§ 1. General conditions:
- The Regulations (hereinafter called as “the Regulations”) determine principles of using services provided by bwave.pl Sp. z o.o., in particular electronic mail and instant messenger, which are free of any fees (the “Services”)
- The Services are provided by the Polish law company under the name of “bwave.pl” Sp. z o.o. with its seat in Warsaw (Poland) at Jutrzenki Street No 177, registered in the register of entrepreneurs kept by the Regional Court for Warsaw XIII Commercial Division of the National Court Register under the number 0000344554, share capital in the amount of 5.000,00 zlotys, tax identification number: 522-293-75-43, statistical number (REGON): 142101573 (hereinafter called as “bwave.pl”).
- The User can accept conditions of the Regulations in the following ways:
- By clicking “I accept provisions of the Regulations” or “I agree for the provisions of the Regulations” if the User has such option within interface of Services provided by bwave.pl;
§ 2. bwave.pl's Services:
- bwave.pl cooperates with subsidiaries and affiliated legal entities. The subsidiaries and affiliated legal entities, which have been authorized by bwave.pl, are entitled to provide the User with services in the name and on behalf of bwave.pl. The User accepts such fact and agrees for it.
- bwave.pl is entitled to make changes in provided Services. However, bwave.pl is obliged to give the User best possibility to use Services.
- The User is entitled to stop using Services at any time. The User is not obliged to inform bwave.pl that he stopped using Services.
- The User accepts that bwave.pl does not create any limits on sending data or limits of place to keep data used for purposes of any Services provided by bwave.pl. However, bwave.pl is entitled to set such limits for reasons justifying such limits (including limits mentioned in the Special Regulations and limits temporarily created due to technical reasons).
§ 3. Promotional and advertising materials provided by bwave.pl:
- Some part of services of bwave.pl are financed from advertisements and for this reason advertisements and promotional offers may be displayed and presented in the Services of bwave.pl. The advertisements may be connected or targeted for information provided in the Services due to questions given through bwave.pl’s services or other information.
- The manner, mode and extent of advertisements presented by bwave.pl in the Services may change without any knowledge of the User.
- The User agrees and accepts the advertising materials in the Services of bwave.pl.
- The bwave.pl’s Services may have hyperlinks to other websites and contents. bwave.pl does not have any control over websites of third persons.
- The User accepts and agrees that bwave.pl is not liable for availability of websites of third persons mentioned in point 4 above and does not endorse advertisements, products and other materials available from such websites.
- The User agrees and accepts that bwave.pl is not liable for any damage of the User caused by using external websites of third persons mentioned in point 4 above.
- The User agrees and accepts that withdrawal of consent for receiving advertising materials results in termination of a contract with bwave.pl and closing of the User’s account under the procedure defined in the Special Regulations.
§ 4. Using Services of bwave.pl:
- Due to registration purposes or uninterrupted use of Services the User may be obliged to give bwave.pl some information. The User is obliged to give only honest, true and actual information.
- The User undertakes to use Services provided by bwave.pl only for purposes consistent with:
- provisions of the Regulations,
- provisions of the Special Regulations,
- law binding in the European Union if the User uses Services of bwave.pl in the territory of the European Union or
- law binding in the country outside the European Union, in which the User uses the Services of bwave.pl;
- principles of community life and widely accepted social and moral rules.
§ 5. Password and safety of the User’s accounts:
- The User accepts that the User is obliged to keep in top secret passwords for the User’s accounts chosen to obtain access to the Services of bwave.pl.
- The User is obliged to create a password in a way it is impossible to guess by third persons. The password shall contain from 5 to 15 characters, but the User is entitled to use small and capital letter, numbers and characters as: $%#@!.
- The User is responsible for giving his password to third persons, in particular he is liable for covering costs for all Services provided by bwave.pl not free of charge by using login and password.
- The User accepts that he is solely responsible to bwave.pl and third parties for actions and omissions caused by using his account.
- The User is entitled to change a password necessary to use Services of bwave.pl by:
Availability of procedures to recover a password depends from given Services of bwave.pl.
- making disposition to change a password after prior log-in to the User’s account or
- giving a proper answer for an additional (subsidiary) question in a process to recover a password or
- sending sms with a content “o2” on the following number: ….. and proper activation of a received code in the application form on changing passwords or
- submitting an application form on recovery of a password.
§ 6. Scope of Services provided by bwave.pl:
- The User accepts that all information and artistic works, which are available to the User - due to access to Services provided by bwave.pl – are the sole responsibility of the person from which such content originated. All such information shall be called as “the Information” and artistic works shall be called as “the Artistic Works”.
- The User accepts that the Information and the Artistic Works presented to him in Services of bwave.pl, including advertisements and other sponsoring materials, may be protected with intellectual property rights belonging to sponsors or advertisers. The User is not entitled to modify Information and/or the Artistic Works in any way or form, use, reproduce them or create new artistic works (derivative works) on the basis of the Information/Artistic Work obtained due to use of the bwave.pl’s Services, unless the User will obtain a written consent of bwave.pl. In such case the User is obliged to prove, that he obtained consent of bwave.pl. Lack of consent shall be treated as a detrimental infringement of copyrights and/or other intellectual property rights of bwave.pl or other entitled entities.
- bwave.pl reserves itself a right of initial verification of entire or a part of the Information and/or the Artistic Works sent to bwave.pl, right to review, mark, flag, modify, reject to accept or include it into the Services of bwave.pl and also a right to remove it from Services of bwave.pl entirely or in part.
- The User is entitled to use for own purposes Services and software designated to limit access to materials treated by the User as inadmissible.
- The User accepts that during use of bwave.pl’s Services the User can have a contact, at the User’s own risk, with information, which can be treated as offensive, indecent or objectionable and the User agrees for it.
- The User accepts that he bears full liability for all information, data and artistic works created, submitted or inserted by the User during use of bwave.pl’s Services and also for all consequences of actions or omissions caused by the User with in this scope. The User also bears full liability for potential infringement of bwave.pl’s rights and third persons’ rights and that the third persons will not raise claims in relation to use of bwave.pl’s Services by the User.
- In case such actions or omissions of the User infringed or could infringe rights of third persons and in case the third persons raise claims against bwave.pl due to use of the bwave.pl’s Services by the User, the User is obliged irrevocably, unconditionally, at the first request of bwave.pl, to pay bwave.pl any amounts which bwave.pl is obliged or will be obliged to pay due such events. However, this principle does not exclude possibility to raise claims and ask for compensation by bwave.pl based on general rules of law.
- bwave.pl reserves itself a right to give access to the User’s data and contents of his correspondence if such obligation comes from the legal regulations.
§ 7. Using rights of bwave.pl:
- bwave.pl declares and the User accepts that bwave.pl is the exclusive owner or licensee of all rights to the Services of bwave.pl, in particular – but not limited to – copyrights, neighboring rights and other intellectual property rights even if they are not registered.
- The User accepts that he is not entitled to use trademarks, commercial names, logos, names of domains, titles and other marks belonging to bwave.pl, unless the User obtains prior written consent of bwave.pl otherwise being null and void. The User is entitled to use trademarks, commercial names, logos, names of domains titles and other marks of bwave.pl without bwave.pl’s consent only to inform or promote bwave.pl’s Services.
- The User is not obliged to remove, modify and cover any information about copyrights, neighboring rights and other intellectual property right, which may be presented in services of bwave.pl or be a part of such services.
- The User accepts and obliges himself that during use of bwave.pl’s services the User will not use any identifying signs (in particular trademark or , commercial names) of any entity, which could or can mislead a receiver about properties, attributes or entitled entity to use such identifying signs.
§ 8. Non-exclusive license given by the User:
- The User is the sole owner of copyrights, neighboring rights, other intellectual property rights and other rights to the Artistic Works, which the User inserted, posted or displayed in services of bwave.pl. By inserting, submitting, posting or displaying the Artistic Work the User grants bwave.pl a non-exclusive, royalty-free and irrevocable license to use and disseminate them in all fields of exploitation mentioned in art. 50 of the Polish Act on Copyright and Neighboring Rights, including reproduction using any technique, including printing, reprographic, magnetic, digital and three-dimensional, recording using any technique, including printing, reprographic, magnetic and digital; introducing to trade in Poland and abroad, leasing or lending of original or copies, public exhibition, public performance, public display, public screening, making them available publicly in such a way that anybody may have access to them at a chosen place and at a chosen time (including the Internet, telecommunication networks etc.), broadcasting by any means (including via cable and satellite) and re-transmission.
- Moreover, the User agrees for adaptations and adjustments to the Artistic Works to needs of bwave.pl, for making changes, using all or parts of the Artistic Works and to translate them. The license is granted to bwave.pl without any time or territorial limits.
- The purpose of the license granted to bwave.pl by the User is to give bwave.pl a possibility to use and disseminate (including advertising and promotion materials) services. The User accepts that the User can revoke the license for some services due to provisions of the Special Regulations.
- The User accepts that the User is solely responsible for protection of his rights to the Information and the Artistic Works, which belong to him and to raise claims concerning them at own discretion and using own means.
- The User accepts that bwave.pl is not obliged to undertake any actions in the name and on behalf of the User to protect the User’s rights or to raise claims mentioned in clause 3 above.
- The User allows bwave.pl for granting a sub-license to use and disseminate the Artistic Works belonging to bwave.pl for the benefit of third persons, who cooperate with bwave.pl to mutually perform services in the same scope as bwave.pl is entitled to use them.
- The User accepts that the information, which the User inserts or displays in the Services of bwave.pl can be freely used and disseminated by bwave.pl or any third party making use of the Services of bwave.pl for any purposes. The User confirms that the User does not infringe third party's rights by inserting or displaying such information in the Services of bwave.pl.
- The User agrees for all provisions of the license mentioned in the Regulations. The User ensures that the User holds all rights and is entitled to grant bwave.pl such license. In case the User does not have such rights in a scope defined in the Regulations, § 6 clause 7 of the Regulations shall apply.
§ 9. Non-exclusive license for use bwave.pl’s software:
- bwave.pl gives the User a non-exclusive and royalty-free license to use software given to the User by bwave.pl within the scope of permanent or temporary reproduction within the use of Services provided by bwave.pl.
- The User is not entitled to grant further licenses (sub-licenses) to third persons. It means that the User is not entitled to give or disseminate the software to third persons for any reasons and in any way, unless bwave.pl gives a written consent to the User, otherwise being null and void.
- The User accepts that the software can download automatically all upgrades and install them. The upgrades are created to improve, enhance and further develop bwave.pl’s services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. The User agrees to receive such updates to use services of bwave.pl.
§ 10. Temporary suspension of Services provided by bwave.pl:
- During made changes bwave.pl may stop providing Services or elements of Services to the User or all Users due to the important reasons.
- bwave.pl does not make any additional copy of correspondence, information or artistic works of the Users inserted, submitted or posted during use of the bwave.pl’s Services.
- In case a pause or temporary suspension of Services provided by bwave.pl is possible to foreseen – if it is possible and reasonable – bwave.pl will inform the User about such situations or occurrences with a proper time before it can happen by sending emails on the User’s accounts. Such provisions do not give the User any right to raise any claims against bwave.pl.
- In situations mentioned in clause 1 above - if it is possible and reasonable – bwave.pl will inform the User about such situations and occurrences with a proper time before it can happen, sending information on the User’s e-mail address.
- Provisions mentioned in clause 1 above may be applied by bwave.pl taking into account rights and obligations of bwave.pl and the User arising out of the contracts and orders relating to Services provided and given by bwave.pl together with the User’s login and password.
- Provisions of contracts and orders related to Services (other then defined in the Regulations) provided and given by bwave.pl together with the User’s login and password regulating rights and obligations of the parties in other way the Regulations shall have priority before the Regulations.
§ 11. Limitation of bwave.pl’s liability:
- bwave.pl is not responsible to the User and third parties for any actions and omissions of the User. The User agrees and accepts this fact.
- Liability of bwave.pl for performance of the Services – no matter of the legal basis – is limited to damage caused by bwave.pl due to a deliberate fault and gross negligence.
- bwave.pl does not take any liability in particular for:
- the way of using bwave.pl’s Services by the User;
- situations and consequences of giving data of account to a third person or due to taking such data by a third person without knowledge or will of the User. However, this provision of the Regulation does not apply in case the loss of password/login or taking such data by a third person happened due to fault of bwave.pl or reasons for which bwave.pl bears liability under binding legal regulations,
- contents downloaded by the User from the Internet,
- non-performance or improper performance of services if it is caused by a third person (in particular telecommunication operators, deliverers of telecommu-nication connections and electric energy). Limitations mentioned in the previous sentence, also cover lack of liability of bwave.pl for damage caused by computer viruses,
- damage cause due to the fact that the User gave incomplete or untrue data by registration.
§ 12. Processing of complaints:
- Complaints concerning the Services may be sent to bwave.pl’s address or to the following email address: email@example.com
- bwave.pl will take its position within 20 (twenty) working days of receiving the complaint
§ 13. Termination of legal relation with bwave.pl:
- The Regulation is in force until termination of the legal relation between the User and bwave.pl due to the following provisions.
- If the User decides to terminate the agreement for providing the Services, he can make it by undertaking following steps:
- the User shall inform bwave.pl about the User’s will in any time and
- the User shall close all accounts in bwave.pl’s Services, which the User used, if bwave.pl gave him the possibility to do it. A notice shall be prepared in writing and sent to bwave.pl’s address given at the beginning of the Regulation.
- bwave.pl is entitled to terminate the agreement for providing the Services with the User in any time if:
- bwave.pl was obliged to terminate a contract with the user on the basis of legal regulations,
- depending or associated entity of bwave.pl, offering the User with bwave.pl Services, finished cooperation with bwave.pl or stopped offering services with bwave.pl to Users,
- due to the User’s withdrawal of consent for receiving advertising materials,
- bwave.pl reached a decision that giving the User an access to bwave.pl’s Services is not anymore profitable.
- bwave.pl will inform the User in an email that bwave.pl intends to cease providing the Services.
§ 14. Exclusion of guarantee:
- The Services of bwave.pl are provided “as they are” without any guarante. It means that bwave.pl does not give any guarantee to Users.
- The above mentioned provision means that the User does not have any guarantee that:
- Use of Services will meet requirements and expectations of the User,
- The User will be able to use the Services without any breaks, timely, safely and free of defects,
- Information given to the User during use of bwave.pl’s Services shall be precise and reliable,
- Defects and functionalities of the Software given to the User during use of the Services shall be removed.
- The provisions of the Regulations and the Special Regulations do not influence any rights given to the User as a consumer, which the User cannot change or reject under the statement of will.
- bwave.pl can inform the Users about changes mentioned above by sending emails to the Users’ email addresses.
§ 16. The final provisions:
- bwave.pl prepared special regulations for particular services. The Special Regulations shall be binding in case of any differences between the Regulations and the Special Regulations.
- Personal data given in a registration form are processed by bwave.pl. However, bwave.pl may allow other entities to process personal data of the User after completion of requirements provided in the Act of August 29th, 1997 on Personal Data Protection (unified act in Law Journal from 2002 No 101 item 926 with further amendments).