Terms of use

§1. GENERAL PROVISIONS

1. This document (hereinafter the ‘Terms’) sets out the terms of use of the website maintained at browarytyskie.pl (hereinafter the ‘Website’) and all products, software, uploaded data and services, provided to the user by or from the Website or through it (hereinafter ‘Services’).
2. The terms of use of the Website consist of the terms set out in this document and the ‘Policy on marketing communications’ used by the Owner, available at the website browarytyskie.pl (http://www.kp.pl/pol/files/multimedia/Polityka_Komunikacji_Marketingowej.pdf) collectively called, the ‘Terms’.
3. The Owner of the Website (data administrator) is Kompania Piwowarska S.A. with its headquarters in Poznań at ul. Szwajcarska 11, 61-285 Poznań, entered into the Register of Entrepreneurs of the National Court Register in the District Court of Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000086269, Nip: 646-03-25-155, (hereinafter: ‘Owner’).
4. The Owner provides Services electronically in accordance with the Terms, the Act of 18 July 2002 on the provision of services by electronic means and other legal provisions in force in the Republic of Poland.
5. Website Users are required to read and comply with the rules contained in the Terms. By using the Website, the user agrees to the content of these Terms and undertakes to comply with their provisions.
6. The Website User may be a natural person who is at least 18 years old (hereinafter ‘User’).
7. The Terms apply to all Users of the Services, including Users who also post Content using the Services. ‘Content’ includes text materials, software, scripts, graphics, pictures, sound, music, video recordings, audiovisual materials, interactive elements and other materials that the user can view, access, or post using the Services.
8. Intellectual property rights to materials contained on the Website are vested solely in the Owner, unless they contain varying information. Any copying, printing as well as public reproduction of the shared content is prohibited, unless it results from separate contracts or mandatory provisions of law.
9. No information posted on the Website constitutes an offer within the meaning of the Civil Code.

§2. TERMS FOR THE PROVISION OF SERVICES

1. The correct operation of the Website is ensured by the Participant using the following browsers:
   1. Desktop browsers:
      1. Chrome 24+
      2. FF18+
      3. IE8+
      4. Opera 12+
      5. Safari 5+
2. Tablet browsers:

1. Android Browser
2. iOS iPad Safari
3. Smartphone browsers:
   1. Android Browser
   2. iOS iPhone Safari
4. It is forbidden for the User to provide illegal content, in particular, it is unacceptable to place on the Website content that violates personal rights, commonly considered offensive, as well as materials that violate intellectual property rights.

1. In the event of unauthorized use of the Services, i.e. not in accordance with the Terms or applicable provisions of law, the Owner will have the right to process the User’s personal data to the extent necessary to determine his liability. The Owner may provide the User’s data to authorized bodies for the purposes of proceedings carried out by them.
2. Posting of any materials on the Website by the User is equivalent to making them publicly available. Such materials will not be treated by the Owner as confidential or proprietary.
3. The Owner reserves the right to remove materials, in particular in cases where they violate the provisions of the Terms or the law. The Owner also has the right to block access to the Website of a User who violates the provisions of the Regulations or the law.

§3. GENERAL RESTRICTIONS ON USE

1. The Owner hereby authorizes the User to access and use the Services, subject to the following express terms, and the User acknowledges that failure to comply with any of these terms will constitute a violation of these Terms on his part:

1. The User undertakes not to distribute any parts of the Website or the Services, including, without limitation, any Content on any media without obtaining the prior written consent of the Owner, unless the Owner makes funds available for such distribution through the functions offered as part of the Services.
2. The User undertakes not to change any part of the Website or Services. The User undertakes not to bypass, block or otherwise interrupt (or attempt to do so) security elements of the Services or elements that prevent or restrict the use of Content;
3. The User undertakes not to use or introduce any automated system that accesses the Services in such a way that they send more queries to browarytyskie.pl servers in a given period than at the same time could be sent by an individual using a publicly available standard (i.e. unmodified) browsers;
4. The User undertakes to access the Content only for his own personal use and not for commercial purposes, only for the intended purpose resulting from the normal scope of functions of the Services;
5. The User undertakes that he will not copy, duplicate, distribute, transfer, broadcast, display, sell, license or use the Content in any other way without the prior consent of the Owner, unless otherwise different information is included with it
6. The User acknowledges that he is solely responsible for – and that the Owner is not liable to the user or third parties for – violation of obligations under the Terms and for the consequences of such violation (including any loss or damage suffered by the Owner).

1. The Owner reserves the right to carry out maintenance work that may cause difficulties in using the Website or temporarily preventing its use.
2. The Owner is not responsible for any inability of the User to access the Website, resulting e.g. from the technical limitations of the User’s equipment.
3. The Owner informs that websites, to which links are found on the Website, unless they contain such information, were not prepared by him. Consequently, the Owner takes no responsibility at all for the information, opinions and materials contained on such pages or pages connected to them.
4. Specifications, elements, illustrations, equipment and other information contained on the Website are based on current data, however, the Owner, despite all efforts to ensure the correctness of the content of the Website, cannot guarantee it is up-to-date at all times.

§4. COPYRIGHT POLICY

The Owner has a clear copyright policy for Content that is alleged to violate the copyright of a third party. To report a copyright violation, please contact the owner – contact section on the website.

§5. CONTENT

1. Users using the Services may submit Content. The User acknowledges that the Owner may prevent the publication of Content.
2. Users retain all ownership rights to their own Content, however they should grant limited licence rights to the Owner and other Users of the Services. They are described in Article 8 of these Terms (Rights that you license, as the User).
3. Users acknowledge and agree that they are solely responsible for their own Content and the effects of their posting or publication. The Owner does not endorse any Content or any opinions, recommendations or advice expressed therein, and expressly refuses to accept any liability related to the Content.
4. The User declares and ensures that he owns (and that he will continue to own while using the Services) all necessary licences, rights, consents and permits required to enable the Owner to use his Content to provide Services by the Owner, and to use his Content in the manner specified for the Services and in these Terms.
5. The User undertakes that the Content submitted by him to the Services will not contain any materials subject to third party property rights (including privacy rights and rights to control the use of the image), unless the User has an official licence or consent from the rightful owner or the authority from another to post the material in question and to grant the Owner the licence spoken of in § 6. point 1 below.
6. Upon becoming aware of any potential violation of these Terms, the Owner reserves the right, freely and not subject to prior notice, to decide whether the Content meets the requirements of these Terms for reported content and may remove Content that violates these Terms.

§6. USER GRANTS LICENCE

1. By posting Content on the Website, the User grants:

1. The Owner of the territorially unlimited, non-exclusive, free, transferable licence (with the right of sub-licence) for the use of Content, duplication of Content, its distribution, development of derivative works based on it, its issuing or performance of in connection with the provision of Services and conducting activities, including among others, to promote and distribute Services in part or in whole (including derivative works) regardless of the format of the medium and the method of submitting material;
2. Each User of Services – territorially unlimited, non-exclusive, free licence to access his Content through the Services and to use such Content, their duplication and distribution, development of derivative works based on them, and their issuing or performance of within the set of functions offered by the Services and within the limits permitted under these Terms.
3. The above licences granted by the User in relation to the Content shall expire when the User contacts the Owner in order to remove it from the Website.

§7. PRIVACY POLICY

1. The Owner processes information on Users, including information of a personal data nature, subject to the applicable provisions on the protection of personal data and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), using security required by law.
2. The Owner reserves the right to disclose selected information about the User to authorities or third parties that request such information, based on the appropriate legal basis. Except as provided in the previous sentence, information about the User will not be disclosed to any third party without the User’s consent.
3. The User’s data will be stored for no longer than is necessary in connection with the use of the Website, and then they will be removed from the system.
4. Each User has the right to request access to their personal data and copies thereof, the right to request rectification of data if it is incomplete or incorrect, the right to request restriction of processing, the right to remove data, the right to transfer data, the right to object to their processing and the right to lodge a complaint with the Office for Personal Data Protection. If data processing is based on consent, the User has the right to withdraw consent at any time. In the event of a request to remove data conditioning the use of the extracted resources of the Website and the Services offered within it, the User loses the possibility of using them.

§8. COMPLAINTS PROCEDURE

1. The User has the right to lodge complaints regarding the Services provided.

1. Complaints should be submitted by post to the Owner’s address defined in § 1. point 3.
2. Complaints will be considered by the Owner immediately, however not longer than within 14 days from the date of receiving the complaint.
3. A properly formulated complaint should contain at least the following data:
   1. Defining the User, i.e. name, surname, postal address, email address (if the User has one);
   2. Description of the complaint;
   3. Write ‘COMPLAINT’ on the package.
   4. Complaints not containing the above elements will not be dealt with.
   5. The person submitting the complaint will be informed about the manner in which the complaint has been dealt with, to the postal address or email address provided by him.

§9. FINAL PROVISIONS

1. The Regulations apply from the date of publication on the Website.
2. The User may at any time opt out of using the Website, in particular if he does not accept changes made to the content of the Terms or modifications of specific Website Services.
3. The owner reserves the right to amend the Terms, e.g. In order to take into account changes in law or regulation or changes in the functions offered through the Services. For this reason, the User should regularly check whether the Terms have changed. The amended version of the Terms will be posted on browarytyskie.pl or made available as part of the Services (in the event of changed additional terms). The User who does not accept the Terms is obliged to refrain from using the Services. User’s use of the Services after the date on which the Terms have been posted will be treated as acceptance of the Terms.
4. In matters not covered by the above Terms, the applicable law in territory of the Republic of Poland shall apply.