Terms and Conditions of the Newsletter Service
1.1. The following Terms and Conditions set out the rules for Subscriber's use of the Newsletter service.
1.2. Contents and graphics as well as other elements of the Newsletter are subject to copyright or other intellectual property rights vested in Service Provider or third parties and are protected by law. Subscriber does not acquire any rights nor is granted any licence to intellectual property contained in the Newsletter by the mere conclusion of a Newsletter service agreement with Service Provider.
1.3. The use of the Newsletter service is free of charge for everyone, with the proviso that Subscriber pays remuneration, if any, to entities providing telecommunication services such as Internet access and data transmission (telecommunication operators) for the use of the Internet access or data transmission in accordance with applicable price lists and terms of service.
1.4. Service Provider may at any time terminate the Newsletter service, change its subject matter or frequency.
1.5. Newsletter is sent with such frequency as determined by Service Provider.
2.1. Terms and Conditions are the rules covered by this document.
2.2. Service Provider is ALL GOOD S.A. with the registered office in Kołobrzeg (address: ul. Mazowiecka 24I/U9, 78-100 Kołobrzeg; registration: District Court in Koszalin, IX Commercial Division of the National Court Register/KRS, under KRS number 0000773117; NIP [Tax ID number]: 6711812675; share capital: PLN 278,199.40, fully paid up).
2.3. Subscriber is an individual (natural person), legal entity (legal person), or organizational unit not being a legal entity but having standing at law, using the Newsletter service under these Terms and Conditions. A natural person may be Subscriber if: (a) he/she has full legal capacity; or (b) he/she obtains consent of a statutory representative or legal guardian if he/she has limited legal capacity; or (c) he/she is represented by a statutory representative or legal guardian if he/she has no legal capacity.
2.4. Website is a collection of interrelated web pages and other documents made available by Service Provider at www.coffeedesk.com.
2.5. Form is a web page on the Website enabling Subscriber to order the Newsletter service.
2.6. Online Tools are the software and Form made available to Subscriber on the Website to order and use the Newsletter service, as well as Deactivation Links made available to Subscriber in order to unsubscribe from the Newsletter service.
2.7. Deactivation Link is a reference to the Website, received by Subscriber in an email message sent to the email address provided by Subscriber to Service Provider, enabling Subscriber to unsubscribe from the Newsletter service by activating this link.
2.8. Newsletter is a set of information sent by Service Provider to the email address provided by Subscriber, with a specified frequency, containing information, promotional or advertising content of Service Provider or other persons, in particular commercial information.
§3. USE OF NEWSLETTER
3.1. Subscribing to and unsubscribing from the Newsletter service are effectuated through the Online Tools.
3.2. To subscribe to and use the Newsletter service Subscriber should fill in the Newsletter service order Form and send it to Service Provider by clicking the subscribe button within the Form.
3.3. Subscription to the Newsletter service in the manner specified in these Terms and Conditions is understood to involve Subscriber’s declaration that:
3.3.1 The data provided in the Form relate to Subscriber and are true;
3.4. Service Provider reserves the right to verify the data provided by Subscriber in order to determine if said data relate to Subscriber and are correct.
3.5. Providing Service Provider with an email address is voluntary, although necessary for the use of the Newsletter service.
3.6. Subscriber's email address made available to Service Provider will be processed by Service Provider to provide the Newsletter service to Subscriber. With Subscriber's consent, his/her email address may be disclosed to third parties for direct marketing of their goods or services. Subscriber may withdraw his/her consent at any time, without affecting the lawfulness of processing based on consent prior to its withdrawal.
3.7. Service Provider is the controller of Subscriber's personal data.
§4. SUBSCRIBER STATUS
4.1. Service Provider makes every effort to ensure that all Subscribers with the latest versions of popular web browsers, up-to-date operating systems, efficient e-mail programs and such types of computers and internet connections which enable the use of the internet (minimum technical requirements) are able to use the Newsletter service. However, Service Provider does not guarantee, and is not responsible if not, every combination of those tools enables use of the Newsletter service. Moreover, the Website software and Online Tools may require specific configurations of Subscriber's computer (not blocking the Newsletter graphic content).
4.3. The Newsletter service agreement is entered into by and between Service Provider and Subscriber for an indefinite period of time.
4.4. Subscriber may terminate the services defined in these Terms and Conditions at any time. If Subscriber has no legal capacity to act, this right may be exercised by his/her legal representative or legal guardian. The services defined in these Terms and Conditions are terminated by means of a Deactivation Link received in the electronic message sent to Subscriber by Service Provider, including in each Newsletter.
4.5. Service Provider declares that Subscriber is prohibited from submitting illegal content in connection with use of the services described in these Terms and Conditions. By accepting these Terms and Conditions, Subscriber undertakes not to violate the above prohibition.
§5. PROVIDER RESPONSIBILITIES AND RIGHTS
5.1. Service Provider is not responsible (nor liable) in particular:
5.1.1. for interruptions or disruptions in the availability of the services specified in these Terms and Conditions caused by: (a) the need to repair, expand, modify or maintain hardware or software; or (b) circumstances beyond Service Provider's control (force majeure, acts or omissions of third parties);
5.1.2. for content originating from persons other than Service Provider, in particular for informational, promotional and/or advertising content of such persons;
5.1.3. for the loss of data due to hardware or software failure or the circumstances beyond Service Provider's control;
5.1.4. for non-performance or improper performance of the services specified in these Terms and Conditions if this is caused by third parties (in particular, telecommunications operators, providers of telecommunications lines and electricity);
5.1.5. for damage caused by Subscriber's acts or omissions, in particular for using the services specified in these Terms and Conditions in a manner inconsistent with applicable law and the provisions of these Terms and Conditions, and for damage caused by provision of incomplete or false data.
5.2. Service Provider has the right to terminate the Newsletter service agreement by giving Subscriber no less than seven days' notice in the event Service Provider closes the Website or the Newsletter service.
5.3. Service Provider may refuse to provide the services specified in these Terms and Conditions for security reasons and under other circumstances specified in these Terms and Conditions or in applicable law.
5.4. Service Provider reserves the right to:
5.4.1. develop or modify the software intended for the use of the services set out in these Terms and Conditions;
5.4.2. change the design or layout of web pages intended to provide the services specified in these Terms and Conditions;
5.4.3. expand or modify the forms and scope of the services set out in these Terms and Conditions, without prior notice to Subscribers.
5.5. If Subscriber violates the law or provisions of these Terms and Conditions, Service Provider is entitled to discontinue the services specified in these Terms and Conditions. Service Provider will notify Subscriber via email about its intention to cease the provision the services specified in these Terms and Conditions. At the same time, in the notification, Service Provider will call on Subscriber to cease, and remove the effects of, violations or provide relevant explanations within a fixed period of time, no shorter than 3 (three) days. In case of ineffective expiration of the aforementioned period or providing unreliable explanations by Subscriber, Service Provider may discontinue the services specified in these Terms and Conditions, of which Subscriber will be informed.
5.6. Service Provider is entitled to immediately discontinue the services specified in these Terms and Conditions, without prior notice to Subscriber, in the event:
5.6.1. Subscriber has provided false personal data;
5.6.2. Subscriber terminates the services set out in these Terms and Conditions.
§6. COMPLAINT PROCEDURE
6.1. Subscriber may address complaints on matters related to the use of the services specified in these Terms and Conditions to the following email address: [email protected].
6.2. Service Provider is obliged to handle the complaint within 30 (thirty) days of its receipt.
6.3. Where a complaint is incomplete which makes its handling impossible, Service Provider may call on Subscriber to complete the complaint, specifying a deadline, no shorter than 7 (seven) days, and the scope of necessary completion, and instructing Subscriber that his/her failure to complete the complaint within the specified period will result in treating the complaint as inadmissible.
6.4. Service Provider will send a reply to the complaint to the e-mail address indicated by Subscriber in the Form.
7.1. These Terms and Conditions shall enter into force as soon as they are posted on the Website.
7.2. Service Provider reserves the right to amend these Terms and Conditions. Service Provider will inform Subscriber about the contents of amendments to these Terms and Conditions by posting a message on the Website containing a summary of amendments to these Terms and Conditions. Subscribers will additionally be informed of the amendments to these Terms and Conditions by a newsletter containing a summary of the amendments to these Terms and Conditions. Notification of amendments to these Terms and Conditions shall take place no later than 14 calendar days before the amended Terms and Conditions are introduced.
7.3. Amendments to these Terms and Conditions will come into force as of the date stated along with the information about the amendment, however no earlier than 14 calendar days after Subscriber is informed about the amendments to these Terms and Conditions, with the proviso that the amended Terms and Conditions will be binding upon Subscriber unless Subscriber terminates the Newsletter service within 14 days from the date of receiving the information about the amendment.
7.4. These Terms and Conditions are available free of charge on the Website in a form which makes it possible to obtain, reproduce and record their content by means of the ICT system used by Subscriber.