I. General Provisions.
1. Definitions of terms used in the Regulations:
- Commercial information – any information intended directly or indirectly to promote the goods, services or image of the Service Provider, excluding information that enables communication by means of electronic communication with a specific person and information about goods and services that does not serve to achieve the commercial effect desired by the entity that orders its dissemination, in particular without compensation or other benefits from manufacturers, sellers and service providers;
- Terms and Conditions – these Terms and Conditions for the provision of Electronic Services by Kelfield sp. z o.o.;
- Website – a website, available at https://www.kelfield.pl, connected to the Internet, through which the Service Provider provides Services;
- Provision of services by electronic means – the performance of a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the User, sent and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004. – Telecommunications Law.
- Agreement – a contract for the provision of services by electronic means, concluded between the User using the Services and the Service Provider;
- Services – services provided electronically, through the Service;
- Service Provider – Kelfield spółka z ograniczoną odpowiedzialnością with its registered office in Główczyce, ul. Słupska 2, 76-220 Główczyce, registered by the District Court for Gdańsk – North in Gdańsk, VIII Economic Department of the National Court Register under number 0000785942, REGON number 383358791, NIP 5252789685;
- User – a natural person using the Service.
2. These Regulations have been issued on the basis of the Act on Providing Services by Electronic Means of July 18, 2002 (i.e. Journal of Laws of 2020, item 344, as amended) and are made available free of charge through the Service, and at the request of the User, also in a manner that allows obtaining, reproducing and recording the contents of the Regulations.
4. In matters not covered by these Regulations, the provisions of Polish law shall apply. The Service Provider’s liability for the provision of the Services is contained in the relevant legislation, and these Regulations should not be read as providing additional guarantees or extending the rights of Users beyond the statutory requirements.
5. Contact with the Service Provider is possible via e-mail at: [email protected] and by mail at: ul. Słupska 2, 76-220 Główczyce.
6. The User undertakes to use the Service in accordance with applicable law, social and moral norms and the provisions of these Regulations.
II. Types and scope of Services provided.
These Regulations cover the Services provided electronically, using the Service, and in particular:
- Contact Form – Service provided on a one-time basis, allowing the User to remotely send content (text message) to the Service Provider for the purpose of obtaining a response and mutual communication;
- Search Engine – Service provided on a one-time basis, allowing the Customer to remotely search for content and display data stored on the Site.
III. Terms of Service.
1. The Service Provider provides services to Users to the extent and under the conditions specified in the Regulations.
2. The use of the Site or its Services does not require the creation of an account.
3. The use of the Website requires access to the Internet, while the use of the Contact Form Service, possession of an e-mail address, while it is not necessary to meet any specific technical requirements other than having a standard operating system and Internet browser. It is the responsibility of the User to meet the above requirements and the associated costs.
4. The Service Provider takes measures to ensure the continuous operation of the Site. However, the Service Provider stipulates that there may be interruptions in the functioning of the Website in order to update it, fix errors or perform other technical work.
5. The Service Provider notes that access to the Site and individual Services may be limited in time or disabled due to technical reasons or failures. The Service Provider will immediately inform Users of any technical interruption or failure in the customary manner. The Service Provider will endeavor to ensure that technical interruptions are carried out, if possible, during night hours and last as short as possible.
6. The Service Provider has no control over the non-performance or improper performance of obligations under the Agreement resulting from defective hardware or software of the User.
7. For the purposes of the Contact Form Service and identification, the User provides the following data in the contact form:
- Email address;
- Message subject;
- Message Content.
8. It is forbidden to use the Service for purposes contrary to the law or good morals, including those leading to discrimination against other Users, restricting the rights of other Users or preventing other Users from using the Service.
9. In particular, it is prohibited to use the Service in a way that may cause:
- unlawful access to data on and off the Website;
- Disruption of the operation of the Service’s IT infrastructure;
- causing a threat to the use, or quality of operations carried out by other Users of the Service;
- damage, or destruction of the integrity of computer data;
- Provision of unlawful content by the User.
IV. Conditions for the conclusion and termination of the Agreement and the complaint procedure.
1. The Agreement is concluded at the moment of the User’s use of any Service made available by the Service Provider on the Site, and terminates at the moment of its termination or the User’s termination of use of the one-time Service in question.
2. The User may terminate the Agreement at any time by sending an appropriate termination statement to the Service Provider, at least in documentary form.
3. The Agreement may be terminated by the Service Provider with 7 days’ notice by sending an appropriate notice of termination to the User, at least in documentary form.
4. The User may file a complaint if the Services are not performed by the Service Provider or are not performed in accordance with the provisions of the Regulations or the law.
5. Complaints can be submitted electronically via email sent to [email protected].
6. The complaint should contain at least the name and surname of the User and a description of the reported objections and demand. If the information or data provided needs to be supplemented, the Service Provider has the right to ask the complainant to supplement it in the indicated scope before considering the complaint.
7. The Service Provider shall consider the complaint within 14 days, counting from the date of its filing or supplementation.
8. The answer to the complaint is sent by e-mail.
V. Intellectual Property Rights.
1. All content or materials contained on the Website, including graphics, text, trade names, trademarks, layout of the Website and other elements are the property of the Service Provider or have been used by the Service Provider with the consent of the holders of the rights to the same. The Website, as well as the content, logos, images and other materials, their selection and form of presentation are protected by copyright or other intellectual property rights.
2. The use of the content referred to in paragraph 1 above does not imply the acquisition by Users of any rights on intangible property, including works. Except for cases of permitted use of the aforementioned intellectual property rights contained in the law, it is prohibited to copy, modify or transmit electronically or otherwise any of the Site in whole or in part for commercial purposes and without the prior written consent of the Service Provider. Trade names, trademarks, logos and other marks placed on the Site are legally protected. Use of the Service does not constitute permission to use marks appearing on the Service. Violation of intellectual property rights may result in appropriate legal action by the Service Provider or other authorized parties.
VI. Final Provisions.
1. The Service Provider has the right to change these Terms and Conditions for important reasons, in particular, such as: change in the scope or manner of providing Services, changes in the law. In the case of changes to the Regulations, its delivery will be made by posting on the Site within 14 days before the changes take effect. A change in the Regulations gives the User the possibility to terminate the Agreement. The User’s continued use of the Services of the Site of a continuous nature, after the introduction of changes in the Regulations, is tantamount to acceptance and understanding of them.
2. The law applicable to the Agreement and the Terms and Conditions is Polish law.
3. Changes regarding the update of the Service Provider’s data do not constitute an amendment to the Terms and Conditions.
4. If any provision of the Terms and Conditions is deemed invalid, the remaining provisions shall remain in effect.
5. The Service Provider informs that the use of the Services involves risks characteristic of this type of services, in particular the possibility of receiving unsolicited Commercial Information, the presence of malware (e.g. computer viruses, malicious software capable of self-replication) or spyware (software that spies on the activities of users on the Internet), as well as the possibility of being exposed to cracking or phishing phenomena. At the same time, the Service Provider informs that it has taken the necessary steps to minimize the aforementioned risks.
6. Regulations are effective as of 01.09.2022.