Regulations on Providing Services by Electronic Means in TEK Picture Gallery
I. Definitions
The meaning of terms used in these Regulations shall be as follows:
1. Regulations – these Regulations on providing Services on the Website;
2. the Service Provider - TEK sp. z o.o. having its registered office in Zielonki (Stare Babice commune), ul. Piaskowa 6, 05-082 Zielonki, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under the number 0000128818, share capital: PLN 2 200 000,00;
3. User - a natural person who uses the Website and meets the requirements stipulated in the Regulations;
4. Contract – contract for providing services by electronic means within the Website, entered into in accordance with the Regulations by and between the Service Provider and a given User, the content of which is determined by the Regulations;
5. Website – the website at the address: http://tekpolska.pl/gallery/ together with all the subpages which constitute its part used by the Service Provider to provide Services to the Users;
6. Account - an individual profile created within the Website by the User as part of the registration process described herein.
7. Photos - photos available on the Website which present in particular plants, seeds, fruit and vegetables; works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (i.e. Dz. U. (Journal of Laws) of 2006, No 90, item 631, as amended). The photos may be made available to the User under a separate licence agreement referred to in part 2 item 5 hereof.
8. Services - depending on having the Account - enabling the Users to perform the acts referred to in part 4 items 1 or 2 of the Regulations.
II. General Provisions
1. Regulations stipulate terms and conditions of using the Services provided by the Service Provider to the Users within the Website.
2. Regulations constitute an integral part of the Contract which is entered into when the User starts to use individual Services of the Website. If the User fails to accept the content of the Regulations, he should cease using the Website immediately. Depending on the scope of the Account created by the User, the User may apply the procedure described in item 10 below.
3. the Service Provider is the owner and administrator of the Website.
4. Graphic design of the Website, graphic materials, and in particular the Photos made available to the Users on the Website are the property of the Service Provider and are protected by the Act of 4 February 1994 on Copyright and Related Rights (i.e. Dz. U. (Journal of Laws) of 2006, No 90, item 631, as amended), and in particular they may not be copied, made available, distributed or reproduced without the consent of the Service Provider, with the proviso that it is allowed only to download the materials, Photos in particular, to the temporary memory in the browser only in order to display the Website content better, which follows from the functionality of Internet browsers and does not amount to their use for other purposes. Entering into the Contract shall not be regarded as entering into the contract for transfer of the aforementioned author’s economic rights to the materials in whole or in part or as a basis for claim to enter into such a contract. Any breach of the Service Provider’s copyright shall result in taking legal action by the Service Provider in order to claim damages. The Service Provider does not consent to the Photos being copied to other websites or to placing on such websites links referring to any other sites than the main site of the Website, or directly to the addresses of individual Photos (“deep linking”).
5. It is possible to obtain the licence which allows for using the Photos, if a separate contact for production/print of materials or an independent licence agreement is entered into. For more information on cooperation please contact us at info@tekpolska.pl
6. All the brands and symbols (logo) listed on the Website are the brands owned by the Service Provider or his partners, regardless of whether they are distinguished and marked with ® or not. Using such markings by the Users is forbidden.
7. The Service Provider shall inform the Users that due to the public nature of the Internet via which the Services are provided the use of such Services may be associated with the risk of interference of third parties in data transmission sent electronically between the Service Provider and the User. the Service Provider draws the User’s attention in particular to the risk related to using the Account on the Website by unauthorised persons in a situation where the User fails to take reasonable care to ensure confidentiality of the unique User’s name or the access password, or discloses such information to third parties, or keeps being logged on to his account in spite of not using it at a given moment.
8. The Service Provider stipulates that during the period of maintenance works of the ICT systems the access to the Website and to Services may be difficult or temporarily impossible.
9. It is forbidden to:
a. provide any illegal content by the Users;
b. interfere with the Website content and with its software;
c. modify Photos, links, descriptions;
d. link to the Website content to the extent other than allowed in the Regulation;
e. copy, download, redistribute, publish, distribute, make available or use Website content in a manner other than that indicated in the Regulations, in particular for commercial purposes and by including such content in other websites;
f. repeatedly or systematically download the content of the Website;
g. register many accounts for one User;
h. use the Website by means of machines or other automatic software.
10. The User may withdraw from the Contract at any time without stating any reason insofar as its subject matter is providing him with the Account. In such a case the User shall make a statement in the electronic form to the Service Provider stating that he withdraws from the Contract in this respect and send it to info@tekpolska.pl. The Service Provider shall permanently remove the Account and all the information saved on the Website by the User within 30 days following the receipt of the User’s statement.
III. Terms and Conditions of Providing Services
A. Technical conditions
• In order to use the Website it is necessary to meet all of the following technical requirements:
a. Software which supports websites in HTML5,
b. For PCs - installed internet browser
• for MS Windows– Mozilla Firefox 20.x or higher, Google Chrome 18.x or higher, Opera 15.x or higher,
• for Mac OSX– Safari 8.1.x or higher; Mozilla Firefox 20; Chrome 26;
c. On mobile devices – installed internet browser
• for Windows Phone – Mobile IE 10 or higher,
• for WP, Android – Firefox 20 or higher, Chrome 28 or higher,
• for Apple: IOS 6 or higher – Safari,
• for Android: 4.4 or higher – native browser,
a. Access to the Internet
• Website contains a significant amount of data and on some mobile devices the access to some functions may be limited.
• the Service Provider states that using Services is possible also with the use of operating systems or internet browsers installed by the User other than the ones above; the Service Provider stipulates, however, that for technical reasons there may be difficulties in using Services in this case.
• In order to benefit from some of the Website functionalities it is required to give consent to nest cookies or other files in the User’s devices. For more information on such files please refer to the Privacy Policy available at the link to the privacy policy
B. Formal Terms and Conditions
1. Only a natural person who:
a. has at least limited capacity to perform acts in law,
b. has accepted the Regulations and has read the Privacy Policy
may be a User.
2. Some of the Services are available only to the Users who have registered their Account and have logged on to their Account on the Website. In order to register the Account it is required to:
a. provide the User’s email address and unique password which will be used by the User;
b. confirm that the User has read and accepted the provisions of the Regulations and that he has read and understood the Privacy Policy;
c. activate the Account by clicking the active link sent to the User’s email address provided during the registration process.
3. By using the Website, including registration and creating the Account, the User and the Service Provider enter into a contract on providing Services, including the Account, in accordance with the rules stipulated herein.
4. By choosing the option of registration on the Website the Service Provider shall gain access to certain information about the User (such as the email address provided in the registration process).
5. One User may create only one Account on the Website.
6. Using the Website, regardless of the range of Services, is free of charge. Creating the Account is also free of charge. The Service Provider may introduce other, payable services in the future but in order to provide them the consent of the User shall be required.
IV. Range of Services
1. The User who uses the Website without the Account may:
a. read the information about the Website;
b. read the Regulations and the Privacy Policy;
c. change the website language;
d. view Photo albums;
e. generate links to individual Photo albums;
f. register the Account.
2. The User who uses the Website after having created the Account may:
a. use the Services referred to in item 1 above;
b. create folders as well as save and catalogue Photos in folders.
V. Blocking or Deleting the Account
1. The Service Provider may block the use of Services by the User if he finds that the User uses the Website in a manner contrary to the Regulations, in spite of having been requested to cease infringement. As a result of blocking the Account by the Service Provider the User shall lose the possibility to use the Services referred to in part 4 item 2 within a given account, which the User consents to.
2. The User may delete the Account himself at any time. As a result of deleting the Account the User shall lose the possibility to use the Services referred to in part 4 item 2 within a given account, which the User consents to.
3. Deleting the Account by the User shall constitute termination of the Contract for the Provision of Services by the User, referred to in part 2 item 10, effective immediately.
VI. Complaints
1. Complaints related to using the Website by the User may be filed via email to info@tekpolska.pl
2. The complaint should include the reference of the User who files the complaint (email address provided in the registration process) and a short description of the event which justifies the complaint together with the grounds for the complaint.
3. Within thirty (30) days following its receipt the complaint shall be processed and the User filing the complaint shall be informed of the decision of the Service Provider via email.
4. The consumer may resort to out-of-court methods of processing complaints and pursuing claims. If a consumer wishes to try to reach amicable resolution of a dispute regarding internet shopping, he may file his complaint e.g. through a European ODR platform available at: http://ec.europa.eu/consumers/odr/.
VII. Personal data
The rules for processing personal data of the Users by the Service Provider as well as the rules governing the protection of such data are defined in the Privacy Policy.
VIII. Final provisions
1. the Service Provider reserves the right to change the Regulations, with sufficient advance notice, which the Users who did not register the Account shall be notified of via the Website (e.g. in a pop-up message or in another message on the first page of the Website) and in an email sent to the email addresses of the Users who registered their Accounts on the Website. The changed Regulations need to be accepted by the Users. Lack of such an acceptance shall prevent the Service Provider from providing Services and shall constitute a basis for terminating the Contract by the Service Provider with 30 days’ notice. The declaration of termination of the Contract referred to in the preceding sentence shall be filed in the form of an email sent to the User’s address.
2. Regulations may be changed due to:
a. changes to the legal provisions or introduction of new provisions and the necessity to adjust the Regulations in this respect;
b. introduction of new services or cessation to provide some Services;
c. changes to the technical conditions;
d. other reasons related to the Service Provider or his partners.
3. Regardless of other provisions of the Regulations, the Contract may be terminated by the Service Provider with 7 days’ notice, if:
a. the User violates the provisions of the Regulations;
b. the User violates the right to Photos;
c. the Website is used in a manner contrary to the Regulations.
4. To all the matters not regulated herein the relevant provisions of the law applicable in the Republic of Poland apply.
5. the Service Provider states that comparing the colours of the Photos available on the Website with the colours of the printout made under a separate contract for production/printout of materials is not correct. the Service Provider states that bearing in mind the technological differences the colours of the printed materials may differ from the colours of the Photos displayed on the computer screen. The degree of such differences may also differ, depending on the parameters of the User’s devices. For more information about this please contact use at info@tekpolska.pl