REGULATIONS FOR THE ELECTRONIC PROVISION
OF SERVICES BY FINGO SP. Z O.O.
I. GENERAL PROVISIONS
- Under Art. 8 sec. 1 of the Act on the Electronic Provision of Services of 18 July 2002 (t.j. Dz. U. z 2017 r. poz. 1219) FINGO sp. z o.o. hereby establishes these regulations for the electronic provision of services (hereinafter referred to as the ‘Regulations’).
- The Regulations set out the types and scope of services provided by FINGO sp. z o.o. electronically through the website available at www.fingo.systems (also referred to as: the Site), the conditions for entering into and terminating agreements, the procedure for complaints, as well as the technical terms and conditions for the provision of services electronically.
- The owner of the Site and the entity which provides services on the Site is FINGO sp. z o.o., with its registered office in Wrocław (53-329) at Plac Powstańców Śląskich 7, KRS number: 0000020323, TIN (NIP): 8942683871, with the amount of share capital of PLN 62,500.00, fully paid up.
- Each Service Recipient is obliged to read and comply with the provisions of the Regulations from the moment of taking any action aimed at using the services provided through the Site or aiming in any other way to use the website www.fingo.systems.
- Any User of the Site shall be able to access the Regulations at any time via the website www.fingo.systems
- FINGO or Service Provider – shall mean FINGO sp. z o.o. with its registered office in Wrocław (53-329) at Plac Powstańców Śląskich 7, KRS number: 0000020323, TIN (NIP): 8942683871, with the amount of share capital of PLN 62,500.00, fully paid up, providing Services in accordance with the Regulations.
- Service Recipient or User – shall mean anyone who uses the Services or who otherwise uses the website www.fingo.pl.
- The Site – shall mean website: www.fingo.systems via which the company FINGO sp. z o.o. provides services electronically.
- Services – shall mean services provided by Service Provider on the Site.
- Provision of services by electronic means – shall mean providing a service by FINGO sp. z o. o. without the simultaneous presence of the parties (remotely) through submitting data at the individual request of the Service Recipient, where the service is sent and received via electronic processing devices, including digital compression, and data storage, which is entirely broadcasted, received or transmitted via a telecommunications network as defined in the Act of July 16, 2004 – Telecommunications Law.
- Information and communication system – shall mean a set of cooperating IT devices and software, providing for processing and storage, as well as sending and receiving data via telecommunications networks by means of a telecommunications terminal device appropriate for a given type of network, as defined in the Act of July 16, 2004 – Telecommunications Law.
- Commercial information – shall mean any information intended directly or indirectly to promote the services or image of FINGO sp. z o.o., available on the Service Provider’s Site with the exclusion of information enabling communication by means of electronic communication with a specific person and information about services not intended to achieve the commercial effect desired by FINGO. Commercial information on the Site does not constitute an offer as defined in Article 66 and subsequent articles of the Act of 23.04.1964 Civil Code.
III. TYPE AND SCOPE OF SERVICES BEING PROVIDED
- FINGO provides the following services via the Site:
a) provides the Service Recipient with commercial information regarding the services provided by FINGO and provides the possibility of searching and viewing them,
b) informs about current promotions regarding services provided by FINGO,
c) provides the Service Recipient with articles in the form of a blog,
d) enables the Service Recipient to contact FINGO through contact forms,
e) provides the Service Recipient with commercial information concerning a possibility to use E-mail Newsletter service and enables the conclusion of an agreement on providing the E-mail Newsletter service.
- The Service Provider may also provide services on the basis of separate contracts, the object of which is to provide services by electronic means.
IV. TERMS AND CONDITIONS FOR THE ELECTRONIC PROVISION OF SERVICES
- When using the services on the Site, the User shall observe and comply with the following technical requirements:
a) have an Internet connection,
- For the safe use of the Site, it is recommended that the device used by the Service Recipient has in particular:
a) an antivirus system with the latest version of virus definitions and updates,
b) an effective security firewall,
c) all available operating system and web browser security updates installed,
d) activated function to accept cookies and Java Script in the web browser,
e) software capable of reading files in PDF format.
- FINGO shall not be responsible for technical problems related to the malfunction of electronic equipment of the Service Recipient and for the lack of parameters enabling the Service Recipient to receive data.
- FINGO shall not be liable for the risks related to the use of services provided electronically by the Service Recipient. In particular, the Service Provider shall not be liable for any damage that is not a consequence of its fault or negligence, as well as for such a damage, the exclusive cause of which is the action of the Service Recipient or third parties which the Service Provider is not responsible for.
V. PERSONAL DATA PROTECTION
- The controller of personal data is: FINGO sp. z o.o. with its registered office in Wrocław (53-329) at Plac Powstańców Śląskich 7, KRS number: 0000020323, TIN (NIP): 8942683871, with the amount of share capital of PLN 62,500.00, fully paid up.
- If the Service Recipient uses the Site with violation of the law, Regulations or to the detriment of FINGO, the Service Provider reserves the right to process the Service Recipient’s personal data to the extent necessary to determine the User’s liability and hold the User liable. In such a case, FINGO reserves the right to prevent the Service Recipient from accessing the Site
VI. CONCLUSION AND TERMINATION OF THE CONTRACT FOR ELECTRONIC PROVISION OF SERVICES
- These Regulations are available for viewing, downloading, saving and printing free of charge to every User viewing the content of the Site.
- Each Service Recipient is obliged to read the content of these Regulations. These regulations constitute an integral part of the contract for the electronic provision of services concluded by FINGO. FINGO is not responsible for any damage suffered by the Service Recipient as a result of failure to read the content of the Regulations.
- By using the services provided by FINGO via the Site, the User confirms that he / she has read the content of these Regulations before using the services and that the conditions for the electronic provision of services by FINGO through the Site specified in these Regulations are understandable and accepted by the User.
- The Services referred to in point III sec. 1 points a) -d) of the Regulations, consisting in the provision of information or forms on the Site by FINGO are provided when the User starts visiting the Site in the domain www.fingo.pl
- The provision of the Services referred to in sec. 4 above is completed at the end of the User’s visit to the Site.
- The service of E-mail Newsletter referred to in point III. sec. 1 point e) of the Regulations which covers receipt by Service Recipients (who have provided the Service Provider with their e-mail address), by electronic means (including through automatic calling systems) of commercial information concerning the Service Provider’s products and services (including in particular information on their current offerings, promotions, discounts and marketing campaigns) is provided at the request of the Service Recipient which is made by providing the User’s e-mail address in the appropriate form on the Site or selecting the appropriate checkbox in order to receive the Newsletter. The E-mail Newsletter service is provided for an indefinite period.
- The Service Recipient may at any time opt out of receiving the e-mail Newsletter by clicking on the link which is provided in each e-mail message containing the e-mail Newsletter. The resignation is tantamount to the termination of the contract for the electronic provision of services in this regard.
VII. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
- FINGO undertakes to provide services electronically in an uninterrupted and sustained manner, in accordance with the presented commercial information. FINGO shall not be liable for technical problems preventing it from providing services occurring due to force majeure or events which FINGO is not responsible for, such as the result of the actions of third parties or the User.
- FINGO shall have the right to discontinue the provision of services temporarily due to renovation activities, maintenance, troubleshooting, deleting incorrect or outdated information, modernization, as well as changing the layout of the Site
VIII. RIGHTS AND OBLIGATIONS OF THE SERVICE RECIPIENT
- In the case use of the service for which it is necessary to provide the data of the Service Recipient, the User is obliged to provide the Service Provider only with true, up-to-date, complete data which are necessary, as well as promptly update the data provided to the Service Provider in relation to the conclusion of the contract
- By using the Site, the Service Recipient undertakes to comply with the provisions of law which is binding in Poland. It is unacceptable for the Service Recipient to use the services in a manner that is against the law, against the accepted principles of morality or in a manner which violates the legitimate interests of the Service Provider, in particular the provision of illegal content.
IX. COMPLAINT PROCEDURE
- The Service Recipient has the right to submit complaints regarding the services provided by the Service Provider via the Site. The complaints may not concern in particular: irregularities in the functioning of web browser, interruptions in access to the Internet, User’s devices or Internet connections, circumstances for which the Service Provider is not solely responsible, as well as other circumstances related to the activities of entities for which the Service Provider is not responsible.
- The complaint may be submitted by the User via e-mail to the address: firstname.lastname@example.org.
- The complaint should contain the data of Service Recipient submitting the complaint so that she/he is possible to identify – in particular: name, surname, address for deliveries, e-mail address. Apart from that, it is necessary to indicate the subject and scope of the complaint as well as its concise justification.
- FINGO will make every effort to consider the complaint within 30 days from the date the complaint is received by the Service Provider. The Service Recipient will be informed of the result of the consideration of the complaint in the manner in which the complaint was submitted or by letter to the address specified in the complaint
X. FINAL PROVISIONS
- These Regulations shall enter into force on the date of their publication. The publication is made by placing the Regulations on the website www.fingo.systems.
- FINGO reserves the right to amend the provisions contained in the Regulations at any time without giving a reason. Amendments to the existing Regulations enter into force on the date of their publication on the Site, and any previous provisions in the scope of the changes made shall terminate.
- In the event that the Service Recipient does not consent to the changes of the Regulations, she/he has the right to resign from services provided electronically at any time. In the event that the Service Recipient does not consent to the change of the existing Regulations and the inclusion of the provisions of the new Regulations of the agreement existing between the parties, the Service Recipient should submit a declaration to the Service Provider refusing his/her consent to the introduction of changes to the provisions of the existing Regulations in writing within 14 days from notifying by the Service Provider on the Site of the introduced changes to the Regulations. If the Service Provider does not submit a refusal within the prescribed period and form, it is assumed that the Service Recipient has read the content of the changes, these changes are understandable and accepted by the User.
- All information, data and materials available on the Site (including names and logos) as well as all other intellectual property rights related to the content of the Site belong to FINGO and are protected by copyright and trademark rights, database rights or other intellectual property rights.
- The Regulations enter into force on the day: 31.10.2022.