GENERAL TERMS OF USE OF THE WEBSITE

(Website Regulations)

I. PREAMBLE

  1. This document sets forth the terms and conditions for accessing and using the Website, hereinafter referred to as “General Terms and Conditions“.
  2. Each User, upon taking steps to use the Website, is obliged to read, comply and accept the General Terms and Conditions, without restrictions and reservations.
  3. In case a User does not agree to all these General Terms and Conditions, they must stop using the Website and leave it immediately.
  4. All trade names, company names and their logos used on the Website belong to their respective owners and are used for identification purposes only. They may be registered trademarks.
  5. Unauthorized use of the Website’s content, works or information, as well as unauthorized reproduction thereof, retransmission or other use of any element of the Website, is prohibited, as such action may violate copyrights or protected trademarks.
  6. Questions or comments about the Website may be submitted to the following email address: biuro@unitemsoftware.com.

II. DEFINITIONS

  1. CONTACT FORM – a questionnaire available on the Website that allows you to immediately send a message to the Owner of the Website;
  2. APPLICABLE LAW – for the purpose of implementing the General Terms and Conditions, Polish law shall apply;
  3. WEBSITE – a tool named: unitemsoftware.com, used to provide electronic services;
  4. USER – a natural person, legal person or an organizational unit without legal personality but holding legal capacity, using electronic services available on the Website;
  5. CONDITIONS  – a set of all provisions including, but not limited to, these General Terms and Conditions, Privacy Policy, Cookie Filess, Online Store Terms of Use and any other terms and conditions available on the Website that relate to specific functions, properties or promotions, as well as customer service;
  6. OWNER – the entity providing this Website, namely: Unitem Software sp. z o.o. with its registered office at: ul. Kominiarska 42C 51-180 Wrocław, entered in the Register of Entrepreneurs kept by the Wrocław Fabryczna Commercial Court in Wrocław, VI Commercial Division, under National Court Register (KRS) no: 0000852969, and tax identification number (NIP): 8952220144;

III. SCOPE OF THE TERMS

  1. The Owner provides access to the content of the Website in accordance with the following General Terms and Conditions.
  2. The content and data published on the Website are intended for information for interested parties and may be used for information purposes only.
  3. Users may use the access and services offered on the Website, subject to prior consent to the General Terms and Conditions.

IV. RULES FOR USING THE WEBSITE

  1. The Website is supported by all kinds of internet browsers. No special properties of the User’s end device are required.
  2. After accepting the Terms and Conditions, the User has the right to view, copy, print and distribute, without changing the content, the content of this Website, provided that:
    • the content will be used for information purposes only, for non-commercial purposes;
    • each copy made will contain either the copyright notice or data on the author of the content.
  3. It is forbidden to use or copy the software, processes and technologies that are part of the Website.
  4. Users may use the Website only in compliance with the provisions of the Act of 16 July 2004 Telecommunications Law (Journal of Laws of 2004 No. 171, item 1800 with later amendments), on the provision of electronic services and the relevant provisions of civil law.
  5. It is forbidden to use the Website:
    • in a way that violates applicable law;
    • in any way that is unlawful or fraudulent, or in any way that is intended to achieve an unlawful or fraudulent purpose;
    • for the purposes of harming or attempting to harm children in any way;
    • to send, knowingly receive, upload or use content that does not comply with the General Terms and Conditions;
    • to transmit or provoke the sending of any unsolicited or unauthorized advertising or promotional materials, as well as any similar forms of advertisment, included in the collective SPAM category;
    • to knowingly transmit any data, send or upload any material containing viruses, Trojan horses, spyware, adware or other harmful software or similar computer codes programmed to adversely affect or threaten the functioning of any computer software or hardware or adversely affect or threaten the User.

V. COOKIE FILES

    1. The Website uses Cookie Files (cookies) or similar technology (hereinafter collectively referred to as “Cookie Files“) to collect information about the User’s access to the Website (eg. using a computer or smartphone) and their preferences. They are used, among other things, for advertising and statistical purposes and to adapt the Website to the individual needs of the User.
    2. Cookie Filess are pieces of information that contain a unique reference code that the Website sends to the User’s device in order to store and sometimes track information about the device used. Usually, Cookie Files do not allow the identification of the User. Their main task is to better match the Website to the User.
    3. Some of the Cookie Files appearing on the Website are available only for the duration of a given internet session and expire when the browser is closed. Other Cookie Filess are used to remember the User who is recognized on the Website after returning. Those Cookie Files are then retained for a long time.
    4. All Cookie Files on the Website are set by the Owner.
    5. All Cookie Files used by this Website comply with the applicable European Union law.
    6. Most Users and some mobile browsers automatically accept Cookie Files. If these settings remain unchanged, Cookie Files will be saved in the device’s memory.
    7. The user may change the preferences regarding the acceptance of Cookie Files or change the browser in order to be able to receive an appropriate notification each time the cookie function is set. To change the Cookie Files acceptance settings, the User has to adjust their browser settings.
    8. It is worth remembering that blocking or deleting cookies may prevent the User from fully using the Website.
    9. Cookie Files will be used for the necessary session management, including:
      • Creating a special login session for the User of the Website so that the Website remembers that the User is logged in and that his requests are delivered in an efficient, secure and consistent manner;
      • Recognizing a User who has previously visited the Website, which allows to identify the number of unique Users who have used the Website and makes it possible to make sure that the Website has sufficient capacity for the number of new Users;
      • Identifying whether a Website visitor is registered on the Website;
      • Registering information from the User’s device, including: Cookie Files, IP address and information about the browser used, in order to be able to diagnose problems, administer and track the use of the Website;
      • Customizing the layout elements of the Website’s layout or content;
      • Collecting statistical information on how the User uses the Website in order to improve the Website and determine which areas of the Website are the most popular among Users.

VI. FACEBOOK PLUGIN

  1. The Website contains a plug-in for Facebook Social Network.
  2. The Facebook plugin is marked with the Facebook logo.
  3. This plugin will connect directly to the Owner’s profile on the Facebook server. Then, Facebook can obtain information that the User has visited the Website from their IP address.
  4. If the User visits the Website while logged in to his Facebook profile, Facebook will register information about the visit. Even if the User is not logged in to Facebook, Facebook is able to obtain information about the IP address.
  5. Facebook does not provide the Owner with information about the collected data and how it is used. The purpose and scope of the data collected by Facebook are not known to the Owner. For additional information regarding privacy on Facebook, please contact Facebook directly or read the portal’s privacy policy at: https://www.facebook.com/about/privacy/.
  6. If the User does not want Facebook to be able to obtain information about browsing the Website, it is advised that the User logs out of their Facebook account beforehand.

VII. PLUGINS OF OTHER SOCIAL NETWORKS

  1. The Owner may also use other social plugins (e.g. Twitter, Google+ or LinkedIn).
  2. Plugins for social networks can be identified by the icons used to share information on an applicable platform.
  3. The plugins allow users of these platforms to link to a website in their posts on these social media platforms.
  4. The plugins will directly connect to the Owner’s profile on the server of the given social networking site. This portal can then obtain information that the User has visited the Website from their IP address.
  5. During the User’s visit to the profile, the administrator of the social network uses Cookie Files and other similar technologies to monitor the behavior and actions taken by the User. This information is collected, among others, for the purpose of creating the so-called website statistics. The statistics contain only anonymised statistical data about users visiting the profile and it is not possible to link them to a specific person. The Owner does not have access to personal data used by social networking sites for the purposes of preparing, among others, Website statistics.
  6. Thanks to the Website’s statistics generated by the social network, the Owner has information on how Users use the Owner’s profiles and which of the published content is the most popular. Thanks to this information, the Owner can optimize the profiles by better matching the published content to the interests and behaviors of Users. The entity responsible for the processing of Users’ data for the purpose of generating Website statistics is the Administrator of each of the above-mentioned social networking websites. Therefore, administrators are obliged to inform Users about all matters related to the processing of personal data for the purpose of creating website statistics and about the possibility of exercising the right to protect privacy, in accordance with the applicable law.

VIII. EXTERNAL LINKS

  1. Links on this Website to other websites are provided for information purposes only.
  2. The Owner of the Website is not responsible for the content on other websites or for any damages resulting from their use.

IX. CONTACT FORM

  1. The User may enter their contact details by filling in a special form provided to contact the Owner, the content of the message and accepting the shipment of the form’s data to the Owner.
  2. Leaving the contact details means that the User has consented to the processing by the Owner of the personal data provided in the Contact Form. The owner will be able to use the provided contact details to send offers or to contact the User.

X. RESPECT OF INTELLECTUAL PROPERTY RIGHTS

  1. The Website and its content may be protected by copyright, trademark law and other regulations related to the protection of intellectual property.
  2. The Owner’s marks, logos and other personalized emblems appearing on the Website (collectively referred to as “Marks”) are trademarks of the Owner.
  3. With the exception of separate, individual, written authorizations, the User may not use the Owner’s Marks: separately or in combination with other verbal or graphic elements, especially in press releases, advertisements, promotional and marketing materials, in the media, in written or oral material, whether in electronic form, in visual form or in any other form.

XI. PROTECTION OF USER DATA

The Owner fully respects the privacy of Users. Detailed information on the method of collecting and processing User’s personal data or other information, as well as situations in which the Owner may disclose them, can be found in the Privacy Policy tab.

XII. LIMITATION OF LIABILITY

  1. The Website contains general information. It is not intended to act as an intermediary in the provision of any professional advisory services. Before taking any action that has an impact on the User’s financial situation or business, it is necessary to contact a professional advisor.
  2. The Website does not provide any guarantees regarding its content, in particular guarantees of security, faultlessness, absence of viruses or malicious codes, guarantees of correct operation or quality.
  3. The Website provides no warranty of any kind, express or implied, including the warranty of merchantability or fitness for a particular purpose, non-infringement of copyright, customization, security and accuracy of information.
  4. The User uses the Website at their own risk and assumes full responsibility for damages related to or resulting from its use, both direct and indirect, incidental, consequential, moral or other damages in contract, tort, negligence, including, among others, for loss of data or services.
  5. The Website assumes no responsibility for any links posted on the Website, especially if they lead to websites, resources or tools maintained by third parties.
  6. The Owner is not responsible for the Website’s temporal or long-term unavailability for any reason.
  7. The Owner is not responsible for the information provided on the Website, nor can the Owner ensure the complete security of transactions or communications carried out through the Website.
  8. Despite the Owner’s best efforts to ensure the accuracy and timeliness of the Website, there may be unintentional errors, which the User, upon detection, is asked to report to the Owner.
  9. All the above-mentioned exclusions and limitations of liability apply to the fullest extent permitted by law, covering all types of existing liability, including contractual, tort and any other liability provided for in Polish or foreign legal order.

XIII. VALIDITY OF PROVISIONS

  1. Should any provision of the General Terms and Conditions be or should become invalid or ineffective under any jurisdiction, the remainder of the Terms and Conditions shall remain valid and unaffected. The parties will replace the invalid or ineffective provision with others that reflect the intended purpose as faithfully as possible. This also applies accordingly to any gaps in the General Terms and Conditions.
  2. Should any provision of the General Terms and Conditions be or should become invalid or ineffective in one or more jurisdictions, all provisions of the General Terms and Conditions will remain valid in any other jurisdiction.

XIV. RELATIONSHIP TO CONCLUDED AGREEMENTS

Unless otherwise stated, the General Terms and Conditions constitute a complete and exhaustive agreement between the User and the Owner regarding the use of the Website in terms of the content contained therein and supersede any other agreements, arrangements and contracts regarding the subject (content) of these General Terms and Conditions.

XV. CHANGING THE TERMS OF THE WEBSITE

  1. The Website’s Owner reserves the right to modify the General Terms and Conditions at any time by posting their updated version on the Website, which will apply to Users from the moment of their publication, unless otherwise stated in the modified General Terms and Conditions.
  2. The User is obliged to read the modifications to the General Terms and Conditions, about which the User will be informed via e-mail or a notification of changes to the General Terms and Conditions to be accepted.
  3. By continuing to use the website, the User accepts the modified Website Terms and Conditions.

XVI. SETTLEMENT OF DISPUTES

  1. The Parties agree to first resolve any disputes arising amicably before a competent arbitration court (arbitration clause).
  2. If an amicable settlement of the matter proves impossible, the dispute arising from this agreement will be settled by the court in whose district the Owner’s residence is located.

XVII. LEGAL BASIS

    1. In matters not covered by the General Terms and Conditions, the following acts shall apply accordingly:
      • the Act of July 16, 2004 Telecommunications Law ( Journal of Laws from 2019, item 2460, as amended);
      • the Act on Providing Services by Electronic Means of July 18, 2002 ( Journal of Laws from 2019, item 123, as amended);
      • the Act on Copyright and Related Rights of February 4, 1994 ( Journal of Laws from 2019, item 1231, as amended);
      • the Civil Code Act of April 23, 1964 ( Journal of Laws from 2019, item 1145, as amended);

and other applicable provisions of Polish law.