Terms and Conditions of Providing Services by Electronic Means by GPM Systemy sp. z o.o.
via the Website WWW.ASIST-XBRL.EU
§ 1. Introduction
- The Terms and Conditions set out the types and terms of providing services by electronic means in accordance with Act of 18 July 2002 on Providing Services by Electronic Means (Dz. U. no. 144 item 1204 as amended) by the Service Provider- GPM Systemy sp. z o.o. via the website maintained at the address: www.asist-xbrl.eu.
- The Terms and Conditions are made available to Recipients free of charge, via the Website in the form enabling its downloading, fixing and printing.
- In order to start using the Services available via the Website, the User shall read and accept the Terms and Conditions.
- The Terms and Conditions set out the types, scope and terms of providing services by the Provider via the Website.
- The Provider provides services by electronic means in accordance herewith.
- The Terms and Conditions specify the provisions relating to the rights and obligations of Users, universal for all services provided by the Provider via the Website.
§ 2. Definitions
The terms used herein shall mean:
- Electronic Address – any marking of a teleinformation system that enables communication by means of electronic communication in particular electronic mail;
- Teleinformation System – a set of co-operating information devices and software ensuring processing and saving, and also transmitting and collecting of data within telecommunications networks by means of a terminal appropriate for the kind of the given network within the meaning of Telecommunications Act of 16 July 2004 (Dz.U. No. 171, item 1800);
- Providing services by electronic means – such way of rendering a service, which comprises transmitting and collecting data by means of teleinformation systems, at the individual request of Recipient, without the parties being simultaneously present, while the data are transmitted through public networks within the meaning of Telecommunications Act of 16 July 2004;
- Electronic communication – technical measures, including teleinformation equipment and software tools co-operating with it, enabling individual distant communication by using data transmission between teleinformation systems, in particular electronic mail;
- (Service) Provider – GPM Systemy sp. z o.o. seated at ul. Kiemliczów 9/4 54-513 Wroclaw, entered into business register kept by the District Court Wroclaw Fabryczna, 6th Commercial Division under Court Register Number (KRS) 0000265283, tax id. number (NIP) 894-288-22-11, running a website under address: www.gpm-systemy.com;
- (Service) Recipient – any natural person, entity or organisational unit without legal entity, who uses services provided by electronic means;
- Website – internet site under the address: www.asist-xbrl.eu;
- Services – services rendered for the benefit of Recipient pursuant to the execution of the agreement between Provider and Recipient in relation to software provided by the Provider;
- Account – part of the Website available to Recipient after correct logging in, enabling to download the software and its updates with the documentation and to send a service request;
§3. Scope, types and terms of providing services by electronic means
- Services provided by Provider consist of running the Website and posting software updates on the Website.
- Recipient is obliged to use electronic system fulfilling the following minimum requirements, in order to ensure the proper provision of Services by the Provider:
- internet access,
- individual e-mail account,
- correct configuration of internet browser.
- Recipient may not deliver illegal content to the Website.
§4. Account registration and personal data
- While registering the account, Recipient acknowledges his/her reading the Terms and Conditions by checking the box in teleinformation system of the Website.
- Recipient makes a declaration of intent that he/she accepts or refuses to accept the following statements by checking the box in teleinformation system of the Website:
- processing his/her personal data by the Provider for the purposes relating to sending the form;
- processing his/her personal data by the Service Provider for marketing purposes and to send commercial information by electronic means.
- During the Account registration on the Website, the Recipient shall choose the account type (commercial bank, cooperative bank, association coordinator, axSIS) and provide his/her name and surname, email address, and bank name.
- The data provided in the form shall be true and authentic.
- Provider – as the administrator of personal data – is obliged to protect Service Recipients’ personal data. Personal data provided by Recipients may be processed for the purposes of Personal Data Protection Act of 29 August 1997 (Dz. U. no. 101 item 926 as amended) and hereof.
- Recipient provides his/her personal data voluntarily. The data is not verified, however, Provider reserves a right to refuse the provision of Services without Recipient’s disclosing them. The reservation is made in particular in relation to Recipient’s email address. The Provider shall inform Recipient in any event shall the personal data be required.
- Recipient agrees to gathering, storing and processing technical and technological data by the Provider, including but not limited to: IP address, indicated internet address (URL), internet address from which Recipient has entered Website, type of browser used by Recipient, and other information transmitted by http protocol.
- Provider stores and processes Recipients’ data in personal data digital database. The database has been registered in the register kept by Inspector General for the Protection of Personal Data.
- Following the account registration by the Recipient, in order to ensure the security and correctness of his/her data, the Recipient receives at email address indicated during registration message with a request to confirm and finish the registration process.
- Once the correct registration request is accepted by the Provider, it will be saved in teleinformation system of the Website.
- The account shall be available for the Recipient after a successful registration.
- Recipient has the right to correct his/her data. In order to do so, he/she should contact the Provider via email.
§ 5. Particular risks relating to using the services
- Due to the fact that the functioning of Internet depends on the services of numerous entities, the Provider has no influence on its usability and availability.
- Electronic communication could be sensitive to third parties’ interference.
- Provider constantly endeavors to ensure a secure communication with the Website and its effective functioning. However, it is not possible to fully eliminate the risk of third parties’ interference.
- Main risks relating to using the services include but may not be limited to: trojan horses, computer viruses, unsolicited electronic messages sent simultaneously to numerous recipients. It shall be in Recipient’s interest to install and update an adequate software securing his/her system against the risks relating to the usage of the services provided by electronic means.
§ 6. Waiver
- Provider shall neither be liable for unavailability of the Website nor for the discontinuance of services provided by electronic means for reasons beyond Provider’s control.
- Provider reserves a right to short technical interruption in the functioning of the Website in case of planned, current servicing and maintenance of the server and the Website.
- Provider shall not be liable for the outcomes of using the contents of the Website.
- Provider also shall not be liable for:
- any damages to third parties resulting from the usage of Services by Recipient inconsistent herewith or with the provisions of law; in case of the above damages, the Recipient shall be liable to third parties under the general provisions of law;
- the information and content downloaded or sent by Recipient via Internet;
- the loss Recipient’s data due to external factors (e.g. connection, hardware or software breakdown, etc.) or other circumstances beyond Provider’s control (third parties’ actions);
- damages resulting from the interruption in Service provision unless caused by Provider’s willful acts;
- damages resulting from circumstances beyond Provider’s control (force majeure, third parties’ acts and omissions, actions of Recipient or entities he/she is liable for, etc.);
- the outcomes of Recipient’s providing faulty or incomplete registration details.
§ 7. Copyright
- Copyright in contents of the Website is vested within the Service Provider and FINGO sp. z o.o. and is protected under the provisions of Act of 4 February 1994 on Copyright and Related Rights (Dz. U. 2006 no. 90, item 631 as amended). Any content of the Website, including the content downloaded therefrom or obtained otherwise shall not be used, reproduced, copied or fixed without a written consent of the Provider.
- Recipient shall not:
- sell, borrow, lease or in any other way dispose of the materials obtained within the course of the provision of the Service by electronic means by the Provider to other institutions or third parties without a written consent of the Provider;
- hand over the access data to the Website to third parties;
- fix and reproduce the content downloaded from the Website (the content is made available solely for Service Recipient’s individual use);
- fix, reproduce or make available free of charge the downloaded materials or further hand them over to third parties;
- erase or modify trademarks and information concerning Provider, posted in the Website and in attached materials;
- discretionally detach any element of the Website, make a copy thereof or make it available in any location other than primarily intended by the Provider;
- discretionally modify Website’s functionality and make technical changes to the Website without Provider’s consent;
- install plugins, make shortcuts, etc. or change Website materials’ wording, which would affect Website’s contents or form.
§ 8. Final provisions
- The Terms and Conditions shall become binding on the day of their publication on the Website.
- This Terms and Conditions may by amended.
- The amendment hereof during the term of the Agreement shall be binding if it is necessary:
- for the protection of Recipients’ or third parties’ rights,
- for the protection of Provider’s intellectual property rights,
- because of a significant change in Website’s functionality,
- because of changes made in order to improve the quality of Services.
- Any amendments hereof shall be communicated to Recipients by their publication in the Website. Unless otherwise provided, any amendments hereof enter into force on the day of their publication.
- Amendments shall be deemed to be accepted by the Recipient, if he/she fails to notify the Provider about the termination of the agreement within a week upon the publication of the amendment hereof.
- Agreement termination shall be effected in circumstances and in a manner provided for in a separate contract between the Provider and Recipient.
- Recipient’s rights hereunder may be assigned to third parties solely upon Provider’s written consent.
- The Polish law shall be the governing law hereof.
- Any disputes between Provider and Recipient or their legal successors shall be resolved by a generally competent common court.