Terms and Conditions of providing neoletter service under Envelo

Transkrypt

Terms and Conditions
of providing neoletter service under Envelo
§1
DEFINITIONS
Addressee:
a natural person, legal entity or organizational unit without legal personality whose legal
capacity is derived from statute, named by the User in the Service form, to which neoletter
is to be delivered; the User specifies the Addressee by stating his/her full name or its
company name, precise address with street name, house number, apartment number (if
applicable), zip code or PO Box and the town/city name.
BOK PPUC:
Service Provider's Customer Service Office in Warsaw, ul. Stanisława Żaryna 2 C, 02-593
Warsaw. BOK PPUC may be reached by calling 801 500 200 or sending an e-mail to
[email protected]
Date of
Dispatch:
When using the neoletter service, the User may use an automatic Date of Dispatch to the
Postal Operator (the next business day after the date of purchase) or select a future Date of
Dispatch. The future Date of Dispatch may be selected from the first business day of the day
on which the User purchases neoletter until the last day of the next month. The future Date
of Dispatch may not be selected for public holidays and other non-business days. The User
selects a future Date of Dispatch by using the calendar available at Envelo.
User Data:
any and all text or graphical data or pictures, including also personal data, which the User
enters when using the Service, e.g. Addressee' data entered on the Service form.
Envelo:
Internet platform, in the form of an organized ICT system, which is operated and
maintained by the Service Provider and may be accessed by going to
http://www.envelo.pl/en/terms-and-conditions.html as part of which e.g. the Service is provided.
My account:
an individual interactive account kept by the Service Provider for the User under a unique
name [login], in which the information on the User's actions taken within the Envelo
platform is stored and which gives the User the opportunity – after logging in to My
account – to use the functionalities available under My account.
neoletter:
letter composed as part of the Service, which – after its acceptance by the User – is
printed out by the Service Provider within the framework of the Printout Service and
dispatched by the Service Provider as an unregistered letter on the User's behalf through
the Postal Operator to be delivered to the Addressee.
Consumer:
User which is a consumer within the meaning of Article 22 (1) of the Civil Code.
Spółka Poczta Polska Usługi Cyfrowe Sp. z o.o. z siedzibą w Warszawie przy ul. Żaryna 2 C, 02-593 Warszawa,
zarejestrowana przez Sąd Rejonowy dla m.st. Warszawy,
XIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod nr KRS 0000425263,
NIP 525-25-33-454, o kapitale zakładowym 11 000 000 zł (w całości wpłaconym)
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Fee:
fee for using the Service and the Printout Service. The fees are defined in the Price List.
Electronic Payments
Operator:
an entity performing the authorization, i.e. confirming that the person who uses the given
payment card or bank account is able to make the payment (e.g. he/she/it has sufficient
funds on the account), and settling and processing the transaction; this entity is eCard S.A.
with its registered office in Gdańsk, 80-387, ul. Arkońska 11, entered in the business
register kept by the District Court for Gdańsk-Północ in Gdańsk, 7th Commercial Division
of the National Court Register, under file no. KRS 0000042304, with share capital of PLN
16,840,000 (paid in full) and taxpayer identification number (NIP): 5213103040.
Postal Operator:
an entrepreneur authorized to perform postal operations on the basis of an entry in the
register of postal operators, pursuant to the Act of 23 November 2012 entitled Postal Law
(Journal of Laws of 2012, item 1529). Postal operator is Poczta Polska Spółka Akcyjna with
its registered office in Warsaw (address: ul. Stawki 2, 00-940 Warsaw), entered in the
Business Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th
Commercial Division of the National Court Register under file no. KRS 0000334972, share
capital of PLN 774,140,000 (paid in full), NIP: 525-000-73-13.
Entrepreneur:
User which has the status of an entrepreneur within the meaning of the relevant prevailing
regulations.
Terms and Conditions
(Terms):
these Terms with all the attachments.
IT System:
an ICT system used by the User to provide the Service, which includes in particular the
computer hardware, servers and peripheral devices.
Agreement:
an agreement to use the Service.
Service:
a service provided electronically to the User by the Service Provider, which provides the
User with a possibility of composing (within the available parameters) and purchasing
neoletter. The Service is available only to the Users who are Consumers or Entrepreneurs.
Only a User which is an Entrepreneur has to have the registered office on the territory of
the Republic of Poland. The range of neoletter addressees is unlimited. The Service
Provider reserves that, depending on the country of the addressee, the postal fee may be
higher, according to the Price List. The Service Provider advises that depending on
selection made by the User when filling out the Service form, certain functionalities
available under the Service may differ for a User which is a Consumer and a User which is
an Entrepreneur.
Printout Service:
service provided by the Service Provider to the User, described in § 4 of the Terms.
Service Provider:
Poczta Polska Usługi Cyfrowe Sp. z o.o. with its registered office in Warsaw, ul. Stanisława
Żaryna 2 C, 02-593 Warsaw, entered in the Business Register kept by the District Court for
the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court
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Register under file no. KRS 0000425263, share capital of PLN 11,000,000.00, NIP: 525-2533-454.
User:
natural person or legal entity (represented by the duly authorized person) having full
capacity to perform legal actions. In case of natural persons without capacity to perform
legal actions or natural persons with limited capacity to perform legal actions, the User
should be properly represented by his/her legal guardian or act with the consent of such
legal guardian. The User may use the Service in his/her/its own name, and if the Service is
used in the name of a third party, it will be necessary to obtain a proper authorization in
that regard. The User may use the Service as a Consumer or Entrepreneur. To that effect,
when using the Service the User will be asked to state his/her/its status.
§2
INTRODUCTION
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
2.7.
Pursuant to Article 8 sec. 1 item 1 of the Act of 18 July 2002 on Electronic Provision of Services (Journal
of Laws no. 144, item 1204, as amended), Poczta Polska Usługi Cyfrowe Sp. z o.o. with its registered
office in Warsaw hereby determines these Terms for electronic provision of services.
The Terms define the terms and conditions for the Users to use the Service.
Everyone has the right to familiarize himself/herself/itself with the content of the Terms. The content
of the Terms may be printed, downloaded and multiplied using any technique and recorded on any
carrier.
The Terms will be provided prior to conclusion of the Agreement in the form allowing their recording,
storage and retrieval.
The Terms may be browsed and downloaded from the Envelo platform at http://envelo.pl/regulamin,
"Terms and Conditions" tab. In addition, upon User's request, the Service Provider will send the User
the copy of the Terms in the electronic form to the e-mail address specified by the User.
The Service is provided against a fee.
Usage of the Service is voluntary.
§3
CONCLUSION OF THE AGREEMENT
3.1.
3.2.
The Agreement will be concluded with the User when the following conditions are jointly met:
3.1.1. the User selects neolist's parameters;
3.1.2. the User correctly fills out the fields of the Service form necessary for the Service Provider to
correctly perform the Service;
3.1.3. the User accepts the content of the Terms through checking the checkbox on the Service
registration form;
3.1.4. the User accepts the conditions of paying the Fee.
User's acceptance of the Terms in the manner described in item 3.1.3. above also means that the User
represents that:
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3.2.1.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
he/she/it has familiarized himself/herself/itself with the Terms and accepts all of their
provisions without reservations,
3.2.2. he/she/it has acceded to the Agreement voluntarily,
3.2.3. the data included on the Service form are consistent with the actual state of affairs and
correct.
If the Terms are not accepted, it will not be possible to conclude the Agreement.
The content of the Agreement with the User is comprised of the Terms and the Service form filled out
by the User.
On the basis of the concluded Agreement, the User is obligated to pay the Fee by the deadline and in
the manner contemplated in the Terms, the Price List and the terms of the Electronic Payments
Operator.
The User may pay a Fee with an online transfer or a payment/credit card. Detailed rules for paying
Fees are defined in the terms of the Electronic Payments Operator.
If paying by card refund will be made directly to the User card account.
In order to make payments by credit card accepted cards are: Visa, Visa Electron, MasterCard,
MasterCard Electronic, Maestro.
In order to make money transfer:
Płacę z inteligo (inteligo);
Płać z BOŚ (Bank Ochrony
Invest Bank S.A.;
Środowiska);
mTransfer (mBank);
MultiTransfer (MultiBank);
Płać z Nordea (Nordea);
Przelew24 (Bank Zachodni WBK);
Przelew z BPH (Bank BPH);
Płacę z iPKO (PKO BP);
Płacę z IKO;
Płacę z Alior Bankiem (Alior Bank);
Millennium - Płatności
Internetowe (Bank Millennium);
Płać z ING (ING Bank Śląski);
Credit Agricole Bank Polska S.A.;
Eurobank płatność online (Euro
Deutsche Bank Polska S.A.;
Invest Bank S.A.;
Kredyt Bank S.A.;
Raiffaisen Bank Polska S.A. ;
Bank Pocztowy S.A.;
Pekao24Przelew (Bank Pekao);
Bank S.A.);
Bank Spółdzielczy we Wschowie;
Płacę z Citi Handlowy (CitiBank
db Transfer (Deutsche Bank Polska
Millennium Bank S.A.;
Handlowy);
S.A.);
PayWay Toyota Bank (Toyota
Alior Sync;
Credit Agricole Bank S.A.;
Bank DnB Nord Polska S.A.;
Bank);
Bank Zachodni WBK S.A.;
MeritumBank Przelew (Meritum
Bank PKO S.A.;
Bank Pekao S.A
Bank);
Inteligo Services;
Idea Paylink;
Volskwagen Bank Direct;
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§4
DETAILED PROCEDURE FOR USING THE SERVICE AND THE PRINTOUT SERVICE
4.1.
The procedure for using the Service is as follows:
4.1.1.
4.2.
4.3.
4.4.
4.5.
The User composes draft of neoletter within the available parameters:
4.1.1.1. the User enters the text of neoletter in the Service form or enters it in the Service
form as a PDF attachment, which will be then inserted into the neoletter envelope;
the User may also use the templates which contain the predefined text of neoletter;
4.1.1.2. the User enters the data of the sender of neoletter, stating full name, e-mail address,
mailing address, or – if the User uses My account service – confirms or modifies the
previously entered data,
4.1.2. The User defines the Addressee by stating his/her full name or its company name, full address
with street name, house number, apartment number (if applicable), zip code or PO Box and
the town/city and country name. The User has an option of viewing neoletter composed by
the User;
4.1.3. The User selects the Date of Dispatch of neoletter;
4.1.4. The User selects from among techniques available for printing neoletter, as provided under
item 4.7. below (black-and-white or color print);
4.1.5. The User approves the appearance (composition) and content of neoletter (i.e. finally accepts
neoletter) by clicking the relevant button;
4.1.6. after User's approval of appearance (composition) and content of neoletter, neoletter
composed by the User is sent to the IT System where it is converted into electronic data
format which will be used to print neoletter;
4.1.7. The User pays the Fee for using the Service, including conversion of neoletter into electronic
data format which is used to print it;
After the Service Provider receives the confirmation of payment of the Fee for the Service, the Service
Provider will send to the User the confirmation of Fee payment and the notification that the provision
of the Printout Service has started.
When composing neoletter, the User may enter only his/her/its own data as the data of the sender.
After final acceptance of neoletter by the User performed in accordance with item 4.1.6. above, an
obligation will emerge on the side of the User to pay the Fee for the Service.
After final acceptance of neoletter by the User performed in accordance with item 4.1.6. above, the
User will submit to the Service Provider an offer to conclude an agreement for provision of the
Printout Service on the principles described in the Terms, which may be accepted by the Service
Provider by sending to the User the confirmation of payment receipt and notification of starting to
provide the Printout Service according to the procedure described in item 4.1.5. above. After the
Service Provider sends the confirmation of payment receipt and notification of starting to provide the
Service (i.e. such confirmation is displayed in Moje konto to which the User has logged in or a relevant
e-mail message is sent to the User of Moje konto), the Agreement for provision of Printout Service will
be concluded between the User and the Service Provider on the principles described in the Terms. For
the avoidance of doubts it is presumed that the Agreement to provide the Printout Service will apply
each time to a single specified neoletter (i.e. neoletter previously sent by the User to the IT System in
the course of using the Service).
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4.6.
4.7.
4.8.
4.9.
4.10.
4.11.
4.12.
4.13.
As part of Printout Service, the User contracts the Service Provider and the Service Provider covenants
to:
4.6.1. Make the printout of neoletter composed and finally accepted by the User, while maintaining
the technical conditions of printout described in item 4.7. below;
4.6.2. maintain the confidentiality of the contents entered by the User;
4.6.3. deliver the printed neoletter to the Postal Operator and dispatch it on User's behalf.
The Service Provider ensures that neoletter will be printed while keeping the following technical
conditions:
4.7.1. All neoletters are printed in color or in black-and-white, as selected by the User, on paper
with basis weight of 80 g/m2, in a unified A4 format (210 mm x 297 mm);
4.7.2. tolerance of differences in neoletter dimensions may be up to 2 mm.
4.7.3. all neoletter will contain a printed black and white code for enveloping machines that will be
placed in the odd pages of neoletter, at the upper right margin. The code will be in the format
15x15mm and will be located 22mm from the top edge.
The User represents that he/she/it accepts slight differences in print color, which may occur between
the image visible on the computer monitor or a mobile device used by the User, and the printout of
the same creation from various printers. Differences referred to in the previous sentence are not
subject to complaints, without prejudice to item 4.9. below.
The Service Provider will accept the complaint resulting from differences in neoletter colors on the
condition that the printed neoletter is delivered to the Service Provider along with the graphics used
and the test copy (Proof, Cromalin, etc.) which is used to check the colors of the composition. The
Service Provider will accept the test copies delivered by the User if they are made in the technology
which makes it possible to perform the simulation of blowing up the raster points in offset printing.
Background colors of the copy should correspond to the colors of the paper used for printing the
neoletter mentioned in the complaint. The test copy should be certified, i.e. it should contain the
Ugra/Fogra media wedge and the result of the measurement confirming the consistency with the
certificate. Copy without the media wedge is not a reliable comparative material.
The Service Provider is obligated to print neoletter and deliver it to the Postal Operator on the Date of
Dispatch selected by the User.
The User authorizes the Service Provider to deliver neoletter to the Postal Operator and dispatch
neoletter on User's behalf through the Postal Operator. The User grants the authorization to the
Service Provider to conclude on the User's behalf with the Postal Operator an agreement for provision
of postal services (concluded between the User and the Postal Operator) involving the dispatch of
printed neoletter as a letter.
The Service Provider will dispatch the printed neoletter through the Postal Operator without
confirmation of dispatch and delivery and without confirmation of receipt
The Service Provider represents that the data of the User as the sender of neoletter and the data of
the Addressee provided by the User will be printed out on neoletter and will be visible on it. The User
assures that he/she/it is authorized to provide the Addressee's data and disclose the Addressee's data
on neoletter.
§5
RETURNING NEOLIST IF IT CANNOT BE DELIVERED
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5.1.
If in the course of the process of delivering neoletter by the Postal Operator it turns out that it cannot
be delivered, it will be returned to the sender to the address specified by the sender, with an
annotation containing the reasons for its return. In such case, the User may contact BOK PPUC to
obtain further information.
§6
TECHNICAL REQUIREMENTS
6.1.
In order to use the Service, the User must have Internet access with a correctly functioning and
configured browser through which web pages may be accessed, e-mail address as well as other
software required by the Service, including in particular Adobe Reader software (preferably the latest
version).
The service is available at the following web browsers:
• Microsoft Internet Explorer version 8.x or higher
• Mozilla Firefox version 3.6 or higher,
• Google Chrome version 13.X or higher
• Opera version 10.X or higher
• Safari version 5.x or higher.
6.2.
In order to achieve full capacity of certain functionalities of the Service, the User may be required to
enable the SSL cryptographic protocol which provides communication security over the Internet, Java,
Java Script, Flash and Cookies.
6.3.
Usage of certain functionalities of the Service may require fulfillment of additional conditions, about
which the User will be informed before using them.
6.4.
Service Provider is not liable for loss of User's contents or data, which cannot be attributed to the
Service Provider and which has been caused by failure of hardware or system or other circumstances
which are beyond the Service Provider's control but are associated with the User's hardware.
6.5.
Service Provider is not liable for technical problems or technical limitations of hardware, ICT system or
telecommunication infrastructure used by the User, which make it impossible or difficult for the User
to use the Service.
6.6.
Service Provider advises that there may occur slight differences in color between the image of
neoletter visible on the User's computer monitor and the printouts of the same neoletter from various
printers.
§7
RIGHT AND DUTIES OF THE USER
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7.1.
7.2.
7.3.
7.4.
7.5.
7.6.
7.7.
When using the Service, the User is obligated to each time provide correct data. The data should be
accurate, up-to-date and cannot be misleading. This is the requirement which must be met by the
Service Provider in order to ensure that the Service will be provided correctly.
As part of the Service, the User has the right to access his/her/its data (User Data). He/she/it may
modify or update them. Rules of personal data processing are regulated in the document entitled
Privacy Policy which is posted on http://www.envelo.pl/en/privacy-policy.html as well as on Envelo's main
website.
The User covenants to comply with the provisions of the Terms. The Service should be used in
accordance with its intended manner of usage.
When using the Service, the User should observe the law, good practices and principles of social
coexistence, and should not breach the rights of third parties.
The Service Provider recommends that the User contributes to Envelo's correct functioning by
notifying it about each and every instance of suspected breach, actual breach and gaining
unauthorized access to Envelo, which is known to the User.
The User cannot transfer to third parties the rights and duties which it gained on the basis of the
Agreement.
Terms and conditions of termination of the Agreement by the User are described in § 11 of the Terms.
§8
ILLEGAL ACTIVITIES
8.1.
As part of the Service provided by the Service Provider, the User is forbidden from delivering illegal
contents. In particular, no person may introduce or store – whilst using the Service – any materials
which breach the provisions of law, good practices or rights of third parties. Specifically, the User must
not use the Service to introduce or process any materials or contents:
8.1.1.
8.2.
which breach the law, the principles of social coexistence or good practices, including
pornographic materials, racist contents, or materials whose contents are commonly
considered obscene or offensive;
8.1.2. which breach or may breach the rights of third parties, in particular proprietary copyrights or
personal copyrights, company secret, industrial property rights, image rights or other
personal goods of third parties, including the Service Provider or other Users;
8.1.3. which breach or may breach the rights to trademarks, geographic signs, company signs, rights
to business name or any other protected designations of origin of goods or services;
The Users are forbidden from using the Service for purposes contradictory to the provisions of law,
rules of social coexistence, good practices and the commonly accepted rules of conduct (including the
principles of netiquette).
§9
RIGHT AND DUTIES OF THE SERVICE PROVIDER
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9.1.
9.2.
9.3.
9.4.
The Service Provider provides the Users – as part of BOK PPUC – with technical assistance related to
the Service.
The Service Provider ensures availability of the Service and its functionalities, including technical
assistance, and it also oversees the correct usage of the Service by the individual Users.
The Service Provider has the right to temporarily suspend the operation of the Service, its selected
functionalities as well as the entire Envelo to perform maintenance, repairs or technical inspections. In
such case Provider will make all efforts to ensure that suspension of Envelo’s operations lasts no
longer than 5 business days. The User will be informed about the aforementioned suspension of
Service properly in advance via email messages.
The Service Provider has the right to temporarily suspend the operation of the Service, My account
and the selected functionalities of My account or the entire Envelo platform in case of occurrence of
technical failure, about which fact the User will be informed via message displayed on Envelo's main
page or after logging in to My account. Suspension of operation of My account, its functionalities or
the entire Envelo should not last longer than 10 business days, and if the failure has significant
consequences, the Service Provider will make all efforts to ensure that suspension of Envelo's
operation lasts no longer than 10 consecutive business days.
§ 10
SERVICES PROVIDED TO THE USER BY BOK PPUC
10.1.
10.2.
Service Provider provides the User with access to BOK PPUC on business days between 8 am and 8 pm
at phone no. 801 500 200 and via e-mail at [email protected]
The User may contact BOK PPUC to report technical problems, questions and doubts related to
operation of the Service, Moje konto or Envelo. Each User, when contacting BOK PPUC, should provide
his/her/its contact details and precisely describe the problem.
§ 11
TERMINATION OF THE AGREEMENT
11.1.
11.2.
The User may terminate the Agreement without stating the reason with a 30-day termination notice
period.
Service Provider may terminate the Agreement with a 30-day termination notice period for the
following reasons:
11.2.1. Service Provider makes a decision to discontinue to provide the Service,
11.2.2. Service Provider makes a decision to discontinue its operations, which results from Service
Provider's decision to change its line of business entirely or in part,
11.2.3. Service Provider makes a decision to completely discontinue its business activity,
11.2.4. User's breach of any of the provisions of the Agreement,
11.2.5. User's breach of any of the provisions of the Terms, including User's failure to pay the Fee,
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11.2.6. Service Provider ascertains that User's activities amount to breach of law or rights of third
parties or may result in such breach,
11.2.7. Service Provider ascertains that the User engages in activities breaching or threatening the
security of the IT System,
11.2.8. the User engages in activities which breach or may breach the Service Provider's reputation or
good name,
11.2.9. for other important reasons.
§ 12
INTELLECTUAL PROPERTY
12.1.
12.2.
12.3.
12.4.
12.5.
The User using the Service is obligated to comply with regulations concerning intellectual property
rights, in particular the provisions of the Act of 4 February 1994 on Copyrights and Neighboring Rights
(Journal of Laws of 1994 no. 24, item 83) and the Act of 30 June 2000 entitled Industrial Property Law
(Journal of Laws of 2001 no. 49, item 508). The User is obligated to respect the intellectual property
rights of third parties.
It is forbidden to transfer, resell, modify, copy or provide for commercial purposes any materials which
may be obtained under the Service or Envelo.
Any and all intellectual property rights associated with providing the Service, in particular right to
graphic elements of neolist and Envelo, logotypes, illustrations, pictures, website layout, website
contents, concepts of activities, technical solutions, functionalities, software, databases, software
documentation – are the property of the Service Provider or the entities collaborating with the Service
Provider, including the entities from the Poczta Polska S.A. capital group.
The Service Provider grants to the User the non-exclusive license to use the software related to the
Service, in the scope necessary to use the Service.
The User represents that he/she/it has the relevant authorizations concerning the contents posted
and stored by him/her/it whilst using the Service, in particular he/she/it remains in compliance with
the proprietary copyrights and neighboring rights within the meaning of the Act of 4 February 1994 on
Copyrights and Neighboring Rights (Journal of Laws of 1994 no. 24, item 83) and the industrial
property rights within the meaning of the Act of 30 June 2000 entitled Industrial Property Law (Journal
of Laws of 2001 no. 49, item 508).
§ 13
FORCE MAJEURE, GOVERNING LAW AND COURT WITH RELEVANT JURISDICTION
13.1.
13.2.
13.3.
13.4.
Neither the Service Provider nor the User will be liable for delay in performance, non-performance or
inadequate performance of the Service which has resulted from a force majeure event.
The governing law within the meaning of these Terms is the Polish law.
Any disputes which may result from provision of the Service will be resolved by common courts with
general jurisdiction.
Provisions of the Civil Code will apply to the matters not governed by the Terms.
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§ 14
LIABILITY
14.1.
14.2.
14.3.
As part of the provided Service, the Service Provider does not create, verify or in any way change any
data entered by the User. This applies in particular to the above-specified User Data as well as any and
all effects gained by the User in the course of usage of the functionalities available under the Service.
The User is exclusively and fully liable for the contents of the User Data entered by him/her/it and the
consequences of using them.
In the light of the Act of 18 July 2002 on Electronic Provision of Services, the Service Provider is not the
initiator of the transfer of User Data which takes place in connection with gaining the access to the
Services and using them, it does not choose the recipients of User Data and it does not choose or
modify the User Data (i.e. it is not a host). This means that the Service Provider will provide only the
technical resources, i.e. the possibility of accessing the Services, and the User will make a decision as
to whether it will use them or not. Service Provider does not monitor the content of User Data.
§ 15
COMPLAINTS
15.1.
15.2.
15.3.
15.4.
15.5.
15.6.
The User has the right to submit complaints concerning the provision of the Service by the Service
Provider.
The complaint should contain the User's details and description of the problem.
The complaint should be sent to the Service Provider to the following e-mail address: [email protected]
or mailed to the following address: ul. Stanisława Żaryna 2 C, 02-593 Warsaw.
Complaints will be examined in the order in which they are received by the Service Provider.
The Service Provider will examine the complaint within 14 business days from its receipt.
Immediately after examining the complaint, the Service Provider will send to the User a response to
the complaint. The response will be sent to the e-mail address or the mailing address specified by the
User in the complaint. If the complaint does not contain the User's address to which the response is to
be sent, the response will be left in the Service Provider's office for the User to pick it up.
§ 16
CHANGE OF TERMS
16.1.
The Service Provider will have the right to change the provisions of the Terms for any of the following
important reasons:
16.1.
the need to adjust the Terms to the regulations, in particular the new (amended) provisions of
law;
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16.2.
16.2.
the need to adjust the Service Provider's activity to recommendations
(orders/verdicts/resolutions/guidelines) or decisions of the authorized state administration or
local government authority or the court ruling;
16.3.
change of the data of the entities described in the Terms (e.g. number of entry in the National
Court Register (KRS), address, etc.) or change of the entities named in the Terms;
16.4.
introduction of new services or change of the method of providing the Service;
16.5.
change of technical parameters of the Service;
16.6.
change of technical conditions of providing the Service (e.g. introduction of new technical
requirements);
16.7.
emergence or new risks or change of risks associated with using the Service;
16.8.
the need to adjust the Terms to best practices of providing the Services, including best
practices in the area of protection of User rights.
The Service Provider will announce a change of the Terms by displaying a notification about changes
made to Terms with consolidated version of the Terms in the Envelo platform and when logging in to
My account, and by posting the new version of the Terms (with the indicated changes) in the Envelo
platform. In addition, the notification about changes made to the Terms with the consolidated version
of the Terms will be posted on Envelo's website. It is presumed that the User has expressed consent
for the new content of the Terms if he/she/it does not terminate the Agreement within 14 days from
receipt of the notification of change of Terms.
§ 17
LIMITATIONS RELATED TO PROVISION OF ELECTRONIC SERVICES
17.1.
17.2.
The User confirms that he/she/it is aware of the fact that using the Service, which is provided
electronically, entails hazards which are associated with transmission of data over the Internet.
When providing the Services, the Service Provider uses the data transmission security measures which
are commonly accepted on the market for services with such properties, and which aim at ensuring
that no unauthorized persons gain access to the data.
§ 18
PERSONAL DATA
18.1.
The administrator of the Users' personal data provided in connection with usage of the Service is the
Service Provider (Poczta Polska Usługi Cyfrowe Sp. z o.o. with its registered office in Warsaw, ul.
Stanisława Żaryna 2 C, 02-593 Warsaw). User's personal data are processed for the purpose of
providing the Service, for the Service Provider's own marketing purposes, for the purpose of explaining
the instance of usage of the Service in contravention with the Terms or the prevailing regulations
(forbidden usage), and for the purpose of examining possible complaints. Provision of data is voluntary
but necessary to provide the Service. The User has the right to access the content of his/her/its data
and correct them. Rules of personal data processing are regulated in the document entitled Privacy
Policy which is posted on http://www.envelo.pl/en/privacy-policy.html as well as on Envelo's main website.
Strona 12 z 13
§ 19
MISCELLANEOUS PROVISIONS
19.1.
19.2.
19.3.
19.4.
19.5.
19.6.
On account of its nature, the Service cannot be returned.
Any reference to a business day in these Terms and Conditions is understood as Monday to Friday,
except for public holidays.
The User hereby expresses consent for the Service to be provided to him/her/it immediately after
conclusion of the Agreement, and therefore before elapse of 10-day period for withdrawal from the
Agreement.
Due to the fact that on account of its nature the Service cannot be returned, and due to the fact that
the Service will be provided – with the User's consent – immediately after conclusion of the
Agreement, the User is not entitled to a 10-day period for withdrawal from the Agreement
contemplated in the Act of 2 March 2000 on the Protection of Certain Rights of Consumers and the
Liability for the Damage Caused by a Harmful Product (the exceptions defined in Article 10 sec. 3 items
1 and 5 of that Act apply). This also applies to Printout Service.
The Price List constitutes an integral part of the Terms.
th
These Terms go into effect on 6 of April 2014.
Strona 13 z 13

Terms and Conditions of providing neoletter service under Envelo

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