Website Terms of Use

Website

Website www.brandactive.co ("Website") is provided by Cloudflight Poland Sp. z o.o. (Polish limited liability company) located in Wrocław (53-673), Legnicka 16, entered into the Register of Entrepreneurs kept by the District Court for for Wroclaw-Fabryczna in Wroclaw, VI Commercial Division of the National Court Register under KRS number 0001163809, NIP (tax ID) 8951930748, with the share capital of PLN 100 000,00 (“Service Provider”), which may be contacted by sending a message to the following e-mail address: info@brandactive.pl.

The services provided electronically on the website (“Electronic Services”) may be used by a natural person or a legal person acting through an authorized person, or an organizational unit without legal personality, to which legal capacity is granted by law, with total legal capacity (“User”).

Website Terms OF Use

These website terms of use (“Website Terms of Use”) set forth the terms, scope, and conditions of the Electronic Services by Users, and further:

• conditions of conclusion and termination of the Agreement on Provision of Electronic Services and the Agreement for the provision of digital content,
• terms and conditions for the provision of the Electronic Services;
• rules for filing and investigating complaints,
• Service Provider’s liability rules.

Using the Services means the User accept the Website Terms of Use and read the Privacy Policy.

The Website Terms of Use are made available free of charge via the website in a manner that allows obtaining, reproducing, and recording the content of the document using a teleinformatic system used by the User.

Technical conditions

It is necessary to use a device communicating with the Internet and equipped with a web browser to use the Electronic Services.

The minimum technical requirements to use the Electronic Services are:

• the installed and current operating system on the device,
• an updated web browser,
• stable internet connection,
• active e-mail account.

Service Provider is not a Provider of data transmission or telecommunication services. All costs associated with data transmission services or telecommunication services required for the Electronic Services shall be borne solely by the User under separate agreements concluded by the User with these services providers.

Service Provider informs that the public nature of the Internet and the conclusion of agreements for the use of the Electronic Services may be associated with the legal risks arising from the use of the Internet, including the threat of obtaining, appropriating, or modifying User’s data by unauthorized persons. Consequently, the User should use appropriate technical measures to minimize the risk, including antivirus programs or protect the identity of persons using the Internet.

Electronic Services

The Electronic Services provided on the Website consist of a form through which the User may ask about Service Provider’s offer (“Form”).

The Electronic Service Agreement is concluded when the User enters the appropriate required data indicated on the Form and sends it to the Service Provider by using the button „ Sent” or similar.

The use of Electronic Services is free of charge.

Subject to other express provisions of the Website Terms of Use, Electronic Services are provided 24 (twenty-four) hours a day, 7 (seven) days a week, at the request of the User, unless otherwise specified in the Website Terms of Use.

The Form is not continuous service. Upon delivery of data to the Service Provider the Agreement is completed.

The place of providing the Electronic Services is the territory of the Republic of Poland.

Electronic Services Agreement is concluded in the Polish, German or English language, depending on the language selected by the User.

Service Provider’s liability and the User’s obligations

To the extent permitted by law, Service Provider is not responsible for:

• Acts and omissions of telecommunications carriers and service Providers used by the User to access to the Electronic Services,
• interruptions or difficulties in access to the Electronic Services caused by necessary technical interruptions, failures of telecommunication connections, or caused by force majeure,
• the User’s actions which are inconsistent with the Website Terms of Use, including damage caused to third parties as a result of the use by the User of Electronic Services in a manner contrary to the Website Terms of Use and the law,
• provision of third parties’ data by the User during the use of Electronic Service,
• consequences of the User providing false, incomplete or incorrect data in the form, or for non-delivery of the Electronic Services for other reasons attributable to the User, e.g. overflowing mailbox.
• inability or difficulty in using the Electronic Service due to non-fulfillment the technical requirements specified in the Website Terms of Use.

The User is obliged in particular to:

• provide the Service Provider only with accurate, current, and all necessary data of the User;
• promptly update the data provided to the Service Provider in connection with the conclusion of the agreement;
• use the Electronic Services offered by the Service Provider in a manner consistent with applicable law and without infringing on third parties’ rights, by the provisions of the Website Terms of Use, as well as with customary practice and rules of social coexistence, in particular by not providing unlawful content;
• use Electronic Services and the Website in a manner that does not interfere with their functioning,
• respect Service Provider’s rights, including copyrights and intellectual property rights, to the website and materials published on the website,
• refrain from transferring third-party data, including personal data.

Complaints

In matters related to the provision of Electronic Services, the User has the right to file a complaint.

The complaint should include at least the following information: (i) User’s first and last name, (ii) User’s e-mail address, (iii) description of circumstances justifying the complaint, (iv) User’s demand.

If the complaint does not contain the data indicated in point. 9.2. above, the Service Provider may request the User to complete the data. If the data are not met, the complaint cannot be investigated by the Service Provider.

Complaints may be directed to the Service Provider’s address, i.e., Cloudflight Poland Sp. z o.o. with its registered office in Wroclaw, Legnicka 16, 53-673 Wroclaw, marked “Complaint,” or to the following e-mail address: info@brandactive.pl.

The Service Provider will recognize complaints within 14 days from its receipt. The Service Provider will inform about the method of processing the complaint corresponding to the practice of filing a complaint.

Final Provisions

The Service Provider is the Controller of the personal data processed in connection with the use of Electronic Services. Personal Data is processed for the purposes, to the extent and based on the grounds and principles indicated in Privacy Policy.

All rights to the Website and the digital content provided as part of the Electronic Services, belong to the Service Provider. Such content may constitute works within the meaning of the Polish Act of February 4th, 1994 on Copyright and Related Rights or constitute registered trademarks and are subject to legal protection.

The Service Provider is entitled to make changes to the Website Terms of Use for important reasons, in particular in the case of changes in the conditions of provision of Electronic Services, suspension of the provision of Electronic Services or their liquidation in whole or in part, as well as in the case of changes in legal regulations in the scope influencing the realization of the provisions of the Website Terms of Use. The change in the Website Terms of Use is effective from the moment of their publication on the Website.

The laws of Poland shall govern the obligations arising from these Website Terms of Use, and the applicable Polish ordinary courts shall settle any disputes.

In matters not regulated by these Website Terms of Use, provisions of Polish law shall apply.

The User, a consumer, may use the out-of-court complaint and redress procedures. Disputes regarding agreements concluded via the Internet may be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or through an arbitration court at the Provincial Inspectorate of Trade Inspection.

The Website Terms of Use shall enter into force on […].