TERMS AND CONDITIONS FOR THE INTERNET KIOSK
These Terms and Conditions shall govern all use of NBI MEDIA by all Users.
The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Product Licence Agreements, the course of the complaints procedure as well as the type and scope of electronic services rendered through the Kiosk, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.
By using the Electronic Services available via the Kiosk nbi.publuu.com, the User agrees to be legally bound and to abide by these Terms and Conditions.
To all matters not settled herein the following provisions of Polish law shall apply:
Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item 827),
Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.
DEFINITIONS FOR THESE TERMS AND CONDITIONS
ORDER FORM – shall refer to the electronic form available at nbi.publuu.com.
Kiosk – shall refer to the Internet Kiosk of the Service Provider operating at nbi.publuu.com.
CUSTOMER, LICENSEE – shall refer to a User who intends to conclude or has concluded a License Agreement with the Licensor regarding paid or free publications available at the Kiosk.
CONSUMER – shall refer to any natural person entering into a transaction with the seller for purposes that are outside their business, trade or profession.
LICENCE - means a licence agreement as defined in chapter 5 of the Copyright and Related Rights Act of 4 February 1994 (Dz. U. [Journal of Laws] no. 24, item 83).
LICENSOR, SERVICE PROVIDER – ul. Zakopiańska 9, 30-418 Kraków, Poland, firstname.lastname@example.org managing the Kiosk and providing the digital content published therein.
OPERATOR – means MDN GROUP, ul. Kępska 7, 45-129 Opole, Tax Identification Number NIP: 7543098610, statistical number REGON: 362526210, e-mail address: email@example.com, which is a Web Kiosk Service Provider in the www.publuu.com service.
PRODUCT – shall refer to available at the Kiosk, paid or free, digital content in the form of photographs, audio and video files and other publications, shared as individual editions or in full via access to the entire Kiosk, subject to the Licence Agreement between the Customer and the Licensor.
TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
LICENCE AGREEMENT – Product Licence Agreement concluded between the Customer and the Licensor via the Kiosk.
ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider via the Kiosk.
USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.
ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Licence Agreement with the Licensor.
PRODUCT AND ORDER INFORMATION
The Licensor grants a free or paid Product Licence through the Kiosk. Information about the payment of the Licence and its price shall be found in the Product description.
Products offered through the Kiosk are free from legal defects and have been legally introduced onto the market.
The information provided on the Kiosk websites does not constitute an offer as defined by applicable law. By placing an Order for a paid Licence, the Customer makes an offer to buy a paid Licence for a Product under the terms set forth in the Product description.
The Product prices on the Kiosk website are given in the currency, which is determined by the IP address-the location (country) of the Customer, i.e.:
Poland – Polish zloty
Other European Union countries – euro (EUR)
Other countries (non EU) – US dollar (USD)
The Product prices on the Kiosk website only become binding when the Customer has placed an Order. This price is unaffected by any price changes that may arise for individual Products once the Order has been placed.
Orders can be placed by completing the Kiosk Order Form, 24 hours a day, 365 days a year.
Customers are required to read and accept these Terms and Conditions during Order placement.
CONCLUDING LICENSE AGREEMENTS
In order to conclude a Licence Agreement, the Customer must place an Order, in accordance with the rules set forth under § 3 points 6 and 7, by choosing one of the methods made available by the Licensor.
After placing an Order, the Customer immediately receives an Order confirmation from the Licensor.
Receiving an Order confirmation from the Licensor is the point at which the Order becomes binding on the Customer. The Order confirmation and acceptance is sent to the Customer via email.
The Order confirmation email contains confirmation of all relevant elements of the Order.
After receiving the confirmation email, as set forth under point 4, the Licence Agreement between the Customer and the Licensor is finally concluded.
Licence to use the product, which the Licensor grants to the Customer, is either paid or free of charge (depending on the Product and possible price), non-exclusive, territory unlimited, but only for non-commercial purposes, i.e. cannot be used for commercial or professional purposes by the Customer and in accordance with the intended purpose of the Product.
Licences for access to individual editions and to all Kiosk content are granted for a limited period of time:
In case of individual editions until they are available at the Kiosk,
In case of the access to all the publications available at the Kiosk for a period marked in the subscription or their availability at the Kiosk.
Publications available at the Kiosk may be deleted by the Service Provider or blocked by the Operator.
If the Kiosk is blocked by the Operator, publications are not available to the Licensees. The Customer is entitled to reimbursement of the fee paid in proportion to the unused subscription period.
METHODS OF PAYMENT
The following payment options are made available to the Customer:
payment by credit card
payment via Paypal - electronic payment service.
In the case of payment by credit card or via electronic payment services, the Customer makes payment before the commencement of the Order execution.
The Customer is obliged to pay the price under the Licence Agreement immediately on the day of placing the order, unless the Licence Agreement stipulates otherwise.
In the case of a paid Licence, the Product will be made available immediately after payment.
Statutory warranty process.
The legal basis and the extent of the Licensor’s liability to the Consumer Customer for physical or legal defects in Products are set forth under the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended).
Notice of a Product defect and all demands should be submitted via email to the following address: firstname.lastname@example.org or in writing to the following address: email@example.com
The notice, submitted electronically or on paper, should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details Providing all necessary data will speed up the complaint-handling process.
A response to the Customer’s demand shall be sent promptly and, in any event, no later than within 14 days following the date of receipt.
In the case of complaints submitted by the Consumer Customers - the failure to consider the Customer’s complaint within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favour.
A response to the complaint is delivered to the Consumer’s email address provided in the application or another tangible medium.
RIGHT TO WITHDRAW
With the stipulation of point 3 of this chapter Consumer Customers have the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the Consumer Customer must notify his decision to withdraw from the agreement by an unequivocal written statement.
The 14-day period in which the Consumer may withdraw from an agreement counts from the date of receiving the Product, or in the case of a service from the date of concluding an agreement.
The right to withdraw a distance agreement does not apply to the Consumer in the case of the Agreement:
for the supply of digital content which is not recorded on a tangible medium if the fulfilment of the benefit began with the express consent of the Consumer before the expiry of the period for withdrawal and after informing the seller of the loss of the right to withdraw from the agreement (e.g. after gaining access to the publication).
in which the object of the service is provided if the seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision about losing the right to withdraw from agreement after the performance.
Both the Customer (Consumer) and the Licensor have a legal right to cancel the Agreement in the event that the opposite party fails to fulfil its obligations under the Agreement within the set deadline.
TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider grants access to the following Electronic Services:
concluding Product Licence Agreements,
access to Products (publications)
The provision of Electronic Services to the Users in the Kiosk shall take place under the conditions set forth in these Terms and Conditions.
The Service Provider reserves the right to display advertising content on the Kiosk website. Advertisements are an integral part of the online Kiosk front and the materials presented therein.
CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
The Electronic Services set forth under § 8 point 1 of these Terms and Conditions are free of charge or paid, depending on the Product (publication).
Electronic Services Agreements enabling the User to place an Order in the Kiosk are concluded for a definite period of time and terminate upon placement or withdrawal of the Order by the User.
Electronic Services Agreements enabling the User to access the publications available at the Kiosk are concluded for an indefinite or definite period of time and terminate upon cessation of use of this Service by the User.
End-user hardware, network and software requirements for the ICT system used by the Service Provider:
a computer (or a mobile device) with an active Internet connection,
access to email account,
The User agrees to use the Kiosk in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
The User is obliged to provide accurate and complete information to the Service Provider.
The User is prohibited from providing any unlawful or illegal content.
COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
Complaints about Electronic Services provided via the Kiosk should be submitted by email to: firstname.lastname@example.org.
All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
Terminating an Electronic Services Agreement:
Continuing and indefinite-term Electronic Services Agreements may be terminated.
The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following email address: email@example.com
The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider with a reasonable deadline for compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
The notice of termination leads to a cessation of legal relations with the effect for the future.
Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.
The compilation of all content at nbi.publuu.com is protected by copyright law and (with the stipulation of materials used under a licence, assignment of copyrights or fair use) is the exclusive property of NBI MEDIA trading as ul. Zakopiańska 9, 30-418 Kraków, Poland, tax identification number NIP: 6792197598. The User shall bear all liability for damages caused to the Service Provider and Operator caused by any use of the content of the website located at nbi.publuu.com without the consent of the Service Provider or the Operator.
Any use or reproduction of the content of the Kiosk located at nbi.publuu.com or any portion thereof, without the Service Provider Licence, constitutes a copyright infringement and is punishable under civil and criminal law.
Agreements concluded through the Kiosk are construed in accordance with the laws of Poland.
Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
Any disputes between the and Consumers arising out of or in connection with a Licence Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this section.
Judicial dispute settlement procedures:
Any disputes arising between the Service Provider and the Consumer User (Customer) shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
Any disputes arising between the Service Provider and the non-Consumer User (Customer) shall be settled by the court having jurisdiction over the Service Provider’s registered office.
Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/