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Terms


§ 1

Definitions

Any time the following expressions and definitions are referred to in this document, they should be understood as follows:

Rules – these rules of using the platform www.pomelody.com, constituting the rules as provided for in the act of 18 July 2002 on rendering online services (Journal of Laws No. 144 item 1204), defining the rules of rendering online services by the Publisher to the Users.

Website – the website available at the domain www.pomelody.com, and sub-domains and sub-sites of this website.

User – a natural person, aged 18+, being a contractor of Pomelody Sp. z o.o., using the Website, who successfully creates an Account on the Website by being assigned a Login and password allowing said person to sign in to the Account (registration on the Website)

Account – a space on the Website made available to respective Users after signing in (providing Login and password), intended for use of the functionalities of the Website.

Login – individual and unique User name on the Website selected by the User while creating (registering) an Account on the Website;

Publisher – Pomelody Sp. z o.o., with the registered seat in Częstochowa, at ul. Krakowska 45/56A, 42-202 Częstochowa, entered into the National Court Register under the number KRS 0000479187.


§ 2

Basic information and technical conditions of use of the Website

  1. To use the services of the Website it is required to have the equipment allowing the use of the Internet resources, an e-mail account and a browser allowing displaying WWW sites (the use of the latest version of web browsers with enabled the “cookies” functionality is recommended). Proper use of video services rendered on the Website, shall require the use of the following software: Web Browser supporting Adobe Flash Player version 11 or higher.
  2. Proper functioning of the Website, its proper displaying in the Internet browser as well as the safety of User’s data saved on the User’s Account shall depend on meeting all the technical conditions of use of the Website by the User. If the User does not meet the above requirements, the Publisher will not be held liable for any damages suffered by the User in case the Website does not function properly.
  3. The Website is based on cookies technology. The principles of use of cookie files by the Administrator have been included in the Privacy Policy available at www.pomelody.com/privacy-policy.
  4. Notifications concerning the use of the Website will be sent to the e-mail address provided by the User in the registration form. The User is obliged to provide a valid and correct e-mail address.
  5. Any use of the services on the Website by the User that infringes common legal regulations, may result in civil or criminal prosecution. Upon request of the authorized organs of the state and, for the purpose of proceedings conducted by them, the Publisher will disclose any particulars of the Users that may be at his disposal.

§ 3

Registration on the Website, personal details and deletion of the User Account

  1. Registration on the Website is voluntary and free of charge.
  2. Registration on the Website may be done by a natural person aged 18 and above, being a client of Pomelody Sp. z o.o. who after accepting the Rules, completes the registration procedure and successfully creates an Account.
  3. To register on the Website, the User has to meet the technical requirements specified under § 2 and have access to his or her e-mail box.
  4. One person may have only one Account on the Website. It is not allowed to make the Account accessible to others.
  5. Registration on the Website is tantamount to the acceptance of the Rules, Privacy Policy and consent to User’s personal data being processed by the Publisher.
  6. Providing personal details is voluntary. In order to correctly create an Account it is required to provide personal details in the registration form.
  7. After filling in the Registration form and submitting it, the Publisher creates a User Account. The Publisher’s decision on creating a User Account is confirmed by an e-mail communication sent to the address provided on the registration form with a request to confirm registration. The confirmation is confirmed by clicking the link contained in the e-mail body. This concludes the process of registration of a User Account.
  8. Personal details of the Website Users will be processed by the Publisher for the purpose of rendering services within the Website, and in legally justified actions of the Publisher, i.e. direct marketing of the Publisher’s goods or products, and provided that the User expressed a separate consent – for marketing purposes (other than direct marketing of the Publisher’s own products or services), pursuant to the acts of 18 July 2002 on rendering online services (Journal of Laws No. 144 item 1204) and of 29 August 1997 on personal data protection (Journal of Laws of 2002, No. 101 item 926). Personal data is administered by the Publisher.
  9. User shall be entitled to browse and to amend his or her personal data. Issues which are not covered by these Rules and pertaining to the Users’ personal data protection are specified in the document “Privacy Policy” – available on the Website at www.pomelody.com/privacy-policy. User’s consent to personal data processing and receiving from the Publisher, to the e-mail address made available to the User, commercial information from the Publisher or any of its contractors, may be withdrawn at any time. Consent withdrawal may happen by e-mail sent to the address hello@pomelody.com or in writing sent to the address of the Publisher specified above in these Terms.
  10. A User may at any time request that his or her Account be deleted from the Website. Such request should be sent by e-mail to the Publisher to the address: hello@pomelody.com.
  11. If the Publisher discovers that the User is in breach of the provisions of the Terms, the Publisher is entitled to block the Account or respective services of the Website. At the same time the Publisher sends an e-mail correspondence to the address provided by the User stating the reasons why the Account or respective services have been blocked, the period for which such Account or service is to be blocked and the information that if the breach of the Terms happens again, the User’s Account will be deleted from the Website without any further notice. The Publisher will unblock the Account or other services after the expiry of the specified deadline as indicated in the e-mail notice.

§ 4

Multimedia content available on the Website

  1. All rights to the Website published by the Publisher are reserved to the Publisher, and the rights to the respective text, graphic elements, pictures, audio-visual materials, applications and databases are reserved to the Publisher. Both the Website and any of its elements shall be protected by Polish and international law, including in particular the provisions of the act of 4 February 1994 on copyright and similar rights, the act of 27 July 2001 on databases protection and the act of 16 April 1993 on combating unfair competition.
  2. The use of text, graphics, pictures, audio-visual materials and applications and other elements contained on the Website does not imply that Users are granted any intangible rights to the works contained therein. It is particularly forbidden to: a) perform, for commercial purposes: copies, modifications and to transmit online or otherwise the Website or any part thereof, or respective works made available on the sites, b) disseminate the works displayed on the Website, c) download videos displayed on the Website. If the User intends to use any element of the Website, as specified above, he or she should seek prior written consent of the Publisher.
  3. The use of the Website’s elements is only admissible within the permitted use, as provided for by the act on copyright and such use should not violate any normal use of the work nor harm legal interest of the Publisher.

§ 5

Payment Terms

  1. By placing an order for any products or services through the Website, you agree that you have read, understand and agree to be bound by these Terms in effect at the time of purchase.
  2. place a purchase order on the Website, you must:
    • be over 18 or have the consent of your parent or guardian;
    • comply with these Terms;
    • have a current email address; and
    • have a valid credit card or PayPal account which you are authorised to use for placing the purchase order by under these Terms.
  3. You agree to accept responsibility for all purchase orders made by you by someone on your behalf.
  4. payments which you make to Pomelody Sp z o.o. through the Website are made through either:
    • a separate credit card transaction gateway, the Braintree Payment System (Braintree Payment System) (https://www.braintreepayments.com); or
    • a separate transaction gateway, the PayPal Payment System (PayPal Payment System)
  5. These gateways are not operated by us. The Braintree gateway is operated by a third party provider called Braintree (https://www.braintreepayments.com) and PayPal (http://www.paypal.com.au). Transactions through this gateway are processed and settled by NAB. The PayPal gateway is operated by a third party provider called PayPal (http://www.paypal.com.au). Transactions through this gateway are processed and settled by PayPal.
  6. The Braintree Payment System accepts Visa, Mastercard and American Express credit cards as forms of payment. The PayPal Payment System accepts various forms of payment.
  7. By submitting a purchase through the Braintree Payment System, you authorize Pomelody Sp. z o.o. to charge the account you specify for the purchase amount. By submitting a purchase through the PayPal Payment System, you authorize PayPal to charge the account you specify for the donation or purchase amount.
  8. You must not pay, or attempt to pay, for products or services in relation to Pomelody Sp. z o.o. through any fraudulent means.
  9. Please see the Privacy section below regarding how we deal with your credit card number and other personal information.

§ 6

Purchase Orders

  1. Prices of products and services displayed on the Website are current at the time of issue, but are subject to change without notice. You should check the price of a product or service at the time of placing an order for it.
  2. Any order placed by you through the Website for a product or service is an offer by you to purchase the particular product or service for the price notified (including the delivery and other charges and taxes) at the time you place your order.
  3. Orders will not be accepted and products will not be despatched or service arranged until payment in full has been received and we are satisfied with the integrity of the order and the validity of payment. We will send you a payment and delivery confirmation at that time. We reserve the right to cancel an order after a payment and delivery confirmation at that time if payment could not be completed.
  4. Please note that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation, by us.
  5. If you need to cancel a purchase order or donation, please contact us immediately at hello@pomelody.com.
  6. Once we have accepted payment for a purchase order, cancellation of it is within our sole discretion.

§ 7

Complaints

Any complaints concerning the services referred to in the Terms should be sent by e-mail to: hello@pomelody.com or in writing to the Publisher’s address specified above in these Terms. The Publisher will investigate the complaint within 14 (fourteen) days from the date of receipt thereof. Reply to the complaint will be sent to the address indicated by the complainant.


§ 8

Changes to the Terms

The Publisher reserves the right to introduce changes to the Terms for important reasons, i.e.: change of the applicable legal regulations, resulting in the fact that respective provisions of the Terms become contrary to the absolutely applicable legal regulations; change of the Website’s functionality, whose purpose is to facilitate the use of the Website by the Users, and such change requires the change of the Terms; or introduction of new functions of the Website, which require changes to the Terms; or technically justified change of functionality or introduction of new functionality whose purpose is to improve operation of the Website and which requires the change of the Terms. Any changes to the Terms for reasons specified in the preceding sentence will be introduced to the extent they are justified by the reasons for introducing the same. The Publisher shall notify the Users of all and any changes of the Terms by publishing them 7 days prior to the changes taking effect, on the Website where the Terms, in the version applicable prior to the changes, were published.