TERMS AND CONDITIONS
FOR THE PROVISION OF ELECTRONIC SERVICES FOR THE NEWSLETTER SERVICE
1. Terms used in these regulations have the following meanings:
- WIMBA – means Wimba Poland Sp. z o.o. with its registerred office at Cracow, ul. Fabryczna 20A, 31-553 Kraków, entered into the entrepreneurs register of National Court Register maintained by the District Court for Krakow-Śródmieście in Krakow, XI Commercial Division of the National Court Register under the KRS number:: 0000974000, NIP (tax identity number): 6751765315, REGON (statistical number): 522124301, share capital: 10.000,00 zł,
- User – natural or legal person using the Website,
- Terms and Conditions – these Terms and Conditions for the provision of electronic services,
- GDPR – Regulation (EU) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation),
- Website – website managed and operated by WIMBA available ta www.wimba.vet
- Provision of electronic services – the performance of the Service, consisting of sending and receiving data via ICT systems, at the individual request of the Customer, without the simultaneous presence of the parties in the situation of data transmission via public networks within the meaning of the Act of 16 July 2004 – Telecommunications Law (i.e. Journal of Laws of 2016, item 1489, as amended),
- Act on Provision of Electronic Services – Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344).
§2 GENERAL PROVISIONS
1. These Terms and Conditions for the provision of services by electronic means set out the principles for the provision of services by electronic means referred to in Article 8(1) of the Act on Provision of Electronic Services, and in particular the scope and conditions for the provision of services by electronic means, the principles of operation of the Website and use of the functionalities made available to the Users, including in particular the rights and obligations of the Users and WIMBA as well as the principles of data protection of Users.
2. In relation to the provision of electronic services by WIMBA on the Website, WIMBA undertakes to:
- Make the Terms and Conditions available free of charge for Users to read before providing electronic services,
- Provision of services by electronic means in accordance with the content of the Regulations, the Act on Provision of Services by Electronic Means and taking into account the provisions of the GDPR,
- Ensure that these Terms and Conditions are fully accessible, including the possibility of downloading, reproducing and recording them using the IT system used by the User.
3. Before using the Site, the User is obliged to acquaint himself/herself with the provisions of these Terms and Conditions, and to comply with their provisions after having accepted the Terms and Conditions in advance.
4. Failure to read and accept the Terms and Conditions will prevent you from using the services provided electronically on the Website.
6. Provision of Terms and Conditions, which have not been made available to Users in the manner indicated in sec. 2(c) above, shall not be binding on the Users.
7. It is forbidden for Users to provide unlawful content and to use the services provided electronically on the Website in a manner contrary to the law, good morals or infringing the personal rights of third parties. Furthermore, it shall not be permissible to use the resources and functions of the Website for the purpose of carrying out activities by the User which would infringe the interests of the WIMBA.
§3 NEWSLETTER SERVICE
1. WIMBA provides users with an electronic newsletter service free of charge.
2. Newsletter is made available to the User who enters his or her email address in the subscription form. The subscription form is made available on the Website.
3. After signing up, the User shall receive a subscription confirmation link via email, which must be activated by clicking on the link.
4. The Newsletter service contract is concluded as soon as the subscription is activated.
§4 TERMS OF THE NEWSLETTER SERVICE
1. The User can use the newsletter after fulfilling the following conditions:
- Have access to a terminal equipment on which the Internet can be used and accessed,
- Using a web browser that allows you to view and browse websites with cookies and similar solutions enabled,
- Having an email address,
2. The user using the Website is obliged to:
- Use the electronic services made available on the Website in a manner consistent with the law, good morals and in a manner that does not infringe personal rights of WIMBA of third parties,
- Refrain from using the electronically provided services for the publication of advertisements and other commercial information, including the dissemination of unsolicited commercial information.
- Refrain from publishing or transmitting content that is offensive, unlawful or infringes the copyright or image of third parties.
- Refrain from taking any other action that could disrupt or impede the operation of the Website.
3. WIMBA has the right to refuse to provide electronic services in the event that:
- The User will provide erroneous or false data, in particular concerning data necessary for the provision of electronic services to the User.
- The User will undertake actions disrupting the operation of the Website, as well as the use of the Site by other Users.
- Will temporarily or permanently cease to provide electronic services due to maintenance or modification of the Website.
4. The newsletter service, provided electronically, is free of charge.
5. WIMBA stipulates that due to the public nature of the Internet, which is also used to connect to the Site, as well as to transmit data, including e-mail, the provision of electronic services may involve standard risks, which the User accepts. In view of the specific nature of the possible risks, WIMBA does not guarantee full safety in the use of the Website.
6. In order to minimise risk and enhance safety, WIMBA advises Users to apply measures to protect the terminal devices they use to browse the Website, including by implementing access control mechanisms for these devices, installing anti-virus software, updating the operating system, as well as connecting terminal devices only to reliable wireless networks.
7. WIMBA reserves that it is not responsible for:
- interruptions in access to services resulting from necessary technical and administrative measures,
- disruptions in the operation of the Internet, Internet supply and interruptions in access to services in cases caused by force majeure,
- discontinuation of services with respect to Users who have violated these Terms and Conditions,
- the consequences of providing false, incorrect or incomplete information by the User,
- for the consequences of providing data of third parties without their consent or knowledge.
8. The user shall be solely responsible for consequences resulting from the provision of false, incorrect or incomplete information or the provision of third party data without their consent or knowledge.
9. In the event that WIMBA shall receive official notification that the stored content is of an unlawful nature and the data has been provided to WIMBA by the User and access to the data is prevented, WIMBA shall not be liable to the User for the damage caused by the prevention of access to the data.
10. In the event of any damage to the provision of services by electronic means, each party to an agreement for the provision of services by electronic means, concluded on the basis of these Terms and Conditions, shall be obliged to repair the damage that the other party has suffered as a result of non-performance or improper performance of its obligations under the Terms and Conditions, with the exception of situations in which the non-performance or improper performance of obligations under the Terms and Conditions results from circumstances for which neither party is responsible.
§5 TERMINATION OF THE CONTRACT FOR THE PROVISION OF ELECTRONIC SERVICES
1. The contract for electronic provision of the Newsletter service is concluded for an indefinite period of time and may be terminated at any time at the request of the User, expressed by clicking on the link cancelling the Newsletter subscription included in each email containing the Newsletter sent to the email address indicated by the User in the subscription form.
2. If WIMBA ceases to provide any of its services electronically, the User’s personal data shall be deleted from WIMBA ‘s database immediately, no later than within 12 hours from the receipt of a request resulting in the deletion of data submitted in accordance with the provisions of the Terms and Conditions. WIMBA shall each time notify the User of the deletion of his/her data from its database.
3. Notwithstanding paragraphs 1-2 above, the agreement for the provision of services by electronic means may be terminated by either Party at any time and without giving reasons, including in particular WIMBA may terminate the agreement for the provision of services by electronic means by sending a statement of termination to the User at the e-mail address indicated by the User when using the service to which the termination relates.
1. The User is entitled to lodge a complaint on matters related to the provision of electronic services covered by the Terms and Conditions. In the complaint, the User should at least specify:
- the electronic address (e-mail) of the User,
- a description of the problem giving rise to the complaint.
2. Complaints that do not contain the data indicated in paragraph 2 above will not be recognised.
3. Complaints should be addressed to WIMBA and the address of its registered office, i.e. ul. Fabryczna 20A, 31-553 Kraków, or at the electronic address: firstname.lastname@example.org.
4. Complaints will be dealt with within 14 days of their receipt by WIMBA, at the latest within 14 days of clarification of the circumstances necessary for their settlement. WIMBA shall inform the User immediately of the manner in which the complaint has been resolved via the User’s e-mail address provided in the content of the complaint.
§7 PROCESSING OF PERSONAL DATA
§8 FINAL PROVISIONS
1. WIMBA reserves the right to amend these Terms and Conditions for important reasons, in particular in the event of a change in generally applicable law to the extent that this affects the provisions thereof.
2. Users will be informed of changes to the Terms and Conditions by WIMBA 7 days before the new version comes into force. The information will be sent to customers by email containing a link to the new version of the Terms and Conditions.
3. If the User does not accept the new version of the Terms and Conditions, the User is requested to inform WIMBA. Failure to accept the Terms and Conditions shall result in termination of the contract for the provision of electronic services.
4. The law applicable to the settlement of disputes arising in connection with these Terms and Conditions is Polish law.
5. In matters not regulated by these Terms and Conditions, the relevant provisions of generally applicable law, including the provisions of the Civil Code and RODO shall apply.
6. The Regulations shall enter into force as of October 10, 2022.