WEBSITE TERMS OF USE

§1. GENERAL PROVISIONS 

  1. This document (hereinafter „Terms”) sets out the rules governing the use of the website operated under the domain name zwiedzbrowar.pl (hereinafter „Website”) as well as all products, software, uploaded data and services, provided to the user by, from or via the Website (hereinafter “Services”).
  2. These Website Terms of Use contain the rules set out in this document as well as the “Marketing Communication Policy” applied by the Owner available at zwiedzbrowar.pl(http://www.kp.pl/pol/files/multimedia/Polityka_Komunikacji_Marketingowej.pdf) together referred to as “Terms”.
  3. The Owner of the Website is Kompania Piwowarska S.A. with its registered office at ul. Szwajcarska 11, 61-285 Poznań, entered into the National Court Register kept by the District Court for the City of Poznań – Nowe Miasto and Wilda in Poznań, XIII Economic Department under number 0000086269, tax ID number (NIP) 646-03-25-155 (hereinafter „Owner”).
  4. The Owner provides services by electronic means pursuant to the Terms, the Act on Providing Services by Electronic Means of 18 July 2002, and other provisions in force within the territory of the Republic of Poland.
  5. Website users shall become familiar and comply with the rules contained in the Terms. By using the Website, users agree to be bound by these Terms and undertake to comply with their provisions.
  6. The Website is available only to individuals over the age of 18 (hereinafter “User” or Users”).
  7. The Terms apply to all Service Users, including Users who also post their own Content with the use of the Services. “Content” encompasses text materials, software, scripts, graphics, photos, audio, music, videos, audiovisual materials, interactive elements and other materials that can be viewed, accessed and posted by the User with the use of the Services.
  8. Intellectual property rights to the materials available on the Website shall be vested exclusively in the Owner, unless stated otherwise. Any form of reproducing, printing, and displaying the content publicly is forbidden, unless otherwise specified in separate agreements or dictated by legal regulations in force.
  9. No information published on the Website constitutes an offer within the meaning of the Civil Code.

 

§2. TERMS AND CONDITIONS OF SERVICE 

  1. Proper functioning of the Website is ensured by using the following browsers:
    1. Desktop browsers:
      • Chrome 24+
      • FF18+
      • IE8+
      • Opera 12+
      • Safari 5+
    2. Tablet browsers:
      • Android Browser
      • iOS iPad Safari
    3. Smartphone browsers:
      • Android Browser
      • iOS iPhone Safari
  1. The User is prohibited from submitting content considered illegal, especially posting content on the Website that violates third party rights, is commonly considered offensive, or materials infringing intellectual property rights.
  2. In case of prohibited use of the Services, i.e. not in accordance with the Terms or the applicable laws, the Owner shall have the right to process the User’s personal data to the extend necessary to establish his responsibility. The Owner has the right to disclose the User’s data to authorized bodies for the purpose of their proceedings.
  3. By posting any materials on the Website, the User makes it publically available. Such materials shall not be treated by the Owner as confidential or proprietary.
  4. The Owner reserves the right to delete any materials, in particular those that violate the provisions of these Terms or legal regulations. Additionally, the Owner has the right to block the User’s access to the Website, if he/she breaches the provisions of the Terms or legal regulations.

 

§3. GENERAL USE RESTRICTIONS 

  1. The Owner hereby grants the User`s access to the Services and permits the use thereof, provided the following conditions are met, and the User confirms that failure to comply with any of these conditions shall be considered a breach of the Terms:
    1. The User undertakes not to distribute any parts of the Website or Services, including but not limited to any Content on any carriers, without the prior written consent of the Owner, unless the Owner provides means to execute such distribution through the functions offered as part of the Services;
    2. The User undertakes not to change any part of the Website or Services.
    3. The User undertakes not to block or in any other way disrupt the operation (and not to make any attempts to) of the Service security elements or elements that prevent or restrict the use of the Content;
    4. The User undertakes not to use nor launch any automated system accessing the Services by sending more request messages to the zwiedzbrowar.pl servers for a given period than any human being can reasonably produce for the same period using a standard browser (meaning not modified) available to the public;
    5. The User undertakes to gain access to the Content solely for his/her own use and not for commercial purposes, only for the intended purpose resulting from the normal scope of the Services’ functionality;
    6. The User undertakes not to copy, duplicate, distribute, transfer, broadcast, display, sell, license or in any other way use the Content without prior consent from the Owner, unless otherwise specified.
  2. The User acknowledges that he/she is fully responsible for – and that the Owner is not liable towards the User or any other third parties for – a breach of any obligations under the Terms and the effects of such breach (including possible losses or damages suffered by the Owner).
  3. The Owner reserves the right to perform maintenance works that might cause some problems with using the Website or temporary prevent Users from using it.
  4. The Owner shall not be liable in case the User is not able to access the Website as a result of e.g. technical restrictions of the User’s device.
  5. The Owner informs that the links to other websites provided on the Website were not prepared by him, unless otherwise specified. Therefore, the Owner accepts no responsibility or liability for any information, opinion or materials contained on such websites or websites connected to them.
  6. Specifications, elements, illustrations, equipment and other information contained on the Website are based on current data, however, the Owner, despite his best efforts to ensure accuracy of the Website content, is not able to guarantee its relevance at all times.

 

§4. COPYRIGHT POLICY 

The Owner pursues a transparent copyright policy in case of Content considered to be violating third party copyrights. In case of copyright infringement, the Owner shall be contacted – the ‘contact us’ section on the Website.

 

§5. CONTENT 

  1. By using the Services, the User can transfer Content. The User acknowledges that the Owner may refuse publication of the Content.
  2. The User shall retain all copyrights to his/her own Content, however, the User should grant the Owner and other users of the Services limited license rights, as specified in Art. 6 herein (Rights to which user grants license).
  3. The User acknowledges and agrees that he/she is solely responsible for his/her own Content and the effects of their publication. The Owner does not endorse any Content nor related opinions, recommendations or advice, and refuses to accept any responsibility in regard to the Content.
  4. The User represents and warrants that he/she has (and will still have while using the Website) all necessary licenses, rights, permissions and consents required to allow the Owner to use the Content for the purpose of providing Services and using the Content in a way specified for the Services and in these Terms.
  5. The User agrees that the Content submitted by him/her for the Services shall not contain any materials that are subject to third party property rights (including the right to privacy and the rights for use of likeness), unless the User has the official license or consent from the legal owner or any other permission to submit the material in question and grant the Owner the license specified in Art. 6 point 1 below.
  6. In the event that the Owner becomes aware of any potential breach of the Terms, the Owner reserves the right to, freely and without the need of prior notification, decide whether the Content meets the requirements specified herein, and has the right to delete the Content that violates these Terms.

 

§6. USER LICENSE GRANT 

  1. By placing Content on the Website, the User grants:
    1. The Owner a free, non-exclusive, transferable licence (unlimited in terms of territory, with the right to sublicense) to use the Content, duplicate, distribute, develop derivative works from, display or perform the Content in relation to providing the Services and conducting business activity, including but not limited to promoting and disseminating the Services, partially or as a whole (along with the derivative works), irrespective of the carrier format and the medium;
    2. Every Service User a free, non-exclusive licence (unlimited in terms of territory) to access his/her Content via the Services, and to use such Content, duplicate, distribute, develop derivative works from, display or perform the Content as part of the functionality offered by the Services and within the limits allowed under these Terms.
  2. The licenses specified above granted by the Owner with respect to the Content shall expire when the User contacts the Owner with a request to delete it from the Website.

 

§7. PRIVACY POLICY 

  1. The Owner processes information about Users, including their personal data, in accordance with the provisions ofthe Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws 2016.922 from 06.28) and the Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws 2002, No. 144, item 1204, as amended), using the security measures required by law.
  2. The Owner reserves the right to reveal chosen User`s information to the authorities or third parties who submit a request for such information, on the basis of the appropriate law. Apart from the cases indicated in the previous sentence, User`s information shall not be disclosed to any third party without the User’s consent.
  3. The User’s data shall be stored for no longer than necessary with respect to using the Website, and then shall be removed from the system.
  4. Every User has the right to access, correct, and supplement his/her personal information, as well as to demand that processing of the data is ceased and the data deleted, after notifying the Owner in writing. In case of deletion of data necessary to use specific resources of the Website and Services offered as part thereof, the User loses the ability to use them.

 

§8. COMPLAINT PROCEDURE 

  1. The User has the right to file complaints in matters relating to the provided Services.
  2. Complaints shall be sent in writing to the Owner’s address stated in Art. 1 point 3.
  3. Complaints shall be considered by the Owner without due delay, however, not later than within 14 days from the date of their receipt.
  4. A properly filed complaint should contain at least the following data:
    1. User’s first and last name, address, e-mail address (if possible);
    2. Description of the complaint;
    3. Note “COMPLAINT” on the letter.
  5. Complaints without the above elements shall not be considered.
  6. A complainant shall be informed about the result of the complaint procedure via mail or e-mail to the provided address.

 

§9. FINAL PROVISIONS 

  1. The Terms shall apply from the date of publication on the Website.
  2. The User may withdraw from using the Website at any time, in particular if the User does not accept further amendments to these Terms or modifications to the Website Services.
  3. The Owner reserves the right to amend these Terms, e.g. for the purpose of taking into account any changes in legislation or in functions offered within the Services. Therefore, the User shall regularly verify whether the Terms remained unchanged. The amended version of the Terms shall be published at zwiedzbrowar.pl or made available within the Services (in case of changes in additional terms). The User who does not accept the Terms is obligated to discontinue all use of the Services. Using the Services by the User after the date of publication of the Terms shall be treated as an acceptance of the Terms.
  4. Matters not regulated in the above Terms shall be governed by the legal regulations in force within the territory of the Republic of Poland.