TERMS AND CONDITIONS FOR PROVIDING SERVICES WITHIN THE INTERNET PLATFORM
- GENERAL PROVISIONS
- These Platform Regulations define the general terms and conditions, and the manner of providing the Services, via a platform that is a tool enabling participation in online Events, provided by the Service Provider (hereinafter referred to as: ” Platform” or ” Internet Platform “).
- The platform is a tool provided by Blu Experience sp. Z oo with headquarters in Krakow, ul. Warszawska 1531-155 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the number 0000495773, NIP: 9452177517, REGON: 123030655, with share capital of PLN 50,000.00, hereinafter referred to as , Service Provider “. The Service Provider provides the Services specified in these Platform Regulations only on behalf and for the benefit of the Event Organizer. The Organizer of the Event is the entity indicated in the Platform as the Organizer.
- As part of the Platform, the User may participate in various types of events by participating in audiovisual broadcasts of Events organized by third parties – their organizers, including in particular entertainment, cultural, sports, scientific and similar events. The service provider is not the organizer of these events. The Service Provider only provides, at the request of the Event Organizer, the Platform infrastructure in order to enable participation in the Event to the Event participants indicated by the Organizer.
- Contact with the Service Provider takes place:
- via e-mail to the following address: email@example.com,
- by phone: +45501172589.
- Contact with the Organizer takes place as indicated on the Platform.
- These Platform Regulations are continuously and free of charge made available on the Platform in a way that allows 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.
- Unless otherwise indicated on the Platform, all rights to the Platform, including proprietary copyrights, intellectual property rights to its name, internet domain, website, as well as to forms and logos, belong to the Service Provider, and they may only be used in a manner specified and in accordance with the Platform Regulations.
- It is forbidden to copy, duplicate, modify, reproduce or distribute any part of the Platform, the Service or its elements without the prior written consent of the Service Provider, and the Events – without the consent of the Organizer, except in cases expressly permitted by the provisions of applicable law and the Platform Regulations. The Service Provider or the Organizer may take steps, including in court proceedings, to protect their and Users’ interests.
Terms used in this document have the following meanings:
User – a natural person with full legal capacity, a natural person running a business, a legal person or an organizational unit without legal personality that uses the Platform;
Event – an entertainment, cultural, sports, scientific or similar event organized by a specific third party (Organizer), to which the User receives Access using the Platform, after meeting the conditions specified by its Organizer. The event is organized and takes place on a strictly specified date by the Organizer;
Organizer – a person or entity organizing the Event and specifying the terms and conditions of participation in it;
Access to the Event / Access – a Platform Service under which the User, via data transmission, receives access to the content provided by the Event Organizer using the Platform’s infrastructure;
User Account – a service available to Users after registration and logging in, enabling, inter alia, participation in the Event and performing activities specified in these Platform Regulations within the Platform;
Registration – a one-time activity consisting in creating a User Account and saving for a given Event;
Consumer – a User who is a consumer within the meaning of art. 22  of the Civil Code;
Entrepreneur – a User who is an entrepreneur within the meaning of art. 43  of the Civil Code;
Entrepreneur – Consumer – a natural person concluding a contract directly related to his business activity, when the content of this contract shows that he does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity;
Services – services provided on behalf of the Organizer by the Service Provider to the Platform Users by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Regulations – regulations adopted by the Organizer, specifying the rules of participation in the Event via the Platform, available on the website.
Platform Regulations – this document.
- RULES FOR USING THE PLATFORM
- The use of the Platform may take place on the terms and to the extent specified in the Platform Regulations.
- The Service Provider informs that the use of the Platform may be associated with a risk for every user of the Internet, consisting in the possibility of introducing malicious software into the User’s ICT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the User should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and a firewall.
- Minimum technical requirements enabling the use of the Platform and Services:
⎯ a device with Internet access;
⎯ access to e-mail;
⎯ the latest version of the web browser with cookies and Java Script enabled,
⎯ program for reading files in PDF format;
– active and correctly configured on the device from which the User uses the data transmission service provided by a telecommunications operator or a wireless link.
- If it is justified by the nature of a given Event, Access to the Event may also require fulfillment other than those indicated in point 3 technical or hardware requirements. In such a case, the Event Organizer will each time provide the User with a list of such requirements.
- The fees for using the data transmission service are paid by the User to the appropriate telecommunications operator according to the tariffs set by the operator and they do not constitute part of the Service or Event.
- It is forbidden for Users to use the Platform or its Services in a manner that violates the law, decency, personal rights of third parties or the legitimate interests of the Service Provider or the Organizer.
- Any activities on behalf of the User who is an Entrepreneur may only be performed by persons duly authorized to act on behalf of the Entrepreneur. The Service Provider may oblige the person acting on behalf of the Entrepreneur to send electronically the documents indicated by the Service Provider, including, in particular, documents confirming the authorization to act on behalf of the Entrepreneur and the Entrepreneur’s business activity, under pain of refusal to provide the Service or termination of the Service.
- PLATFORM SERVICES
- The services provided as part of the Platform and its use are free of charge. If participation in the Event is payable – the payment is always made directly to the Organizer, and the Organizer independently determines its amount and the rules for making it.
- The use of the Platform is understood as any activity of the User leading to becoming acquainted with the content available on it. Viewing the content available on the Platform is a Service provided for a specified period of time – and is provided until the User closes the Platform’s page.
- The main functionality of the Platform is to provide the Access Service to Events organized by the Organizers.
- Unless otherwise indicated by the Organizer, in order to use the Access to the Event, the User must register on the Platform, which constitutes a subscription for the Event and the creation of a User Account.
- In order to register the User Account, the User fills in and accepts the registration form available on the Platform, completing the data marked as obligatory and specifying the event code received from the Organizer, individual for a given Event (hereinafter referred to as: ” Code ” or ” Event Code “). The Organizer independently decides about the methods, dates and rules for the distribution of the Code.
- Unless the Organizer decides and indicates otherwise to the User, 1 (one) Code enables the Registration of one Account.
- The Organizer of the Event may decide individually that in order to gain Access to its Event, it will not be required to have and provide a Code at the Registration, or even to Register an Account in the Platform – in this case, the Organizer informs the Users about it each time by providing information about the Event.
- In order to correctly complete the Registration, the User may also be asked to perform additional activation of the User Account, including by using e-mail, in accordance with the information displayed on the Platform.
- The User Account is used to identify the User for the purposes of Accessing a specific Event, and therefore the User is not allowed to use the Accounts of other Users and provide other people with the possibility to use the Account, including disclosing the password to access the Account or the Code.
- By registering a User Account, the User declares that the data provided by him in the registration form are true and do not infringe the rights of third parties.
- As part of the use of the Platform, the User is obliged in particular to supplement the data indicated in his User Account. In the event of any changes to the User’s data placed in the User Account, the User is obliged to immediately correct the data, using the functionalities available as part of the User Account.
- . The User may request the Organizer to delete the User Account or delete the User Account by himself using the functionalities available on the Platform.
- The use of the Access Service to the Event takes place on the terms set out in point. V of the Platform Regulations.
V. ACCESS TO THE EVENT
- The Event Access service enables the User to participate in the Organizer’s Event remotely (without the simultaneous presence of the parties) using the Platform’s infrastructure.
- The rules of Access to the Event and participation in the Event with the use of the Access Service are each time defined by the Organizer by informing the participants about such rules.
- Depending on the Event, the Organizer may require registration for the Event, or another form of subscription to the Event, or purchase of an admission ticket, which is not an element of the Platform and is each time carried out by the Organizer on its own.
- Events to which the User may have access on the Platform may, at the Organiser’s choice and decision, be entirely remote (online event) or consist of enabling Access to the Event of a stationary nature combined with the possibility of the User’s remote participation in them using the Platform.
- Participation in the Event, including the use of the Access Service, may be paid or free of charge – as decided by the Organizer. In the case of Paid Events, all fees are paid by the User directly to the Organizer, on the terms specified by him.
- The Organizer may decide that the Access to the Event is open, i.e. it does not require the possession and provision of an Event Code or does not even require Account Registration – in which case such information will be provided to the Users by the Organizer himself.
- The organizer independently determines what content is made available as part of the Access to the Event and whether the content is made available in real time.
- The Organizer also determines whether, as part of the Access to the Event, the User will also be entitled to send content to the Organizer or other participants of the Event, including in particular:
– participation in the Event with simultaneous transmission by the User to the Organizer or other participants of the image and sound;
– interacting with the Organizer or other participants – such as participating in discussions, asking questions, sending messages using the forms available on the Portal or an interactive chat.
VI. USERS ‘RIGHTS AND OBLIGATIONS
- The Platform User is obliged to:
- use the Platform in a manner consistent with the law, morality, as well as the provisions of the Platform Regulations, with respect for personal rights, intellectual property rights and other rights of third parties;
- having all rights to the content posted on the Platform or using the Platform or transferred to the Service Provider or Organizer;
- entering data consistent with the facts on the Platform and informing immediately about any changes to the data, including in particular data affecting the implementation of the Platform Services;
- failure to use devices, software and methods that may disrupt the operation of the Platform;
- not providing illegal content;
- participation in the Event as part of Access in accordance with the terms of participation specified by the Organizer.
- It is forbidden to add and present by Users on the Platform or using it, any information, elements or content that would contain content prohibited by generally applicable provisions of law, violating the rights of third parties, principles of decency, or constituting acts of unfair competition, and the use of this information may not constitute a violation of the law, the provisions of these Platform Regulations, the rules of participation in the Event or good manners.
- The Service Provider, acting on behalf of the Organizer, has the right to terminate the provision of the Service with immediate effect, in particular in the event of doubts as to the correctness or completeness of the data provided by the User, as well as in the case of:
- the Service Provider becoming aware that such a User violates the Platform Regulations, applicable law or principles of good manners, rules of participation in the Event;
- when the actions or omissions of the User adversely affect the good name of the Service Provider or the Organizer or otherwise harm the Service Provider or the Organizer;
- in the event of receipt by the Service Provider of a complaint about the activity of a given User or in other case of doubts by the Service Provider as to the compliance with the specificity of the Platform, the law and principles of social coexistence, the User’s actions.
- The sole source of the Service Provider’s obligations is these Platform Regulations and the mandatory provisions of law.
- The liability of the Service Provider and the Organizer for the Services provided on the Platform towards the Entrepreneur is excluded to the extent permitted by applicable law and is limited to the amount of PLN 2,000.00 net. In particular, the liability of the Service Provider and the Organizer for lost profits towards the Entrepreneur is excluded.
- The Service Provider and the Organizer are not responsible in particular for:
- interruptions in access to the Platform, including those preventing the use of the Services, caused by the need to remove any failures, testing hardware and software, the need for maintenance,
- technical problems related to the use of the Platform, arising for reasons beyond the control of the Service Provider or the Organizer, including force majeure or incorrect operation of the Internet,
- unavailability of the Platform or Services for reasons not attributable to the Service Provider or the Organizer,
- damage suffered by the User, caused by incorrect recording or reading of data or any content,
- the consequences of acquiring the rights enabling the use of the Services or the Platform by a third party.
- The Service Provider and the Organizer are not and will not be liable for force majeure, by which these parties understand extraordinary external events not attributable to the Service Provider or the Organizer making it impossible to perform the obligations arising from the implementation of the Platform Service, which could not be foreseen or prevented by ordinary means , even with due diligence, including in particular such as war, natural disaster, hacker attack, riots, general strikes, armed attacks, epidemics.
- The User is liable for any damage caused by violation of the provisions of the Platform Regulations, law or good manners. The Service Provider or the Organizer has the right to charge the Entrepreneur with possible costs of court proceedings and other sanctions incurred by the Service Provider or the Organizer as a result of the User’s activity inconsistent with the Platform Regulations, law or decency.
VIII. COMPLAINTS, CONSUMER WITHDRAWAL FROM THE CONTRACT AND EXTRAJUDICIAL METHODS OF RESOLUTION OF DISPUTES
- The consumer, as well as the Entrepreneur – Consumer may withdraw from the contract without giving a reason by submitting an appropriate statement within 14 days. To meet this deadline, it is enough to send a statement before its expiry.
- The consumer may formulate the statement on his own or use the template of the declaration of withdrawal from the contract for the provision of Services, which is attached to the Regulations.
- The right to withdraw from the contract by the Consumer or Entrepreneur – Consumer is excluded in the case of: a contract for the provision of Services, if the Service Provider has fully performed the Service with the express consent of the Consumer or Entrepreneur – Consumer who was informed before the commencement of the service that he will lose the right to withdraw after fulfilling the service from the contract, as well as in the case of a contract for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of contract performance .
- The User may submit complaints regarding the Services provided as part of the Platform, in particular their non-performance or improper performance.
- Complaints may be submitted in writing or via e-mail to the addresses of the Service Provider or the Organizer indicated in these Platform Regulations or the Regulations, respectively.
- In the complaint, the User should provide his name and surname, correspondence address, type and description of the problem.
- The complaint will be considered within 14 days of its receipt. The User will be notified by e-mail about the consideration of the complaint to the e-mail address provided in the application.
- The consumer has, among others the following options for using out-of-court complaint and redress procedures:
- is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the User and the Service Provider;
- may also submit a complaint via the EU ODR internet platform, available at: http://ec.europa.eu/consumers/odr/.
Information on how to access the above-mentioned mode and procedures for resolving disputes can be found at the following address: www.uokik.gov.pl in the tab “Settlement of consumer disputes”.
- PERSONAL DATA PROTECTION
- FINAL PROVISIONS
- The platform is not an online intermediation platform, and therefore the provisions of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users using intermediation services will not apply to it. internet.
- The Platform Regulations are available in Polish.
- Copying or publishing these Platform Regulations or its parts without the written consent of the Service Provider is prohibited.
- Unless mandatory provisions of law provide otherwise, the law applicable to all disputes arising from these Platform Regulations is Polish law.
- Any disputes arising under these Platform Regulations, in the event that the other party is not a Consumer, will be resolved before a common court competent for the seat of the Service Provider.
- The content of these Platform Regulations may change. Each consumer will be informed about any changes through information on the Platform containing a list of changes and the date of their entry into force. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. In the event, when the consumer does not accept the new Regulations Platform is obliged to notify this fact to the Service Provider in an email message to the email address specified in point. I of these Platform Regulations, within 14 days from the date of notification of the change in the Platform Regulations. Lack of acceptance results in the termination of the Agreement for the provision of Platform Services.
- The Service Provider may also present changes to the Platform Regulations for Users who have a User Account to read and accept when logging into the User Account. If the User does not accept the amendment to the Platform Regulations, the User Account Service Agreement shall be terminated after 14 days from the refusal to accept, unless the User accepts it at that time. In such a situation, the amended provisions of the Platform Regulations shall apply to the User from the date of their acceptance.
- Amendments to the Platform Regulations concerning Entrepreneurs enter into force on the day of their publication on the Platform.