AGB - Plastech-Vortal

General provisions

These Terms of Use define the general terms, rules and manner of providing the Services by the electronic means, via the www.plastech.pl (www.plastech.biz) website (hereinafter referred to as the "Website").
The Website is run by company Plastech Pawel Wisniewski limited joint-stock partnership.
The Service Provider may be contacted via:
1. post to the following address: ul. Relaksowa 4, 87-100 Torun, Poland;
2. electronic message sent to the e-mail address of the Service Provider: info@plastech.pl;
3. phone at:
  +48 56 6229037 or
  +48 56 6581511;
4. contact form available on the Website.
These Terms of Use are made available by the Service Provider continuously and free of charge online on www.plastech.pl (www.plastech.biz), in a manner that allows Users to obtain, reproduce and record its contents by printing or saving on a carrier at any time using the User’s IT system.
All rights to the Website, including author’s economic right, intellectual property rights to its name, its Internet domain, Web Page, as well as to forms, logos belong to the Service Provider, and they may be used only in a manner specified in and compliant with the Terms of Use.
The Service Provider reserves the right to place on the Web Page the advertising content concerning offered services, as well as third-party goods and services, in formats used in the Internet. Taking advantage of such offers or services is not an element of the Website, and their rules are defined by the relevant third parties.
These Terms of Use define in particular the rules of using the Website, the types and scope of Services, the terms of providing Services, the conditions for concluding and terminating contracts for the provision of Services and the complaint procedure.
The Service Provider informs that taking advantage of services provided by electronic means may involve a threat for every Internet user, consisting in the possibility of introducing malicious software into Users’ teleinformation systems as well as obtaining and modifying their data by unauthorised persons. To avoid the above-mentioned risks, the User should use appropriate technical measures to minimise their occurrence, in particular anti-virus programs and firewall.
The rules of providing other Services, including paid Services, as part of the Website, may be defined in additional terms of use.
The Website is addressed to entrepreneurs within the meaning of Art. 43 [1] of the Civil Code.

Definitions

The terms used herein have the following meanings:

Website - a website available in the www.plastech.pl (www.plastech.biz) domain, owned and administered by the Service Provider, under which the Users may take advantage of Services offered by the Service Provider, in particular make Orders for paid Services, as well as use other Services offered therein;

Service Provider - Plastech Pawel Wisniewski limited joint-stock partnership with its registered office in Torun at Relaksowa 4, entered in the Register of Entrepreneurs kept by the District Court in Torun, VII Economic Division of the National Court Register under KRS number 0000956717, share capital: 50 000 PLN (paid in full), NIP 9562374503, REGON 521488202;

User - a natural person conducting business activity, a legal person or an organisational unit without legal personality being an entrepreneur within the meaning of Art. 43 [1] of the Civil Code (hereinafter: the "Entrepreneur") who/which may use the Services available on the Website;

Account – a part of the Website assigned to a given User, by means of which the User may perform specific operations within the Website;

Registration – one-off operation consisting in setting up a User Account on the Website, on the terms defined in these Terms of Use;

Package – a Service or a set of paid Services, in particular of a marketing, advertising or other nature, consistent with the nature and specificity of the Website and information presented therein, in particular involving an entry in the catalogue of companies on the Website, publishing the offer, adding and presenting the job offer, sponsored article, mail order advertising. The scope of individual Packages is indicated in their description presented on Web Pages;

Order – User's statement of intent, aimed directly at the conclusion of the contract of purchase (hereinafter: the “Contract") of the Packet or other Paid Services selected by the User, as indicated in the Website, on the terms defined in these Terms of Use;

Services – services provided by the Service Provider to Users via electronic means within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);

Terms of Use – this document.

The terms of using the website

Within the Website, the Service Provider enables Users to use its Services, in particular to place Orders as well as use other Services available on the Website.
The Website may only be used on terms and in the scope specified in the Terms of Use.
The minimum technical requirements to use the Website:
- a device with Internet access,
- access to electronic mail,
- the latest version of the web browser with enabled cookies and Java Script,
- a program to read and save PDF files.
Users are prohibited to use the Website or the Services in a manner that violates the law, moral standards, personal rights of third parties or legitimate interests of the Service Provider.

Services

The Services are provided on the terms defined in the Terms of Use.
The Service Provider provides paid and free Services to Users in accordance with the information presented on the Website and on the terms defined in the Terms of Use.
The Service Provider enables the following Services via the Website:
1. browsing and searching for information on the Website, including information on the Service Provider's activities, Services provided by the Service Provider, advertising and marketing information, and information on available Packages;
2. creating and keeping an Account on the Website;
3. making available an interactive form enabling Users to place an Order for a Package and other paid Services;
4. making available subpages of the thematic forum, where Users may discuss topics related to the nature and specificity of the Website;
5. providing an interactive form enabling Users to contact the Service Provider;
6. providing the Newsletter Service.
Placing an Order is payable in the amount specified in the description of each Package. The Service Provider may also offer Paid Services other than Packages, to be ordered in the form available on the Website or in a different way, about which it shall inform Users on a case-by-case basis on the Website. Other Services, indicated in section IV.3 above, are free.
Each Website User may view information presented on the Website, including the advertising and marketing information. The information presented on the Website may also come from the Users themselves or may relate to their activities, however such information shall not constitute an offer within the meaning of the Civil Code. In the event of discrepancies between the information presented on the Website, referred to in the previous sentence, and information presented directly by Users, including in particular as part of their commercial information, information presented directly by the User as the commercial information shall be valid for the Users.
The contract for the provision of services allowing to browse and search information available on the Website shall be concluded for a definite period and shall be terminated when the User closes the Web Page.
The use of some Website Services requires registration and an active User Account.
The services of account maintenance on the Website shall be available after registration. Registration shall take place by completing and accepting the registration form, available on the Website.
The User making the Registration must provide data marked as mandatory in the registration form, including in particular User’s e-mail address. The Service Provider may require the User to send additionally, by electronic means, any documents specified by the Service Provider, including in particular those confirming Service Provider’s business activity, under pain of refusal to register. If the User conducts business activity outside of Poland – equivalents of these documents in the language of origin together with a certified translation into Polish.
The Service Provider reserves the right to request the User to send additional documents, other than specified above, or to send them in a different format, to re-send them, at any time, also after the Registration.
The contract for the provision of services of running the User Account in the Website shall be concluded for an indefinite period and shall be terminated when the User registers his/her request to delete the Account or deletes the Account by him/herself.
Actions aimed to create the Account, as well as other operations under the Service of running the Account, may only be carried out by persons duly authorised to act on behalf of the User being an Entrepreneur.
The User may not have more than one Account assigned to one e-mail address. The User must not use other Users’ Accounts and must not provide other persons with access to the Account, inter alia disclose the access password.
Provision of Services of making available an interactive form, enabling the User to place an Order, shall be concluded for a definite period on the terms defined in section V of the Terms of Use and shall be terminated upon sending the Order by the User.
The Service Provider shall provide the Users with access to a thematic forum where the User may post individual and subjective statements related to the Website.
The right to add statements within the thematic forum on the Website is exercised only by Users who hold an Account and after logging in to such Account.
By posting the statement on the Website, the User represents that he/she has all rights to its content, in particular economic author’s rights, related rights and industrial property rights.
By posting the statement, the User agrees that the Service Provider may use it and publish it on the Website free of charge, and may make compilations of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws No. 24 item 83).
The User may send messages to the Service Provider via the form available on the Website. The contract for the services of provision of an interactive contact form shall be concluded for a fixed period and shall be terminated as soon as the message is sent by the User via the form.
The User may receive commercial information and/or advertising mailings from the Service Provider in the form of messages sent to the e-mail address provided by the User (Newsletter Service and Advertising Mailing Service). For this purpose, a valid e-mail address should be provided. The User may withdraw the consent to sending commercial information and/or Advertising Mailings at any time. Newsletter and/or Advertising Mailing shall be sent by the Service Provider only to the User under subscription.
A User who has subscribed for Advertising Mailing may receive from the Service Provider discounts or promotions on the Services, as well as additional Services and information about the Services and about such discounts, in accordance with the information presented on the Website.
The Service Provider shall have the right to organise occasional competitions and promotion campaigns, under the terms defined in each case on the Web Page. Promotions on the Website shall not be combined, unless the Rules of a given promotion state otherwise.

Packages

The Service Provider allows Users holding Accounts on the Website to place Orders for Packages presented on the Website. Detailed information on the scope, duration and cost of a given Package shall be each time provided to the User in the description of each Package, however with a reservation that the Packages containing "Top B2B Offer" and "Advertising Mailing" Services may be used by the User no later than in within 18 (eighteen) months from the date of placing the Order.
Information about the possibility to order a Package constitutes an invitation to conclude a Contract, within the meaning of Art. 71 of the Civil Code.
The prerequisite for placing the Order is to hold an active e-mail account as well as an active Account on the Website and to log in to it.
To place an Order for the Package, the User, after selecting the required package, must fill in the fields of the Order form marked as mandatory. The Order shall be placed by the User with the Service Provider in electronic form and constitutes an offer to conclude a Contract being the subject of the Order. The Offer placed in electronic form shall be binding on the User if the Service Provider sends a confirmation of Order acceptance to the User's e-mail address. The confirmation is a Service Provider’s statement of User's offer acceptance and upon its receipt by the User the Contract is concluded.
After Contract conclusion the Service Provider shall confirm to the User its terms by sending them to the e-mail address.
The Service Provider reserves the right to refuse Order processing without giving a reason.
The Service Provider presents information on prices of individual Packages on Web Pages. The prices presented on the Website are net prices. The Service Provider presents prices in PLN and EUR. The Service Provider may also present prices of Services in other currencies or, at the User’s request, indicate such a price.
The User shall pay for the selected Package via the electronic payment operator integrated with the Website or by making a transfer directly to the Service Provider's bank account number indicated while placing the Order. Payment for the Package referred to in the preceding sentence shall be made when the Service Provider receives information on payment from the electronic payment operator's system (if the User selects money transfer with the use of electronic payment system) or when the Service Provider's bank account is credited (in the case of a transfer directly to the Service Provider's bank account).
While placing the Order the User must provide the Service Provider with data indicated as mandatory, in particular, the User may be asked to send or otherwise transmit to the Service Provider any information necessary for the execution of the ordered package, including information about User’s activities or offer, materials or other content indicated by the Service Provider. These materials should be provided to the Service Provider no later than 14 (fourteen) days before the date of commencement of the Service(s) under the Ordered Package, as agreed with the User.
Should the need arise to clarify or supplement the data or content necessary for execution of the ordered Package, the Service Provider shall ask the User to provide missing data, information or materials by e-mail or phone, to the data provided while placing the Order. In this case, execution of the Ordered Package shall be subject to provision by the User of missing data or information, and the time limit for Order completion shall not run until the Service Provider obtains the missing information, in accordance with the information on the Website.
The Service Provider shall inform the User on Web Pages about the time limit for making payment for the selected Package. If the User fails to pay within the time limit referred to in the preceding sentence, the Service Provider, after prior unsuccessful payment request with setting an appropriate deadline, may withdraw from the Contract pursuant to Art. 491 of the Civil Code.
In addition to the Package Orders referred to in sub-section above, the Service Provider also enables to order Individual Services, including in particular of an advertising nature, in particular in the form of banner advertisements or advertising on foreign markets. To place an Order for individual Services, the User should contact the Service Provider by e-mail or phone, arranging the terms of service (including the scope and appearance of the advertisement) and payment for the Service.
For Entrepreneurs being in regular business relations with the Service Provider, the Service Provider may also provide for separate rules for the performance or payment for Packages and other Paid Services, including in particular the possibility of receiving an invoice with a deferred payment date. The terms referred to in the preceding sentence shall be agreed between the parties individually – by e-mail or phone. To receive information on the possibility of ordering on the terms referred to in this sub-section the User must contact the Service Provider by e-mail or phone, at the address or phone number indicated in section I of the Terms of Use.
Unless otherwise explicitly reserved or agreed, other terms and conditions of Services, defined in these Terms of Use, shall apply to placing Orders for Services and Packages referred to in sections IV.14 and IV.15.

Users’ rights and obligations

The User is required to:
1. use the Website in a manner consistent with the law, moral standards and the provisions of the Terms of Use, with respect for personal rights and intellectual property rights of third parties;
2. provide data consistent with the facts in a not misleading way;
3. immediately inform the Service Provider about changes in data affecting the performance of the Services;
4. refrain from using the devices, software and methods that may disrupt Website operation;
5. refrain from delivering unlawful content.
The User must not conduct activities aimed at overloading inboxes of other Users or of the Service Provider, and in particular, send advertising messages and post advertising or marketing content on the Website, in particular within the thematic forum on the Website.
The User is prohibited from presenting within the Account or anywhere on the Website any information with content prohibited by law, violating moral standards or constituting acts of unfair competition. The content presented by Users may not, in particular:
1. offend against human dignity;
2. discriminate on the basis of race, gender or nationality;
3. be of pornographic nature;
4. hurt religious or political beliefs;
5. encourage violation of law;
6. violate law, including, in particular, copyright or other intellectual property rights, or encourage copyright infringement, including by providing content that may be used to infringe copyright or other intellectual property rights.
The reservation referred to in sub-section 6 above shall also apply to other content or materials provided by the User to the Service Provider in any way, including in particular information and materials provided to the Service Provider to be used for execution of the Package ordered by the User or for performance of other paid service.
The User shall follow the Service Provider's guidelines regarding graphics, photos, compositions, slogans or description which he or she provides to the Service Provider for Service performance. Having been notified of Service Provider’s objections to this content, the User must comply with the guidelines under pain of Service suspension or termination.
The Service Provider may terminate the Services Contract with the User, with a 14-day notice. For this purpose, the Service Provider shall send the User a notice of termination to the e-mail address provided by the User in the Account.
The User may use the Website Services during the notice period referred to above.
The Service Provider shall have the right to suspend the Services and to terminate the Contract for the provision of the Service (including Paid Services) ordered by a given User, with immediate effect, in the event if:
- the Service Provider suspects that the User violates the Terms of Use, the provisions of the applicable law or moral standards,
- User's actions or omissions adversely affect the Service Provider's reputation or otherwise harm the Service Provider,
- the Service Provider receives a complaint in relation to activity of a given User or has other doubts as to the compliance of User’s actions with the specificity of the Website, the law and rules of social conduct,
- the User is in default with any payment to the Service Provider,
- the User is inactive on the Website for 24 (twenty four) months, in particular if the User has not logged in to his/her Account during this time.
In the event of termination of the paid Contract with immediate effect referred to above, the payment made by the User shall be refunded in proportion to the unused period of the Service in which the Contract was terminated.
Content published or otherwise added or transferred by the User to the Service Provider, including in particular content necessary for the performance of the Services, including Packages, may constitute a work within the meaning of the Act of 4 February 1994 (Journal of Laws No. 24, item 83, as amended). While posting on the Website or transferring the content referred to in the preceding sentence in other way, the User grants the Service Provider the free, non-exclusive, unlimited by time and territory, licence to use this work along with the right to grant sub-licences, to publish such work on social networks, in applications, widgets or other channels of the Service Provider without any time or territorial limits (hereinafter: the "Licence").
The User grants the Service Provider the Licence in the following fields of exploitation:
- exploitation in whole or in parts in the on-line network, including entering into the computer memory and/or dissemination in a multimedia network, including the Internet and/or making available in digital form in an unlimited number of broadcasts and editions,
- entering the computer network and the Internet,
- use on websites and in internet domains,
- use in any form for advertising or promotion purposes,
- public displaying,
- making available to the public in such a way that everyone can have access thereto at the time and place of their choice (inter alia online).
The User is obliged to have all rights to the content referred to in subsection 14 above, and their use may not constitute a violation of the law, provisions of these Terms of Use or moral standards. By posting on the Website or other transfer to the Service Provider of photos, graphics, films, descriptions and other elements, the User represents that he/she is the owner of copyrights (in particular author’s economic rights) to these elements or that he/she holds a licence allowing him/her to transfer these elements to the Service Provider and grant further sub-licences and, as a consequence, he/she grants to the Service Provider an unlimited by territory, free, non-exclusive licence to publish these elements on the Website, on social networks, in applications, widgets or other channels of the Service Provider without any time or territorial limits, to modify, make compilations, use, distribute, set up, copy, display or create derivative materials based thereon.
The User, taking advantage of Websites’ Services on his/her own or on the basis of an appropriate authorisation, grants to the Service Provider a free, non-exclusive and unlimited by time and territory licence for use of the User’s logo by the Service Provider for the purposes of its business activity, in the following fields of exploitation: fixing, reproduction by any technique, entering the work into the computer's memory and to a computer network, public display or making available on the Internet, and in particular on the Service Provider’s websites.
The User agrees that the Service Provider may place the above-mentioned data in the list of its clients, available, among others on the Service Provider’s websites, inter alia on the Website and in advertising or marketing materials.
As part of using the Website Services, the User consents to the distribution of his/her image, included in the Account on the Website.
The User agrees that the Service Provider may use his/her image referred to in subsection 18 above, and may make it available to the public for the purpose of Services provided by the Service Provider on the Website, providing the functionality of the Website and its advertising, marketing and promotion.
The consent expressed by the User covers the use of the image also in materials aimed to promote operations carried out within the Website, the Service Provider’s Services and activities and carry out marketing campaigns by disseminating the image in electronic media, in particular on the Web Page and its subpages, as well as in marketing, promotion and advertising materials for an indefinite period (until further notice).
The User agrees that his/her image or other content, photos and any materials posted under the Account or in other parts of the Website may be recorded on carriers that will be traded, agrees to their reproduction with any currently available techniques and methods, their disseminating and publishing, in accordance with the above subsection, if the above activities are related to activity of the Service Provider, operation of the Website and do not affect the interests of the User.
The User gives the above consent free of charge.

Liability

The Terms of Use and mandatory laws shall be the sole source of the Service Provider's liabilities.
The User shall bear sole liability for User's application and fulfilment of all obligations or commitments, including in particular those related to advertising or marketing content distributed by the Service Provider as part of Packages and other Paid Services.
The User shall be liable for any damage caused by violation of the provisions of these Terms of Use. The Service Provider shall have the right to charge such User for any costs of court proceedings and other sanctions incurred by the Service Provider as a result of User's activity non-compliant with the Terms of Use, the law or moral standards.
The User shall bear sole liability for the correctness and lawfulness of his/her business or professional activity, including in particular within the scope of advertising or marketing content disseminated by the Service Provider as part of Packages, other Paid Services and other places on the Website, including the provided services, the qualifications and reliability of employees, associates and other persons providing services in his/her name and for his/her account.
The Service Provider's liability towards Users is excluded within the limits permitted by applicable law and is limited to PLN 1000 net.
The User agrees that at the moment of any third-party claims towards the Service Provider, including in particular due to failure to perform or improper performance of any obligations arising from information presented as part of the advertising or marketing content distributed by the Service Provider under the Packages and other paid Services, or other statements and content, transmitted using the Website's functionality, the User shall join the proceeding in place of the Service Provider, shall join the proceeding as an outside intervener or, at the first request of the Service Provider, shall reimburse all costs incurred by the Service Provider.

Complaints

The User may file complaints regarding the Services provided on the Website, in particular regarding their non-performance or improper performance.
Complaints may be submitted in writing to Plastech Pawel Wisniewski, ul. Relaksowa 4, 87-100 Torun, Poland or to the e-mail address: info@plastech.pl.
The complaint should contain User’s name and surname, correspondence address, kind and description of the problem.
The Service Provider undertakes to consider each complaint within 30 days, and if it is not possible, to inform the User during this period about the date when the complaint will be considered. In the event of any deficiencies of the complaint, the Service Provider shall request the User to repair them within 7 days from the date of request receipt by the User.

Personal data protection

The Service Provider collects and processes personal data provided by Users in accordance with applicable law and with the Privacy Policy available on the Website.

Final provisions

The Terms of Use and mandatory laws shall be the sole source of the Service Provider's liabilities.
The Terms of Use are available in Polish and in English.
Reproduction or publication of the Terms of Use or parts thereof without the written consent of the Service Provider is prohibited.
Unless the mandatory provisions of law provide otherwise, the Polish law shall be applicable to settlement of any disputes arising under the Terms of Use.
All disputes arising under the Terms of Use shall be resolved before a common court of competent jurisdiction for the registered office of the Service Provider.
The content of the Terms of Use may be modified. Every User shall be notified of any changes by means of information on the home page of the Website. Unless otherwise indicated, the changes shall enter into force on the day they are published on the Website.
As regards the Users holding an Account, the Service Provider may also present changes to the Terms of Use to be read and accepted by them when logging in to the User Account.
In the situation referred to in section X.7 above, the amended provisions of the Terms of Use shall be binding on the User from the day of their acceptance.

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Terms of use of Plastech website