Terms of Strategy&Future
Terms and conditions of Website www.strategyandfuture.org
Effective Date: August 26, 2019
I. GENERAL PROVISIONS
- These Terms and Conditions specify the general conditions, principles and manner of providing Services via electronic means, via the website strategyandfuture.org (hereinafter: the “Website“) by Jacek Bartosiak operating under the business name “Strategy & Future Jacek Bartosiak”, entered into the register of entrepreneurs of the Central Business Activity Register maintained by the Minister of Entrepreneurship and Technology, at ul. Wyspiańskiego 6/8, apt. 108, 01-577 Warsaw, having tax identification number NIP: 5221928938, and REGON: 368483393, hereinafter the Service Provider.
- Contact with the Service Provider is possible via:
- e-mails sent to: email@example.com;
- traditional mail: ul. Wyspiańskiego 6/8, apt. 108, 01-577 Warsaw.
- These Terms and Conditions are made available free of charge by the Service Provider on the website strategyandfuture.org, in a way enabling Users to obtain, reproduce and record its content by printing or saving on a carrier at any time using the IT system used by the User.
- The News Service and its content, including works, trademarks, databases, their selection and compilation, are subject to protection envisaged by the law in force, in particular the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2006, No. 90, Item 631, as amended), the Act of 27 July 2001 on Database Protection (Journal of Laws 2001, No. 128, Item 1402, as amended), the Act of 30 June 2000, the Industrial Property Law (Journal of Laws 2013, Item 1410, as amended) and the Act of 16 April 1993 on Counteracting Unfair Competition (Journal of Laws 2003, No. 153 , Item 1503, as amended).
- All rights to the Website, including economic copyrights, intellectual property rights to its name, website domain, the Website, as well as to forms, logos, belong to the Service Provider, and their use may only take place in a specific manner and in accordance with the Terms and Conditions.
- It is forbidden to copy, reproduce, modify, multiply or distribute any part of the Website, Service or its components without the prior written consent of the Service Provider, except as expressly permitted by the law in force and the Terms and Conditions. The Service Provider may take steps, including through legal proceedings, to protect its and Users’ interests.
- The Service Provider reserves the right to place advertising content on the Website regarding the services offered, as well as goods and services of third parties, in the forms used on the Internet. The use of such offers or services is not part of the Website, and their rules are determined by relevant third parties.
- The Terms and Conditions set out in particular the rules for using the Website, types and scope of Services, conditions for the provision of Services, conditions for concluding and terminating agreements for provision of Services and the complaint procedure.
- The Service Provider notifies that the use of services provided electronically may be associated with a threat on the part of every Internet user, consisting in the possibility of introducing malicious software to the User’s IT system and the acquisition and modification of his data by unauthorized persons. To avoid the risk of threats described above, the User should use appropriate technical measures that will minimize their occurrence, in particular anti-virus programs and firewalls.
- The rules for providing other Services within the Website, including paid Services, may also specify additional Terms and Conditions.
The terms used herein have the following meanings:
Website – website available in the domain www.strategyandfuture.org, whose owner and controller is the Service Provider, where the Users nay use the Services offered by the Service Provider;
User – a natural person with full legal capacity, a natural person conducting business activity, a legal person or an organizational unit without legal personality who may use the Services available on the Website;
Registered User – a User who signed up to the Website. The registration and setting up of an Account may entail increased rights of the User in compliance with the Terms and Conditions;
Consumer – a User being a consumer within the meaning of Art. 22  of the Polish Civil Code;
Entrepreneur – a User being an entrepreneur within the meaning of Art. 43 of the Polish Civil Code;
Services – services provided by the Service Provider to Users of the Website by electronic means within the meaning of the provisions of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, Item 1204, as amended);
Agreement – agreement for the provision of the Website Services, concluded between the User and the Service Provider, on the principles set out herein;
Account – a part of the Website assigned to a given User, by means of which a registered User may perform specific activities within the Website;
Order – User’s declaration of will aimed directly at the conclusion of the Agreement for the provision of Access Service or Content Service;
Act on Consumer Rights – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, No. 827);
Act on Providing Services by Electronic Means – the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, Item 1204, as amended);
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93 as amended);
Terms and Conditions – this document.
III. TERMS OF WEBSITE USE
- The Website may only be used on the terms and to the extent specified in the Terms and Conditions.
- Minimum technical requirements enabling use of the Website and Services:
- device with internet access;
- access to electronic mail;
- Microsoft Edge or Internet Explorer web browser version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer;
- the latest version of a web browser with cookie files and Java Script enabled,
- program for reading PDF files.
- The User is required to use the Website in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general principles of using the Internet.
- The User has the right to use any content posted on the Website only in a manner compliant with the Terms and Conditions. Users are prohibited from using the Website or Services in a way that violates the law, good practice, personal rights of third parties or legitimate interests of the Service Provider.
IV. RIGHTS AND OBLIGATIONS OF THE USER
- The User is required to:
- use the Website in a manner compliant with the law, good practice, as well as the Terms and Conditions, having in mind respect for personal rights and intellectual property rights of third parties;
- enter data via the Website or provide other Users of the Website with data consistent with the facts, and immediately inform the Service Provider about any changes to these data, in particular changes to the data provided in the Account or other data necessary to provide the Website Services;
- not use devices, software and methods that may interfere with the Website operation,
- not provide illegal content.
- The User cannot have more than one Account assigned to one e-mail address.
The User is not allowed to use the Accounts of other Users nor provide third parties with access to the Account, including disclose the access password to the Account.
- The User, being a Consumer, has the right to withdraw from the agreement for provision of the Services concluded with the Service Provider within 14 days from the date of the agreement, without giving any reason, unless prior to the conclusion of the Agreement they agreed to provision of the Service before the deadline to withdraw from the agreement, which means forfeiture of this right.
- The Service Provider will, upon receipt of the statement on withdrawal from the Agreement by the Consumer, send to the Consumer’s e-mail address confirmation of receipt of the statement on withdrawal from the Agreement.
- In the event of withdrawal from a distance contract, the Agreement is considered null and void.
- To meet the deadline, it is enough to send a statement before its expiry.
- The deadline to withdraw from the Agreement is calculated from the date of its conclusion.
- The template statement on withdrawal from the agreement constitutes the Schedule hereto, while the User is not required to use the template.
- The User has, among others the following options of taking advantage of out-of-court complaint and claim assertion measures:
- is entitled to request the voivodship of Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the User and the Service Provider;
- has the right to file with a permanent consumer arbitration court operating at the Trade Inspection a request to settle the dispute arising from the concluded sales Agreement;
- may obtain free assistance in resolving the dispute between the User and the Service Provider, also using the free of charge assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumers’ Association). Advice is provided by the Consumer Federation under the free consumer hotline +48 800 007 707 and by the Polish Consumers’ Association at the e-mail address firstname.lastname@example.org;
- they may also lodge a complaint through the European ODR platform, available at: http://ec.europa.eu/consumers/odr/.
Information on how to access the above-mentioned mode and procedures for dispute resolution can be found at the following address: www.uokik.gov.pl, tab “Settlement of Consumer Disputes”.
- Services are provided on the terms set out herein. Using some Services offered on the Website may require the creation and holding of an active Account on the Website.
- Services provided by the Service Provider to Users are provided free of charge, unless explicitly stated otherwise. The Service Provider enables the use of the following Services via the Website:
- free of charge information browsing on the Website;
- setting up and maintaining an Account on the Website free of charge;
- paid provision of the Access to Resources Service;
- payable Content Order;
- free of charge Newsletter Service.
- The Service Provider presents general information free of charge on the Website, including its activities and functionality of the Website. The agreement for provision of the Service consisting in browsing published information free of charge on the Website is terminated as soon as the User closes the Website page.
- The Account maintenance service on the Website is available after registration. Registration takes place by completing and accepting the registration form provided on the Website. Activities aimed at creating an Account, as well as other activities as part of the provided Account Maintenance Service may only be performed by the User or a person authorized by him, whereas the Service Provider has the right to request a written authorization to act on behalf of the User, may only be performed by persons duly authorized to act on behalf of the User being an Entrepreneur. The agreement for provision of the service consisting in maintaining an Account on the Website is concluded for an indefinite period and terminates when the User sends a request to delete the Account. As part of the Account, the Registered User, after logging in, is given access to some of the Resources marked as free of charge.
- The Service Provider enables the Registered Users with the access to the Website’s information resources containing in particular content (texts, graphics, audio recordings, audio-video recordings and other elements) in compliance with the Website characteristics (hereinafter referred to as: “Resources”). The service consisting in providing access to the Resources is paid (hereinafter referred to as: the “Access Service” or the “Access”). The User receives Access to the paid part of the Resources after making a payment. The rules for ordering and providing the Access Service are regulated in item VI.
- The Service Provider also enables the Registered Users with the access to a marked set of content or other element from the Resources, as indicated by the Website (hereinafter: the “Content”). The service consisting in providing access to the Content is paid (hereinafter referred to as: the “Content Service”). Access to Content is limited or unlimited in time, as indicated in the description of the Service, and provided after making a one-off payment. The rules for ordering and providing the Content Service are regulated in item
- The User has the option of receiving commercial information from the Service Provider in the form of messages sent to the e-mail address provided by the User (Newsletter Service). To this end, please enter a correct e-mail address or activate the appropriate box on the Account opening form. The User may at any time withdraw his consent to receive commercial information. The Newsletter is sent by the Service Provider only to the User who made subscription.
- The Service Provider may introduce temporary promotions and discounts on paid services provided on its Website, including temporarily offer Services free of charge, of which Users will be informed from time to time through information posted on its pages.
VI. ACCESS SERVICE AND CONTENT SERVICE
- Obtaining Access or Content Services requires holding an Account and placinig an Order.
- The information presented on the Website, including information about the possibility of Ordering an Access Service or Content Service, constitutes an invitation to conclude Agreement, within the meaning of Art. 71 of the Polish Civil Code.
- Only the User logged into the Account can place an Order, and Access or Content Service are assigned to the Account from which the Registered User placed the Order. To place an Order, the User provides information marked as mandatory in the Order form.
- The Order is submitted to the Service Provider by the User in electronic form and constitutes an offer to conclude Agreement covering the provision of Services indicated in this Order. When the Service Provider responds to the User’s offer, an Access Service Agreement or Content Service Agreement is concluded, in accordance with the Order and information available on the Website.
- Actions aimed at concluding the Agreement, and in particular placing an Order for Services may only be made by Users or persons duly authorized to act on behalf of the User. The Service Provider reserves the right to refuse completion of the Order to the User being an Entrepreneur, without giving a reason.
- Service prices include all components, including VAT, customs duties and other charges.
- The agreement for provision of Access Service is concluded for an indefinite period of time. The Agreement for provision of Content Service is concluded for a definite period of time, indicated in its description on the Website.
- Payment for the Access Service or Content Service is made via the electronic payment operator integrated with the Website. Additional payment rules for the provision of Access Service are specified in item VII hereof.
- On the Website pages the Service Provider publishes information for the User on the deadline for making a payment for the ordered Service. If the User fails to pay within the deadline referred to in the previous sentence, the Service Provider may terminate the Agreement with immediate effect after a previous ineffective request for payment.
- The Service Provider may under Art. 488 §2 of the Polish Civil Code suspend provision of the Services until due payment is made for the paid Service, required in compliance herewith.
- The data presented within the Resources are of general, overall, illustrative, theoretical, educational nature and are presented on subjectively criteria selected by the Service Provider or are an expression of its subjective analysis. Reading and using the data and information presented on the Website by the User is voluntary.
- Information and data presented on the Website should not be treated as an offer, legal, financial, tax or investment advice, as well as recommendations in the meaning of generally applicable law.
VII. PAYMENT FOR ACCESS SERVICE
- The User, for the use of the Access Service, makes an advance payment, for each billing period of the Access service (the “Fee“), in the amount specified on the Website. The billing period corresponds to the period for which the Access Service is ordered (as indicated in the Service description) and is counted from the date of conclusion of the Agreement for provision of Access Service (hereinafter referred to as the “Billing Period”).
- The fee is charged from the User on each first day of the next Billing Period. In some cases, the payment deadline referred to in the previous sentence may be changed, for example – if it is not possible to make a Payment via the method chosen by the User.
- If the Fee for the next Billing Period cannot be made, the Service Provider will request the User to remove the default by selecting another source of payment. In such a case, the Service Provider may suspend provision of the Access Service until the User Fee is received for the next Billing Period.
- The User may change the selected payment source to another payment source, via the functionalities available on the Account.
- The Agreement for provision of Access Service is concluded for an indefinite period of time, until termination of the Agreement, on the principles set out herein.
- The User being an Entrepreneur may terminate the Agreement at any time with effect as of the last day of the Billing Period. To terminate the Agreement, the User sends a notice of termination via e-mail to email@example.com.
- The User being a Consumer may terminate the Agreement at any time with a 30-day notice period. To terminate the Agreement, the User sends a notice of termination via e-mail to firstname.lastname@example.org. In the event of termination of the Agreement referred to in the previous sentence, the payment made by the User shall be reimbursed in an amount proportional to the unused period of the Access Service during the Billing Period in which the Agreement was terminated.
- The Service Provider may terminate the Agreement with the User with a 14-day notice period. To this end, the Service Provider sends the User a termination notice to the e-mail address provided on the Account. The User may use the Website Services during the notice period referred to in the previous sentence.
- Subject to the foregoing provisions, in relation to the User being an Entrepreneur, and in relation to the User being a Consumer – after a prior ineffective request given to the User to stop the infringements, the Service Provider has the right to suspend the provision of Services, as well as terminate the Agreement for provision of Services, including paid Services ordered by the given User, with immediate effect, in the following cases:
- the Service Provider has a suspicion that the User is violating the Terms and Conditions, applicable law or good practices,
- if the acts or omissions of the User adversely affect the good name of the Service Provider or otherwise harm the Service Provider,
- if the Service Provider receives a complaint about the activity of the User or otherwise, the Service Provider has doubts as to compliance of the User’s activities with the Website nature, the law or principles of social coexistence,
- if the User is in s arrears with any payment to the Service Provider.
- If the User infringes the provisions hereof, the law or good practices, the Service Provider may terminate the agreement with immediate effect after a previous request for the cessation of infirngements. If the Agreement is terminated with immediate effect, referred to in the previous sentence, the payment made by the User shall be reimbursed in an amount proportional to the unused period of the Access Service during the Billing Period in which the Agreement was terminated.
- The sole source of the Service Provider’s obligations are the Terms and Conditions and mandatory provisions of law.
- The User is liable for any damage caused by violation of the provisions hereof. The Service Provider has the right to charge the User with any costs of court proceedings and other sanctions that the Service Provider has suffered as a result of the User’s activities which are incompliant herewith, law or good practices.
- The Service Provider’s liability towards Users, being Entrepreneurs, is excluded to the extent permitted by applicable law and is limited to PLN 450 (in words: four hundred and fifty) Polish zlotys.
IX. ACCESS SERVICE AND INTELLECTUAL PROPERTY RIGHTS TO THE CONTENT AND RESOURCES
- Under provision of the Content Service and/or Access Services, the Service Provider grants the Registered User a worldwide, free of charge, non-exclusive license.
To use the content selected by the Service Provider available as part of the Resources (the “Access License“) in the following fields of use:
- digital fixation in the memory of the system used by the User;
- permanent or temporary displaying, storing or reproducing with digital technology.
- All methods of using the Resources, except those explicitly mentioned above, are reserved by the Service Provider and are incompliant with the Access License.
- In particular, the User is not entitled to:
- Sublicense the Licensed Content (including authorizing third parties to use the Licensed Content)
- place on the market the Licensed Content (both all and individual elements thereof), including letting for use or rental
- dissemination of the Licensed Content, including its rental or copies of the Licensed Content
- resale of the Licensed Content, in whole or in individual components.
- In particular, the User is required to respect the author’s full personal copyright, including each time to provide the author’s name and source of the Licensed Content.
- The User’s infringement of the terms of the Access License entitles the Service Provider to terminate the Agreements with immediate effect after a previous ineffective request to remove the infringements.
- The User may submit complaints regarding the Services provided as part of the Website, in particular their non-performance or improper performance.
- Complaints may be submitted in writing to the following address: ul. Wyspiańskiego 6/8 apt. 108, 01-577 Warsaw or by sending an e-mail to the address: email@example.com.
- A complaint should include the name of the person submitting the complaint (name and surname, domicile address, e-mail address) and a description of the event giving rise to the complaint.
- The Service Provider undertakes to consider each complaint within 30 days, and if this was not possible, to inform the User during this period when the complaint will be considered. In the event of deficiencies in the complaint, the Service Provider will request the User to supplement it to the extent necessary within 7 days from the date of receipt of the request by the User.
XI. PERSONAL DATA PROTECTION
XII. FINAL PROVISIONS
- The Terms and Conditions are available in Polish and English language version. In the event of any discrepancy between the language versions of the Terms and Conditions, the Terms and Conditions in Polish shall prevail.
- Unless the mandatory provisions of law provide otherwise, the law applicable to the settlement of any disputes arising hereunder is Polish law.
- Unless the mandatory provisions of law provide otherwise, any dispute arising between the Service Provider and the User shall be referred for resolution to the competent Polish courts.
- All disputes arising hereunder, if the other party is the User being an Entrepreneur, will be resolved by a common court having territorial jurisdiction over the seat of the Service Provider.
- The content hereof is subject to amendments. Every User being a Consumer will be informed about any changes through information posted on the Website’s homepage containing the list of changes and their effective date. The effective date of the changes in relation to consumers shall not be less than 14 days from the date of their publication.
- Consumers who have an Account will be additionally provided with information about the changes together with their summary to the e-mail address indicated by them. The effective date of the changes shall not be less than 14 days from the date of their publication. If the consumer who has an Account does not accept the new content of the Terms and Conditions, they are required to notify the Service Provider of this fact by e-mail to the address indicated in item I hereof, within 14 days from the date of notification of the change in the Terms and Conditions. No acceptance means termination of the Agreement.
- The Service Provider may also present changes hereto to Users who have an Account to be read and accepted when logging into the User Account. If the User does not accept the change hereto, the Account maintaining service agreement shall terminate upon the lapse of 14 days from the refusal of acceptance, unless the User accepts at that time.
- In the event referred to in item 7 above amended Terms and Conditions shall be binding for the User from the date of their acceptance.
- Amendments to the Terms and Conditions for Users being Entrepreneurs shall enter into force on the day of their publication on the Website pages.