on the Services using its login data (login and password).
- The Service Provider is not responsible for the content of messages or for any damage which may arise due to the Customers’ actions inconsistent with generally applicable laws or regulations.
- Subject to mandatory provisions of law, the Service Provider's total and absolute liability towards the Customer for damage for the provision of the Services, regardless of the legal basis of liability, is limited exclusively to the damage actually incurred by the Customer (damnum emergens).
§ 7. Intellectual property rights
- Copyrights to all text and graphic elements, photographs, applications, databases of the Service Provider and individual Services, in particular: the source code of the website, graphic elements, sheets, forms, scripts, animations, are reserved to the Service Provider and are subject to legal protection, in particular the protection of the provisions of the Act of 4 February 1994 on copyright and related rights (consolidated text of 2006, No. 90, item 631, as amended) and the provisions of the Industrial Property Law Act of 30 June 2000 (Journal of Laws of 2003, No. 119, item 1117, as amended).
- Copying and dissemination of materials made available requires prior consent of the Service Provider.
- The Customer is entitled to use the content of the Services provided and being a component of the Services only under the conditions specified in the Rules and solely for the purpose of using the Service.
§ 8. Information on processing cookie files
- In order to ensure full functionality of the Website, it may store and access small cookie files on the Customer's computer or other terminal equipment.
§ 9. Complaint procedure
- Complaints concerning both technical aspects of the Services functioning as well as other issues related to the Services may be sent to the e-mail address [email protected] or in writing – to the Service Provider's address.
- The complaint must be submitted no later than within 7 (seven) days as of the date on which the cause for complaint arose.
- Each complaint must contain a brief description of the problem giving rise to it, the date and time of its occurrence and identification of the Customer (including postal and e-mail address).
- The Service Provider makes every effort to investigate complaints within 14 (fourteen) days of their receipt. The Service Provider notifies the complainant immediately of the outcome of the complaint investigation electronically to the e-mail address provided in the complaint submission.
- Complaints which do not contain data specified in paragraph 3 above or are submitted after the deadline referred to in paragraph 2 of this section, will not be considered.
§ 10. Final Provisions
- The content of the Rules may be amended, in particular in the event of changes to the scope and manner of provision of services offered by electronic means, changes to the generally applicable provisions of law, which affect the content of the Rules or the need to correct evident mistakes or typing errors, or to fill gaps or inaccuracies in the Rules which cannot be removed by interpretation of their provisions.
- If the Rules are amended, it should be communicated to the Customer by posting them on the Website. The user shall also be informed of any changes at the e-mail address provided in the registration form. If the Customer does not accept the new content of the Rules, it is obliged to inform the Service Provider via e-mail to the address: [email protected] within 14 days as of the date of notification of the change. Lack of acceptance results in termination of the Newsletter service agreement with immediate effect. In the case of conclusion of continuous agreements under these Rules, the amended Rules are binding upon the Customer if the requirements specified in Art. 384 of the Civil Code are met, i.e. the Customer was correctly notified of the amendments and did not terminate the agreement within 14 calendar days as of the date of notification.
- The Service Provision Agreement which does not require registration is terminated as a result of the Customer ceasing to use the Services.
- The Service Provision Agreement requiring registration concluded for an indefinite period of time may be terminated by either Party at any time upon 1 month's notice.
- In matters not regulated in the Rules, generally applicable provisions of the Polish law shall apply and any disputes shall be resolved by competent Polish courts.
- The Rules become effective on the day of its signing.