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Terms and Conditions

§1. GENERAL CONDITIONS

  1. These Regulations are applicable to services provided by the Administrator via the Website surferseo.com and all and subdomains, including especially https://talktowalle.com/. Therefore, these Regulations specify the types, scope and conditions for the provision of electronic services by the company Tomasz Kucharski, with registered office at the following address: Bolesławów 41, 57-550 Stronie Sląskie registered under Tax ID (NIP): 8961148268, National Business Registry Number REGON: 02095739, Poland, (hereinafter referred to as TK). The Regulations constitute regulations within the meaning of the Act on the provision of electronic services.
  2. Definitions:
  3. Website – an Internet website available at surferseo.com, as well as all its webpages and subdomains, including especially https://talktowalle.com/, all administered by the Administrator, and via which the Administrator provides services specified in these Regulations;
  4. Administrator – Tomasz Kucharski, with registered office at the following address: Bolesławów 41, 57-550 Stronie Sląskie registered under Tax ID (NIP): 8961148268, National Business Registry Number REGON: 02095739, Poland;
  5. TK – Tomasz Kucharski, with registered office at the following address: Bolesławów 41, 57-550 Stronie Sląskie registered under Tax ID (NIP): 8961148268, National Business Registry Number REGON: 02095739, Poland;
  6. User – a natural person who is at least 18 years of age or a major (adult person) under the law in force in the place of residence of that person. Minors may use the Website and Services offered within only with the consent and under the supervision of adults (legal guardians) and as well natural person conducting a business activity, legal person or entity with no legal personality who makes use of electronically supplied services provided by the Administrator;
  7. Login Form – a form available on the Website or an external website, used to create an Account;
  8. Account – marked with individual name (login/e-mail) and password given by the User, collection of resources in the Administrator’s ICT system where the User’s data are gathered;
  9. Contract – a Service Contract for services provided by the Administrator via the Website – concluded between the Administrator and the User, for an indefinite period, as per provisions contained herein;
  10. Regulations – these Regulations, as per Article 8 of the Act on Provision of Services by Electronic Means dated July 18th, 2002 (Journal of Laws 2017, item 1219) — defining the terms of usage of the Website;
  11. Query – a request for analysis of a specified phrase in a specified location and language, made by the User via the Account.
  12. Electronic service – 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 recipient, sent and received by means of electronic processing equipment, including digital compression, and data storage, which is fully broadcast, received or transmitted via a telecommunications network within the meaning of the Telecommunications Law.
  13. Agreement – sale agreement concluded between the User and TK via the Website regarding Services described in item 3 below, provided by TK.
  14. Service or Services – services provided electronically by TK, described in item 3 below.
  15. Billing month – the period for which the User pays for the duration of the Subscription on the Website. Fees for the Subscription of services provided on the Website are collected in advance every month on the calendar day on which the Subscription began according to the provisions of this Regulations..
  16. The Services provided by the Administrator via the Website are:
  17. Access to other functionalities listed on the Website: https://talktowalle.com/membership-pricing/
  18. Web Browser Extensions.
  19. More information have been described also in § 4 of these these Regulations.
  20. TK indicates that the Website is a subscription service under which Users have access to the Services offered.
  21. These Regulations are available free of charge via the Website www.surferseo.com, where they can be downloaded, saved, and printed.
  • 2. USAGE OF THE WEBSITE
  1. The User is obliged to utilize the Website in accordance with these Regulations, in a manner consistent with the applicable provisions of the law, as well as the principles of social co-existence and morality.
  2. Any action undertaken by the User should ensure the respect for individual rights of any third parties.
  3. While using the Website, the User is obliged to provide real and correct data and to protect it from any unauthorized access.
  4. Placing personal data of third parties on the Website is forbidden without the prior consent of these third parties.
  5. Users may only have one Account. In order to create multiple Accounts, Users require the express consent of the Administrator.
  6. Any User, as well as a third party, with access to the Website, is obliged to refrain from copying, modifying, sharing, transmitting, or using in any other manner the contents and databases available on the Website, apart from the scope of limitations of allowed use.
  7. The password allowing the User to log in to the Website is private and confidential. In order to ensure control over the account, its protection and prevent unauthorized persons from taking over the account, the User should not disclose the password or details of the selected payment method to anyone.
  8. Any instances of a password exchange between the Users are forbidden.
  9. It is forbidden to attempt to introduce any harmful data into the computerized system (malware, including bots, viruses, spyware, “worms”, etc.).
  10. Any content or actions in any way breaching these Regulations or not being compliant with the purpose of the Website may be reported via the e-mail address support@surferseo.com.
  11. In order to use the Website, it is necessary to have a computer with minimum requirements: single Core 3.0GHZ processor, 1GB RAM, Nvidia GeForce 5xxx series or equivalent graphics card as well as internet browser with network broadband recommended, as well as a keyboard or other pointing device which enables filling in the electronic forms. Recommended requirements: Duo Core or higher processor, 2GB RAM, Nvidia GeForce 7xxx series or equivalent graphics card as well as internet browser with network broadband recommended.
  • 3. SERVICE PROVISION CONDITIONS
  1. Creating a User account on the Website is free of charge.
  2. After creating an account on the Website, the User may purchase a monthly renewable subscription to the Services offered on our Website in accordance with the price list indicated at: https://talktowalle.com/membership-pricing/
  3. Before making a monthly subscription to the Services offered on our Website, the User after creating an account on the Website has the option of buying a trial 7-day subscription to our Services for USD 1 in order to get the access to the full functionality of the Services offered on our Website.
  4. Subscription for using the Website is payable in advance for each Billing month. Based on the payment made, the User is granted the access to the Website’s functionalities in accordance with these Regulations. Subscription on our Website is automatically extended every month until the User decide to resign. If the User resigns during the billing month, then his Subscription will not be renewed for the next month and he can use the Website’s functionalities till the end of the month he paid for.
  5. Information on payment for Subscriptions can be found at https://talktowalle.com/membership-pricing/ for the next month .
  6. The 7-day trial period of subscription indicated in item 3 above is not automatically renewed.
  7. In order to use our Website, the user must have access to the Internet and must provide TK with information on the current and accepted payment method described in detail in § 5.
  8. Activating a 7-days trial more than once for one user requires consent from the Administrator.
  9. The Administrator takes utmost care to provide their Services via the Website in a fully satisfactory manner to the Users.
  10. In order to fully utilize the Website’s capabilities, one should familiarise themselves with and accept the contents of the Regulations.
  11. Users are registered on the Website via its webpage containing a Log in Form, by filling it with their data (e-mail address), creating a password protecting the Account, and clicking the button confirming the registration, having first accepted these Regulations.
  12. The Service Contract is considered concluded once the User presses (clicks) the button confirming their registration on the Website.
  13. The Administrator has the right to terminate the Contract concluded with the User with a notice period of 14 days. The termination shall be communicated to the User via e-mail sent to the e-mail address provided during registration.
  14. The User may unsubscribe from services and / or close his account created on the Website at any time, while access to the Website and the account will be provided until the end of the monthly billing period. If the User unsubscribe during the billing month, the Service fee is collected for the billing month in which you unsubscribed from the Service. To submit a resignation, you can sent  a message informing of your intent to do so to the e-mail address: support@surferseo.com, or by deleting their data from the Website via a relevant button.
  15. The User found to have breached any provisions of these Regulations or any applicable mandatory rules of law may be requested by the Administrator to cease any such activity. The request shall be issued via e-mail to the User’s e-mail address provided during registration. If the request is not fulfilled and the User continues to breach these Regulations or the mandatory rules of law, the Administrator reserves the right to delete the Customer’s Account, which is tantamount to immediate termination of the underlying contract.
  16. Creating a new Account by a User whose previous Account was deleted requires express consent from the Administrator.
  17. If any errors are detected in the Website’s functionality, the User has the right to demand their removal, based on the nature and the complexity of the error.
  • 4. FUNCTIONALITY OF THE WEBSITE
  1. The basic functionality of the Website consists of SERP Analyzer, Content Editor, Keyword Research, Backlink and Keyword Overview. Each functionality is described on www.surferseo.com website. The administrator makes efforts to provide as accurate data as possible, however, some of them can be inaccurate or incomplete.
  2. The analysis results are presented in a graphical format – as charts, reports, lists, etc.
  3. The Administrator informs that the free account doesn’t allow one to utilize all available features. The Administrator reserves the right to make changes to the availability of functionality in free accounts at any moment. The functionality of each subscription plan is described on the pricing subpage: https://talktowalle.com/membership-pricing/.
  4. Most of the analyses are carried out in real-time, it may require several minutes to process. Some of the functionality like for instance: backlinks data, estimated traffic or keyword volume, are pulled from a previously precalculated database.
  5. The Administrator reserves the right to present analysis results carried out not in real-time.
  6. Via the Account, the User has access to the results of previous queries from the last three months, however, access can be limited to a shorter period for users on free accounts.
  7. The Administrator informs that the analysis and the results are presented only for information purposes and the Website is designed for professionals, able to properly utilise them. The analyses are not meant to serve as clues or recommendations, and undertaking any actions on the basis of received results is completely voluntary. The Administrator is therefore not liable for the means of the usage of the data acquired via the Website and any results stemming therefrom.
  8. If a Customer forgets/loses the password that they provided during registration, they have an option to use the “Reset Password” functionality, which will generate and send an e-mail to the e-mail address that was provided during registration with a link enabling one to reset the password.
  9. Each Account after registration is assigned to only one User and only this User is its owner. The administrator indicates that it is not possible to assign, transfer or otherwise dispose of (reselling accounts) existing User Accounts to other entities. This also applies to existing limits on the Account. The Administrator also indicates that it is not possible to share the same Account by several Users or by other third parties.
  • 5. METHOD OF PAYMENT
  1. Fees for Services purchased through our Website can only be made via online payments in one uninterrupted session. Payments may be issued online via credit cards, requiring the user to submit their card’s number, expiry date, and CVC code.
  2. Confirmation of payment will be sent to the User’s e-mail address provided in the registration process.
  3. All payments are made by using a payment platform Stripe. For more information please visit https://stripe.com/.
  4. Before placing an order, the User should read the Regulations and the Privacy Policy and accept them. After accepting all purchase data (including Product type and total payment), after clicking the “buy and pay” the button takes you to payment via Stripe platform indicated in item 3 above.
  5. Unused queries and other functionality within a billing period of time are not cumulative.
  6. Placing any additional Queries and access to analysis of factors unavailable in free Accounts requires one to purchase a subscription. Subscription costs and limits are shown on the pricing subpage https://talktowalle.com/membership-pricing/.
  7. At an express request of the User, sent via e-mail to support@surferseo.com, the Administrator may issue a pro-forma invoice and allow the User to issue the payment by other means. It applies to long term subscription plans.
  8. Once the subscription expires, the User shall retain access to Queries results from the last three months but loses access to the functionality that is unavailable for free Accounts.
  9. Subscription fees are collected every month as stated in § 3 item 4 by making payment on the calendar day on which the paid Subscription of Services started. In some cases, settlement dates may change, e.g.  if the paid subscription started on a day other than a given month, the payment is made on the closest possible day before that date. In the case of lack cash on the User’s credit card or the inability to collect payments by TK within the next 7-days from the first attempt to collect the payment, the Subscription will expire.
  10. Information on the date of payment for the monthly subscription, each User may find in their account in the tab: BILLING.
  • 6. COMPLAINTS
  1. If the User,  who is a consumer within the meaning of Article 22 (1) of the Polish Civil Code feels that the Administrator is not providing their services in accordance with the previously established rules, they may file a formal complaint. The User is in such a case requested to inform the Administrator of any alleged breaches, to allow the Administrator an opportunity to clarify their position on the matter.
  2. Any formal complaints should be sent via e-mail sent to the e-mail address support@surferseo.com.
  3. The complaint should contain the name and surname, the applicable e-mail address, the description of alleged breaches, and one’s requests relating thereto. In the event of a complaint, please indicate the reasons for the complaint and information necessary to identify the order.
  4. If the complaint is found to not contain sufficient information, the Administrator shall revert to the User and request additional data before responding to the complaint.
  5. The Administrator shall respond to the complaint within 14 days (not applicable to complaints filed by non-consumer Customers). The response to the complaint shall be sent via e-mail unless the User requests to have the response received via traditional mail.
  6. TK shall consider the complaint within 14 days and will inform you of how it dealt with. If no response is received from the Administrator within 14 days, the complaint shall be considered valid (not applicable to complaints filed by non-consumer User).
  7. Users who are consumers within the meaning of Article 22 (1) of the Polish Civil Code the complaint may be submitted within 12 months from the day on which the User activated the access to the Website or from the date of delivery of the Invoice containing the incorrect calculation of amounts due for the delivery and use of the Website. Complaints lodged after this deadline shall not be considered, and TK shall immediately notify the User thereof.
  • 7. WITHDRAWAL FROM THE CONTRACT
  1. A User who is also a consumer as per Section 22(1) of the Polish Civil Code, dated April 23rd 1964 (Journal of Laws 2017, item 459), has the right to withdraw from a distance Contract, without providing any reasons thereto, within 14 days of concluding the contract on providing services by electronic means.
  2. The above provision is not applicable in the following instances:
  3. provision of services, where the trader carried out service as per the consumer’s express consent, where the consumer had been informed before the service was provided that they would lose their right to withdraw from the Contract once the service is carried out,
  4. contracts for services for which the price or remuneration is dependent on variations of the financial market, outside of the trader’s control, which may occur before the contract withdrawal term is due,
  5. contracts for services covering non-prefabricated items manufactured based on the consumer’s specifications or used to serve their own, individual needs,
  6. contracts for services covering items that quickly deteriorate or with short “best consumed before” time frames,
  7. contracts for services covering items delivered in a sealed packaging, which, once opened by the consumer, prevents the item from being returned due to health or hygiene concerns,
  8. specific contracts for services covering items that, due to their inherent nature, are inseparably connected to other items once delivered,
  9. contracts for services covering alcoholic beverages, the price for which was established when concluding the Service Contract, and which may be delivered only after 30 days, and their price is dependent on variations of the financial market, outside of the trader’s control,
  10. contracts in which the consumer expressly demanded that the trader performs urgent repairs or conservatory works. If the trader provides any additional services to those requested by the consumer or delivers any items other than spare parts required to perform repairs or conservatory works — the consumer has the right to withdraw from the contract with regards to the additional services or items,
  11. contracts for services covering sound or video recordings, or software delivered in sealed packaging, if the packaging was opened by the consumer following the delivery,
  12. journals, periodicals, or magazines, except subscription contracts,
  13. contracts concluded at a public auction,
  14. contracts for services covering accommodation other than for residential purpose, transport of goods, car rental services, catering, or services related to leisure activities, if the contract provides for a specific date or period of performance,
  15. contracts covering the supply of digital content which is not supplied on a tangible medium, if the service has begun with the consumer’s prior express consent and with the acknowledgment by the consumer of losing the right to withdraw (if the consumer has agreed to start performance of the Contract during the withdrawal period and has acknowledged that he will therefore lose the right to withdraw from the contract (Article 38 (13) of the Consumer Rights Act).
  16. In order to withdraw from the Contract, one should file a written declaration via traditional mail or e-mail, within the statutory period of 14 days since the conclusion of the Contract, or delete their data from the Website, using the relevant button (field).
  • 8. COPYRIGHT PROTECTION
  1. All photographs and other materials (including texts, graphics, logotypes, etc.) available on the Website are considered the property of the Administrator or have been utilized by the Administrator with the consent of third parties possessing the relevant copyrights.
  2. Copying the photographs and other graphical materials, as well as reprinting any of the texts available on the Website, or their publication on the Internet without the prior written consent of the Administrator or the third party possessing the relevant copyright, is forbidden.
  3. Downloading graphical materials from the Website and using them for promotional or commercial purposes is also forbidden for all third parties.
  4. Any usage of the above-mentioned materials without prior written consent of the Administrator or the third party possessing the relevant copyright is against the law and may constitute a basis for initiating legal proceedings against the party engaging in such activities.
  • 9. EXCLUSION OF RESPONSIBILITY
  1. The Administrator is not liable for actions of the Users that are not compliant with these Regulations and for instances of the Users not fulfilling their legal obligations in accordance with the mandatory rules of law.
  2. The administrator is not liable for any damages caused by not being supplied with complete, correct, and updated data by the User.
  3. The Administrator is not liable for incorrect usage of the data acquired via Queries placed by the User or a third party. Provided analyses are considered specialist data and are meant for professionals. Incorrect usage of the data may produce unwanted results.
  4. The Administrator is not liable for damages incurred by Users resulting from force majeure, as per the applicable provisions of the Polish law.
  • 10. PROTECTION OF PERSONAL DATA
  1. TK indicates that the detailed conditions regarding the personal data protection policy are contained in the Privacy Policyavailable at  https://talktowalle.com/privacy-policy/.
  2. The provisions of the Act of 10 May 2018 on the protection of personal data in connection with the provision of electronic services shall apply to the processing of personal data, the provisions of this Act shall apply, provided that the provisions of the Act of 18 July 2002. the provision of electronic services does not provide otherwise. The provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation) shall also apply. on data protection), hereinafter (also referred to as EU Regulation).
  3. The Administrator may process the following User’s personal data necessary to establish, shape the content, change or terminate the legal relationship, among others: User’s surname and names; Login and password to the System, IP address; Correspondence address, if the contracting authority represents the company and wants to receive an invoice, additionally the name and registered office of the company and its tax identification number; User’s electronic addresses.
  4. The data administrator is TK.
  5. The User agrees to TK processing his personal data for the purpose of implementing the Agreement and handling the withdrawal and complaint process. At the same time, TK indicates that pursuant to the EU Regulation, it is not required to obtain a separate consent for data processing, if the processing of personal data is necessary to achieve one of the purposes indicated in the EU Regulation mentioned above, i.e. if the contract is being performed, to which the data subject is a party, or at the request of the data subject the activities necessary to conclude a contract.
  6. The User also agrees to the processing and transfer of his personal data to entities cooperating with TK in order to implement the Agreement / provide Services.
  7. Each person has the right to access their data and correct them, as well as control the processing of data that concerns them. The User has the right to request that the data provided by them be discontinued by deleting them from the database, however in this case further performance of the Contract / Service may not be possible and the Seller may cease selling to the Customer.
  8. In order to perform contracts or perform any other legal action with the User, TK may process other data necessary due to the nature of the service provided or the method of its settlement.
  9. Providing personal data contained in the Login form and the order form is voluntary, but necessary to conclude and perform the Agreement / provide Services. Lack of data will cancel the order.
  10. Personal data provided by the User when placing the order are processed by TK primarily for the purpose of proper performance of the Agreements and will not be disclosed to third parties, unless there are circumstances obliging or entitling TK to such disclosure pursuant to legal provisions.
  11. User’s personal data may also be transferred to entities performing activities related to the implementation of Agreements.
  12. The User is obliged to update his personal data provided to TK in connection with the provision of Services carried out through the Website.
  13. The User may give consent only on his own behalf to receive commercial, promotional and marketing information by electronic means of communication, in particular by electronic mail, in accordance with the Act on the provision of electronic services. In this case, the User’s personal data may be processed by TK also for the purposes of advertising, market research and behavior and preferences with the purpose of the results of these tests for the purposes of improving the quality of services provided by TK, which also includes the consent expressed by the User.
  14. TK processes the Customer’s personal data to the extent necessary to establish, shape the content, change, terminate and correctly implement the Agreements.
  15. The User, by accepting the relevant clauses contained in the order / login form, agrees to: (1) data processing for purposes related to User service and provision of services by TK, (2) optionally also sending information about products on the https://talktowalle.com/ and their functionalities to the e-mail address provided by the User.
  16. Pursuant to the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000) as well as based on Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation), we provide protection for all personal data that has been obtained as a result of conducting business activities and implementation Your orders on our Website.
  17. In cases and on the principles set out in applicable law, the User has the right to request supplementing, updating, rectifying personal data, temporarily or permanently suspending their processing or removing them, if they are incomplete, outdated, incorrect or have been collected in violation of the law or are no longer needed to achieve the purpose for which they were collected, and also has the right to submit a written request to cease.

 

  • 12 STATUTORY RIGHT OF WITHDRAWAL

 

  1. If the User is a Consumer, he has the right to withdraw from the Contract / Subscription of Services without giving a reason within 14 days from the day on which the Consumer or in the case of many products included in one order, but delivered separately, after 14 days from which the Consumer or a third party indicated by him (who is not a carrier) will actually take possession of the last of the products subject to § 7 item 2 point 13 of these Regulations.
  2. To exercise the right of withdrawal, the Consumer should notify TK via e-mail at the following address: supprot@surferseo.com or by using the Withdrawal Template indicated below:

Withdrawal form.

(this form must be completed and returned only if you wish to withdraw from the contract)

Address: Tomasz Kucharski, Bolesławów 41, 57-550 Stronie Sląskie, Poland.

I hereby inform about my withdrawal from the Agreement / Services, i.e.:

1) ____________________________________________________________________

2) ____________________________________________________________________

3) ____________________________________________________________________

Date of receipt of purchased Services: ___________________

Consumer’s name and surname: ____________________________________________________

Consumer’s address: ____________________________________________________________

Order number * ________________________

Invoice number / transaction number from the receipt * ________________________

Bank account number for refund: ____________________________________

Consumer signature (only if the form is sent in paper version): _____________

Date: ________________

(*) Providing the indicated data is not mandatory, however it will streamline and speed up the return process.

  1. Providing the reason for withdrawal is not required If the Consumer sends a notice of withdrawal from the Agreement in electronic form via the Model withdrawal form or by sending an e-mail, we will send such a Consumer a confirmation of receipt of the notice of withdrawal on a durable medium (pdf).
  2. The consumer is not entitled to withdraw from the Contract if its subject is the delivery of one of the following products: i. Products tailored to the individual needs of the Customer; ii. Sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; iii. Goods in a sealed package that cannot be returned after opening due to health protection or hygiene reasons if the package was opened after delivery.
  3. In the event of a statutory withdrawal from the Agreement by the Consumer, we will refund all payments received from him, including shipping costs, using the same payment method that he chose when paying for the product, unless he expressly agreed to a different refund method, which does not generate no additional costs for the consumer.
  4. In the event of statutory withdrawal from this Agreement and the choice of one of the refund methods we offer, the refund will be made without undue delay, and in any case not later than within 14 days from the day on which TK was informed of the withdrawal.
  5. To meet the deadline for withdrawing from the contract, it is sufficient for the Consumer to send information regarding the exercise of the Consumer right to withdraw from the contract before the deadline for withdrawing from the contract.
  6. In the event of withdrawal from the Agreement, TK returns to the Consumer all payments received, including the costs of delivery (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest usual delivery method offered by the Seller, immediately and in any case not later than 14 days from the day on which the Seller was informed of the Customer’s decision to exercise the right of withdrawal from the sales contract, with a reservation §7 item 2 of this Regulations.

 

  • 13. FINAL PROVISIONS
  1. The Administrator reserves the right to introduce limitations to the usability of the Website caused by technical issues, conservatory works, or upgrade implementation. Simultaneously, the Administrator is obligated to limit the above mentioned technical breaks to night time and to have them last as briefly as possible.
  2. The Administrator reserves the right to introduce changes to the Regulations, and to expand or limit the scope of services rendered. Any such changes shall be communicated to the User via e-mail, sent to the e-mail address provided during the registration on the Website. The changes shall be introduced not earlier than after 7 days since informing the User.
  3. The changes to the Regulations shall not aim at modifying the rights that the Users acquired prior to introducing them.
  4. The provisions of these Regulations are not aiming at waiving or limiting any of the rights of the User being a consumer, as per the Civil Code dated April 23rd, 1964 (Journal of Laws 2017, item 459), applicable as per the mandatory rules of law. Should any of the provisions of these Regulations not comply with the above-mentioned rules of law, the rules of law shall take precedence.
  5. For disputes between the Administrator and a non-consumer User, the relevant court shall be the court of competent jurisdiction as per the Administrator’s registered address.
  6. Any matters not regulated by these Regulations shall be regulated by the applicable provisions of the Polish law, especially the Civil Code dated April 23rd, 1964 (Journal of Laws 2017, item 459), and any other applicable acts.
  7. The Regulations are subject to Polish law and will be interpreted in accordance with the relevant provisions of this law. In no case, however, the Regulations limit any mandatory consumer rights that may be granted to the user in accordance with the provisions in force in his country of residence.
  8. Should an amicable resolution not be possible, the conflict shall be resolved by the relevant court as per the provisions of the Polish law for the User also being a consumer as per Article 22(1) of the Civil Code dated April 23rd, 1964 (Journal of Laws 2017, item 459). Any disputes arising from the services provided by the Administrator as well as all possible disputes that may arise out of them may be subject to the provisions of Polish law and the court competent to settle them shall be the Polish court, unless the applicable law of a Member State of the European Union or any other territory provides otherwise.1. A proof of purchase is attached to each Service purchased.
  9. TK reserves the right to amend these Regulations. In this case, new Regulations will be published on the Website and all Users shall be informed about the content of the changes 7 (seven) days before the changes come into force.
  10. It is forbidden for Users to provide any illegal content, in particular in any way violating applicable law, calling for racial, ethnic or religious hatred, containing pornographic content, praising fascism, Nazism, communism, promoting violence, offending religious feelings, violating the rights of others, etc.
  11. The User bears full responsibility for violation of applicable law or damage caused by his actions on the Website, in particular for providing illegal or false information, violation of personal rights or copyrights and related rights, as well as disclosure of business secrets or other confidential information.
  12. TK shall take technical and organizational measures appropriate to the degree of threat to the security of the Services provided, in particular measures to prevent the unauthorized persons from obtaining and modifying personal data of Participants made available in connection with the provision of Services by the Website. However, TK reserves that using the Services provided electronically may involve risks. Possible risks related to this, as well as technical measures available to Users to minimize them, are described in the Information on special risks associated with the use of services provided by users by electronic means, constituting Annex 1 to these Regulations.
  13. These Regulations are applicable starting with the 29th October 2019.

Appendix 1.

Information

about the special risks associated with the use of electronic services by TK by Users

In order to perform the obligation arising from art. 6 point 1) of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended), TK hereby informs about the special risks associated with the use of electronic services by users.

TK declares that it uses the necessary measures to protect its infrastructure against unauthorized actions of third parties, and therefore the threats listed below can occur only potentially, but they should be taken into account when using services provided electronically.

The basic threats associated with using the Internet include:

– malicious software, which means various types of applications or scripts that have harmful, criminal or malicious actions in relation to the user’s IT system, such as viruses, worms, Trojans (Trojan horses), keyloggers, dialers;

– spyware, which means user tracking programs that collect information about the user and send it – usually without his knowledge and consent – to the author of the program;

– spam, i.e. unwanted and unsolicited electronic messages sent simultaneously to many recipients, often containing advertising content;

– phishing confidential personal information (e.g. passwords) by impersonating a trustworthy person or institution (phishing);

– hacking into the user’s ICT system using, among others hacker tools such as exploit and rootkit.

To avoid these threats, the user should provide his computer and other electronic devices, which he uses by connecting to the Internet, with an antivirus program. Such a program should be constantly updated.

Protection against threats related to the use of electronic services by Users is also ensured by:

– firewall enabled,

– software update,

– not opening e-mail attachments of unknown origin,

– reading application installation windows and their licenses,

– regular comprehensive system scans with anti-virus and anti-malware software,

– data transmission encryption,

– installation of preventive programs (intrusion detection and prevention),

– using the original system and applications from a legitimate source.