TERMS AND CONDITIONS OF SERVICE

stibitz.pl

  • 1. GENERAL PROVISIONS
    • The online shop available at the internet address http://www.stibitz.pl/ is operated by the Service Provider: Stibitz – Piotr Ciacek, Ul. Stanisława Wyspiańskiego 4 lok. 1, 01-577 Warsaw, NIP: 525 13 54 790
    • We have described in detail the rules for the processing of personal data by the Service Provider who is the data controller and about the cookies used in the Online Shop in our privacy and cookies policy.
    • The service provider’s e-mail address is: ciacek@stibitz.pl
    • The Service operates in accordance with the principles set out in these Terms and Conditions and the provisions of applicable law.
    • The Website is intended to present the services offered by the Service Provider, and use of the Website is understood to be acceptance of the receipt by the Client and the User of commercial information and direct marketing.
    • The Regulations set out the scope and type of Services provided electronically (free of charge and for a fee) by the Service Provider as part of the Website, the rules for the provision of these services, as well as the complaint procedure.
    • The Services offered by the Service Provider may only be used by Service Recipients. The Service Provider does not consent to the use of the Services by consumers. Consumers use the Services at their own risk and responsibility.
    • Customers wishing to use the Site and the Services offered by the Service Provider on the Site are required to comply with the provisions of these Terms and Conditions.

 

  • 2 DEFINITIONS
  1. Free access – access to the functionalities of the Website as defined by the Service Provider, for which no fees are required.
  2. Form – a form used to register the Customer and to conclude a Contract with the Service Provider available on the website www.stibitz.pl
  3. Organisational information – details of the relevant Service available on the website www.stibitz.pl, such as – if applicable – date, location, technical details needed for the Service, method of payment, contact person, STIBITZ PIOTR CIACEK being the organiser, etc.
  4. Terms and Conditions – these terms and conditions of the Service.
  5. Website – the Service Provider’s website operating at www.stibitz.pl.
  6. Service – access to the Service and the functionalities of the Service, including in particular, but not limited to, access to:
    1. online training (online meetings and webinars),
    2. information on current projects,
    3. Research,
    4. Meetings,
    5. Workshop,
    6. Newsletters,
    7. Thematic pages.
  7. Customer – an entrepreneur, understood as a natural person, a legal person and an organisational unit which is not a legal person and to which a separate act grants legal capacity – performing a business activity on its own behalf.
  8. Service provider – STIBITZ PIOTR CIACEK, Stibitz – Piotr Ciacek, Ul. Stanisława Wyspiańskiego 4 lok. 1, 01-577 Warsaw, NIP: 525 13 54 790
  9. User – the person indicated in the Form who, on behalf of the Customer, is entitled to use the Site.

 

  • 3. CONDITIONS OF SERVICE
  1. Through the Website, the Service Provider makes it possible to
    1. registration of the Service Recipient on the Site,
    2. use of the Site by the Customer and the User.
  2. It is a condition of the use of the Services by the Client with the Service Provider that he/she has read these Terms and Conditions and accepts them without modification or reservation.
  3. Marketing content of both the Service Provider and other entities may be made available on the Website by the Service Provider in the forms permitted by law.
  4. The Service Provider specifies the following technical requirements in order to use the Website:
    1. A device with internet access.
    2. Email access to create an Account.
    3. Web browser as supported by the manufacturer.
    4. Enabling Cookies and Javascript in your web browser.
  5. The Client is aware that the Internet is a public network and the use of services provided electronically may involve the risk of obtaining and modifying Client data by unauthorised persons, and therefore the Clients should take appropriate technical measures to minimise these risks. In particular, it is reasonable for Service Recipients to use anti-virus software.
  6. The Service Provider shall endeavour to ensure that the Website is properly secured.
  7. The Client understands that the content posted by the Service Provider on the Site is of a general (informational) nature, is not of an individual nature and cannot be considered as the provision of any advice. Accordingly, the recommendations on the Website are indicative only and the information contained therein should not replace a detailed analysis of the problem or professional judgement. The Service Provider shall not be liable for any losses arising from actions taken or omitted on the basis of the recommendations provided. The Service Provider recommends that any issues relating to the use of the Website be consulted with competent counsel.
  8. The Service Provider reserves the right not to provide the Services to entities competing with the Service Provider, or to consumers who are not Service Recipients.
  9. Links provided on the Services may lead to sites not operated by the Service Provider. The Service Provider does not express any opinions or warranties about such sites and is not responsible for them. 
  • 4 REGISTRATION
  1. Access and use of the Site by the Client is free of charge. Only certain functionalities of the Site expressly indicated by the Service Provider are chargeable.
  2. Access to and use of the Site is granted to the Customer for an indefinite period of time.
  3. Registration takes place as follows:
  • The Customer accepts these Terms and Conditions.
  • The recipient accepts the terms and conditions of the selected service – if provided,
  • The Customer provides the data necessary to use the Website in the Registration Form.
  1. The Customer should complete the Registration Form as follows:
  • all required fields of the Form should be completed,
  • the information entered on the Form should relate to the Client or persons acting on behalf of the Client and be truthful.
  • The Client or the person acting on behalf of the Client should consent to the processing of his/her personal data contained in the Form for the purpose of providing the Service – if required, in which case, when providing personal data of other persons, he/she must have their consent or and power of attorney.
  1. The Service Provider may control and verify the accuracy of the Client’s and User’s identification data contained in the Form, which does not mean that it is obliged to do so.
  2. The information and Services posted on the Site do not constitute an offer within the meaning of Article 66¹ of the Civil Code. By registering on the Site and selecting the option to access the Site, the Client submits an offer to the Service Provider under the terms and conditions specified on the Site and in the Terms and Conditions.
  • 5. USE OF THE SERVICE
  1. The Client’s access to the functionalities of the Site is free of charge; however, certain functionalities of the Site indicated by the Service Provider may be chargeable. The Service Provider may decide at any time to make any functionality of the Site chargeable or free of charge.
  2. To access the Services on the Site, the Service Recipient must complete the Form and accept these Terms and Conditions.

 

  • 6. USE OF ONLINE TRAINING (online meetings and webinars)
  1. The training takes place in an online format using the World Wide Web.
  2. Application for participation in a training course must be sent to the Service Provider using the online form on the website www.stibitz.pl.
  3. The Service Provider reserves the right to refuse the Client’s participation in the training course without giving any reason.
  4. In the event of cancellation of a training course, the Service Provider will organise the training course on another date indicated by it or cancel it. The Service Provider reserves the right to change the training programme. The above actions of the Service Provider shall not constitute grounds for any claims against the Service Provider.
  5. It is required that the Customer has an Internet access connection. The quality of transmission depends, among other things, on the speed of the connection. The Service Provider is not responsible for the failure to adapt the speed of the connection to the transmission requirements.
  6. It is recommended that during training, the Customer’s connection should not be overloaded by other users, which can lead to disruptions and communication difficulties.
  7. The Customer’s computer hardware must be equipped with any web browser in the version supported by the manufacturer and with speakers or headphones, and optionally with a microphone or headphones with microphone.
  8. The Service Provider is not responsible for the inadequate configuration of the Client’s computer equipment.
  9. The Service Provider is not responsible for cases where the Client fails to participate in the training due to any problems on the part of the Client.
  10. The Service Provider provides the possibility for the Service Recipients to replay the training courses that have been carried out by accessing the training archive.
  • 7. USE OF REPORTS AND PRESENTATIONS
  1. On the Site, the Service Provider shall give the Service Recipients the opportunity to use reports, presentations and other documents prepared by the Service Provider or other entities.
  2. The Service Provider provides the possibility for the Client to download reports, presentations and other documents.
  3. The use of reports, presentations and other documents is permitted solely for the Client’s own purposes. In particular, reports, presentations and other documents may not be used, processed, published or made available to others other than the Client without the consent of the Service Provider.
  4. The Service Provider is not responsible for the content of data and information included in reports, presentations and other documents and originating from external sources.
  5. The service provider points out that the data and information contained in reports, presentations and other documents are for information purposes only and do not constitute legally binding confirmed information.
  6. The Service Provider recommends that all information and data contained in reports, presentations and other documents should be consulted with competent counsel.
  7. The Service Provider is not liable to the Client for the content of reports, presentations and other documents.
  • 8. RIGHTS AND OBLIGATIONS OF THE RECIPIENT
  1. Each Customer is obliged to use the Site in a manner consistent with the law and good morals, bearing in mind respect for the personal rights and intellectual property rights of third parties.
  2. The customer is obliged to enter data which are factually and legally correct.
  3. The customer undertakes not to transmit any unlawful content via the Website.
  4. The Customer is obliged to familiarise himself with the content of these Terms and Conditions.
  5. The Customer is aware of the subject matter of the Website and the type and scope of the Services offered on it.
  6. The Client is entitled to use the Site and Services exclusively for his/her own use. It is not permissible to use the resources and functions of the Site and Services for the purpose of carrying out activities by the Client that would harm the Service Provider’s interests.
  • 9. FEES AND PAYMENT METHODS
  1. The functionalities of the Website indicated by the Service Provider may be chargeable. The amount of the fees will be available directly on the Website.
  2. The obligation to pay a fee for access to and use of the indicated functionalities of the Website is binding at the time the Service Recipient wishes to use these functionalities.
  3. The Service Provider shall issue a VAT invoice to the Client, which shall be sent in electronic form within the meaning of the Act of 11 March 2004 on Value Added Tax (consolidated text Journal of Laws 2011, No. 177, item 1054 as amended). Electronic invoices will be issued in pdf format and delivered to the Service Recipient’s e-mail address, to which the Service Recipient agrees. If the Client wishes to receive VAT invoices in paper form, the Client shall notify the Service Provider at the e-mail address kontakt@stibitz.pl.
  4. At the time of purchase of the service, the Service Recipient may choose to make payment online or by bank transfer within 7 days to the Service Provider’s bank account on the basis of an invoice that will be sent to the email address indicated by the Service Provider.

 

  • 10. COMPLAINTS PROCEDURE
  1. The customer is only entitled to submit a complaint for paid services insofar as there is no access to the website or the paid services have not been provided on time or have not been performed properly by the service provider.
  2. Complaints should be submitted by the Service Recipient within 14 days from the day on which the Service Recipient was not able to access the Site or from the day on which the paid Service was to be provided to the e-mail address: piotr.ciacek@stibitz.pl
  3. If the aforementioned time limit expires, the Service Recipient’s right to make a complaint shall lapse.
  4. The Service Provider will consider the Client’s complaint immediately, but no later than within 14 days from the date of delivery of the complaint. The Service Provider’s response to the complaint is sent to the email address provided by the Client.
  5. In the description of the complaint, the Client is obliged to provide as much information as possible and the circumstances of the non-performance or improper performance of the Agreement by the Service Provider, in particular: the Client’s data, including contact details and other data necessary to investigate the complaint.
  • 11. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
  1. The service will be performed with due diligence by the Service Provider.
  2. The Service Provider’s liability is excluded if:
  • The Customer and/or User is acting unlawfully,
  • The Customer and/or User has provided false data and information about themselves and information for the performance of the Service.
  1. The Service Provider has the right to refuse access to the Site and the provision of Services to the Service Recipient in question, either permanently or for a period of time to be determined by the Service Provider, in the event of:
  • the provision of incorrect or incomplete data and information,
  • suspicion of unlawful use of the Site by the Client and/or User or in a manner inconsistent with these Terms and Conditions,
  • no charge for Chargeable Services,
  • other significant reasons preventing the Provider from providing the Services, of which the Client will be informed.

In the cases described above, the Service Provider is not obliged to reimburse the fee paid by the Client, if such a fee has been paid.

  1. The Service Provider reserves the right to choose and change the type, forms, time and manner of granting access to the Site and the Services, of which it will inform the Service Recipients in the manner appropriate for amending the Terms and Conditions.
  2. The Service Provider shall not be liable for interruptions or disruptions in the provision of Electronic Services and access to the Website if the reason is:
  • modernisation, modification, maintenance or extension of the Service Provider’s ICT system or software;
  • Acts of third parties beyond the Service Provider’s control, including force majeure.
  1. The Service Provider shall not be liable for any inability or impediment to use the Site due to reasons attributable to the Client.
  2. The Service Provider has the right to close the Website and terminate the Services at any time.
  • 12 LIABILITY OF THE SERVICE PROVIDER
  1. Neither the Service Recipient nor any other person to whom the Services are provided shall be entitled to claim from the Service Provider, on contractual, statutory or any other basis, compensation for loss of profits or consequential, incidental or indirect damages in connection with claims arising out of these Terms and Conditions, including use of the Site or otherwise relating to the Services provided by the Service Provider, whether or not the likelihood of such loss or damage was foreseeable.
  2. Neither the Client nor any other person to whom the chargeable Services are provided may claim from the Service Provider, on contractual, statutory or any other basis, any compensation the total amount of which would exceed twice the fee paid for the chargeable Services.
  3. The Service Provider’s liability to the Client for the Free Services offered on the Website is excluded.
  4. In the event that the Service Provider would be liable to the Client, or to any other persons to whom paid Services are provided, under these Terms and Conditions or otherwise in connection with the Services provided by the Service Provider, for loss or damage to which other persons have also contributed, the Service Provider’s liability to the Client will be individual and not joint and several with those persons, and will be limited to the Service Provider’s equitable share of the total loss or damage, determined on the basis of the extent of the Service Provider’s contribution to the loss or damage in relation to the other persons who contributed to it.
  5. The reservations contained in paragraphs 1 – 3 shall not apply to losses or damages resulting from the Service Provider’s wilful misconduct, nor shall they apply to the extent that they are not permitted under applicable law.
  6. To the fullest extent permitted by law and professional regulations, the Client shall indemnify the Service Provider against all third party claims and resulting liabilities, losses, damages, costs and expenses arising in connection with unauthorised access to the Site by that third party or in connection with the use or reliance by a third party on content posted on the Site, disclosed to such third party by the Client, through the Client or at the request of the Client.
  • 13 CONFIDENTIALITY
  1. Except as otherwise permitted by these Rules, neither Party may disclose the other Party’s business secrets to third parties. However, each Party may disclose such information to the extent that the information:
  • are or have become known to the public otherwise than as a result of a breach of these Rules,
  • have subsequently been obtained by the recipient from a third party who, to the knowledge of the recipient, is under no obligation to keep that information confidential vis-à-vis the disclosing party,
  • were known to the recipient of that information at the time of disclosure or were later independently created,
  • have been disclosed in order to enforce the rights of the recipient of that information under these Rules,
  • must be disclosed under applicable laws, court procedures or professional regulations.
  1. Unless prohibited by law, the Service Provider shall have the right to disclose the Client’s and User’s information to other companies in the Service Provider’s group, employees and associates and third parties providing services to the Service Provider, who may obtain, use, transfer, collect or otherwise process this information (collectively: “Process”) in the various countries in which they operate, for purposes related to the provision of the Services, to comply with regulatory requirements, to check for conflicts of interest, for quality, risk management or financial accounting purposes, or to provide other administrative support services (collectively: “Processing Purposes”). The Service Provider will be responsible to the Client for keeping the Client’s information confidential.

 

 

 

  • 14. PERSONAL DATA AND COOKIES
  1. The Customer and the User, when choosing a particular service available on this portal and wishing to use it, is obliged to accept the specific terms and conditions related to this service – if attached, to express the necessary “consents” for the processing of personal data with an attached declaration – if acting on behalf of other persons or entities, must have their consent or power of attorney – if required – and sign the applicable agreement – if required.
  2. The Client and the User may agree with the Service Provider to process the data provided in the registration form for the purpose of sending and receiving commercial information and direct marketing by electronic means to the e-mail address provided.
  3. The Client and User may consent to the Service Provider to use the telecommunications terminal equipment of which the Client is a user for direct marketing purposes. The Client and User may consent to the Service Provider disclosing their personal data to the Service Provider’s co-service providers (“Service Provider Partners”) for the purposes of sending and receiving commercial information and direct marketing by electronic means from these Service Provider Partners.  Upon disclosure of the Client’s and User’s personal data, the Service Provider Partner becomes the controller of such data and it is to them that the Client and User should address queries relating to the processing of personal data.
  4. The administrator of the personal data of the Customer and the User is the Service Provider. The contact details of the Service Provider can be found in § 1 of the Terms and Conditions.
  5. The recipients of the personal data are entities assisting the Service Provider.
  6. The personal data of the Service Recipient and the User using the Services will be stored for the purposes of accessing the Website and the performance of the Services by the Service Provider and the direct marketing of products, as well as for the purpose of sending commercial information in the event that the relevant consent is given. The legal basis for the processing of personal data, is Article 6(1)(a) (where consent is given), (b) or (f) of Regulation (EU) 2016/679 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 (RODO).
  7. The categories of personal data of the Service Recipient and the User that are processed are personal data that come directly from the Service Recipient and the User (or have been provided on behalf of the Service Recipient and the User) .
  8. Personal data will be stored and processed until the Service Recipient or User requests their deletion or restriction of processing, or objects to processing, or requests their transfer.
  9. Personal data stored for the purposes of sending commercial information and direct marketing will be stored and processed until the Service Recipient or User withdraws their consent to the processing or requests the deletion or restriction of the processing or objects to the processing, or requests their transfer.
  10. The Client and User has the right to access, rectify, erase or restrict the processing of their personal data or has the right to object to the processing, as well as the right to data portability, for which purpose the Client and User, are invited to contact the Service Provider at the email address: piotr.ciacek@stibitz.pl. If the Client or User consents to the processing of personal data, the Client or User has the right to withdraw consent at any time without affecting the lawfulness of the processing.
  11. Personal data provided to the Service Provider is provided to the Service Provider voluntarily, with the proviso, however, that failure to provide the data specified in the Form during the registration process prevents the Service Provider from performing the Service and the Client from using the Site.
  12. The Customer has the right to lodge a complaint with the supervisory authority for the processing of personal data – the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw
  13. If you have any questions regarding the processing of your personal data, please contact me at the following email address: piotr.ciacek@stibitz.plW In the event that a Client or User enters personal data on the Site which does not concern the Client or User or that a third party enters the Client’s or User’s personal data, the Client or User or the third party undertakes, on behalf of the Service Provider, to comply with the information obligation towards such entities in accordance with paragraphs 4 to 14 of this section.
  14. The Website and/or each of its sections operated by the Service Provider may use so-called “cookies”. Through the use of “cookies” technology, the Website may store tags of information (“identifiers”) in the user’s browser, which are only used when the Service Recipient visits the Website. “Cookies” are not used to determine the identity of any visitor to the Website, but help to track the general traffic of Service Recipients on the Website in order to determine the preferred location and language of the Service Recipient and thus direct them to the appropriate page of the Website.
  15. If the User does not wish to receive cookies from the Website, he/she can enable the option in his/her browser to be notified of the receipt of cookies and decide each time whether to block them. However, please note that disabling the receipt of cookies in your browser may prevent you from using the Website.
  • 15 INTELLECTUAL PROPERTY
  1. Content posted on the Website, Services may constitute a work within the meaning of the Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws No. 24, item 83, as amended).
  2. The Client shall not use the name (including logo) of the Service Provider or its components in any promotional material or dealings with third parties without the prior written consent of the Service Provider.
  3. All rights to the Website and all content posted on the Website (including the Terms and Conditions) enjoy protection under the Copyright and Related Rights Act and are the property of the Service Provider.
  4. Any violation of the above rights of the Service Provider may result in civil and criminal liability.
  • 16. FINAL PROVISIONS
  1. These Terms and Conditions are effective from the date of posting on the Service Provider’s Website.
  2. The regulations are available in Polish.
  3. The Terms and Conditions are made available free of charge via the Service.
  4. The use of the Service is subject to Polish law and the jurisdiction of Polish courts. In matters not covered by these Terms and Conditions, the provisions of: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended); and other relevant provisions of Polish law.
  5. Any dispute relating to the Site or the Services provided by the Service Provider shall be subject to the exclusive jurisdiction of the court having jurisdiction over the seat of the Service Provider.
  6. The rights and obligations arising from the use of the Website may not be assigned or otherwise transferred to third parties without the prior written consent of the Service Provider.
  7. Changes made to the Terms and Conditions of the Site by the Service Provider are binding on the Client, provided that the Client has been properly informed of the changes and could have familiarised himself with them.
  8. If any provision of the Terms and Conditions is invalid, the remaining provisions shall remain in force. The invalid provisions shall be replaced by valid provisions approximating, to the extent permitted by law, the invalid provisions and reflecting the original intention of the Parties.